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HTMLCondominium Board Entitled to Recover Attorneys' Fees and Late Fees Even After Unit Owner Paid Past-Due Common Charges
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on January 12, 2016
The governing documents of most condominiums and cooperatives provide that if an owner does not pay his or her common charges or maintenance on time, the board may impose additional charges such as late fees, and is entitled to be reimbursed for attorneys’ fees and legal expenses of...

 

Adobe PDFChallenges in Conducting Cross-Border Real Estate Transactions Due to Differences in Legal Practices, Language and Culture - a Mexico Perspective
Adriana Reyes; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
January 29, 2016, previously published on December 2015
Mexico is the United States second-largest export market just after Canada and its third-largest trading partner (after Canada and China). Thousands of cross-border transactions are conducted each day between the two countries, including many involving real estate investments. When participating in...

 

HTMLCourt, Overturning Attorney General's Determination, Holds That Amendment of Offering Plan Entitled Purchaser to Rescind
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on January 11, 2016
The Sponsor of a condominium entered into a contract for the sale of a unit. After the contract of sale was executed, but before the closing, the Sponsor filed an amendment to the offering plan. Among other changes, the amendment provided the Sponsor with additional legal remedies in the event of a...

 

HTMLFinCEN Targets High-Value Real Estate Transactions in New York and Miami
Jodi L. Avergun, Nicholas E. Brandfon, J. Robert Duncan, Steven M. Herman, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 29, 2016, previously published on January 19, 2016
On January 13, 2016, the Financial Crimes Enforcement Network (“FinCEN”) announced that it had issued a Geographic Targeting Order (“GTO”) which will temporarily require certain title insurance companies to report the identity of natural persons who make...

 

HTMLCourt Denies Residential Board's Request For Injunction Invalidating Budget and Condominium Board's Request For Injunction Granting Access
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on December 14, 2015
In a recent litigation involving two Condominiums located in the same Manhattan building, each Board of Managers moved for a preliminary injunction against the other. The court denied the relief sought by both sides. OA Manhattan LLC v. Condominium Board of Managers of Cassa NY Condominium, 2015...

 

HTMLCourt Holds Fraud Claim Against Sponsor to Be Preemted By Martin Act; Also Dismisses Indemnification and Contribution Claims
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on December 15, 2015
A court has dismissed several claims brought by a Condominium Board of Managers against the Sponsor and individual members of the Sponsor, as well as cross-claims against the Sponsor by a co-defendant. Board of Managers of 111 Hudson St. Condominium v. 111 Hudson Street, LLC, Index No. 651959/2014,...

 

Adobe PDFDo Building Permits Affect Title to Real Estate? A Consideration of MacDonald v. Chicago Title
Simon P. Crawford; Bennett Jones LLP;
Legal Alert/Article
January 27, 2016, previously published on January 1, 2016
No, although unfortunately, we have to overcome a December 2015 decision of the Ontario Court of Appeal in order to support that "no". A decision that, in order to square with the legal framework of real estate law, will need to be either overturned or distinguished, filed away and...

 

Adobe PDFUS Government to Penetrate Secrecy in Manhattan, Miami Residential Transactions
Michael W. Galligan, Marc A. Landis, Tiberio Schwartz; Phillips Nizer LLP;
Legal Alert/Article
January 21, 2016, previously published on January 16, 2016
On January 13, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) ordered certain title insurance companies to identify the individuals behind the purchase of residential real estate in Manhattan (New York County, New York) and Miami-Dade County,...

 

HTMLNew Tax Legislation Enhances Investments in U.S. Real Estate and REITs
Carl J. Riley, Alejandro Ruiz, Robert D. Simon, Jennifer H. Weiss; Greenberg Traurig, LLP;
Legal Alert/Article
January 20, 2016, previously published on January 16, 2016
Congress recently passed, and President Obama signed into law, the Protecting Americans from Tax Hikes Act of 2015 (the Act), in connection with funding the federal government and extending the availability of a number of expiring tax provisions. Among the many tax law provisions included within...

 

HTMLMinimum Energy Efficiency Standards - Watts All The Fuss About?
Emma Horn; Withers Bergman LLP;
Legal Alert/Article
January 19, 2016, previously published on January 7, 2016
Under the new Minimum Energy Efficiency Standards ('MEES'), landlords cannot grant a lease of a property with an energy performance certificate (EPC) rating of F or G unless all cost-effective works to improve energy efficiency have been carried out or an exemption applies. MEES applies to both...

 


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