News from New York

NEW YORK: Settlement reached in Manlius pickup, homeowners’ association case

By Elizabeth Doran |

The case of a Central New York couple sued by a homeowners’ association in the town of Manlius for parking their pickup truck in their driveway has been settled.  The two sides reached an agreement that was approved in state Supreme Court, said Tom Cerio, who represented the couple, David and Arna Orlando.

The Kimry Moor Homeowners Association sued the couple, seeing an injunction in Onondaga County Supreme Court to stop the couple from parking their 2014 black Ford F-150 truck in their driveway.

The association said its regulations only allowed residents to park “private, passenger-type, pleasure automobiles” in driveways. The association owns the driveways in the development.

In late August, the two sides reached an agreement and the case was “settled for an undisclosed amount,” Cerio said. He said the resolution prevents the award from being revealed.

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New York – Homeowners Sued For Parking Truck In Their Own Driveway

OPPOSING VIEWS.COM:  Homeowners Sued For Parking Truck In Their Own Driveway
January 20, 2015
By Matiss Batarags

David and Arna Orlando are being sued by their homeowners association for parking their pickup truck in their own driveway.

The Kimry Moor Homeowners Association filed the lawsuit in August of 2013, claiming that the truck was not a personal vehicle. The Manlius, New York, development consists of 84 houses.

Kimry Moor’s regulations state that cars parked in driveways must be “private, passenger-type, pleasure automobiles.” Court documents show that Kimry Moor owns the common areas of the development, which include the driveways of all houses. Technically, the Orlandos can park their truck in the garage.

David says that his 2014 Ford 150 is registered as a passenger vehicle and that he does not even have a commercial license. The Orlandos’ lawyer, Tom Cerio, said: “This is a silly rule. It’s fair to say the association is definitely overreaching. And they are enforcing this rule for a personal-use vehicle, not a commercial vehicle.”  Read more:

New York: One Co-op with Two Competing Boards Battles It Out in Brooklyn

By Frank Lovece  Published:  Nov. 21, 2014

In the great big playground of life, co-ops and condos are the sandbox, or maybe the tree house. Either way, the kids playing there mostly get along and mostly determine their own workable rules of behavior. And then you have your Calvin and Hobbes situations, where one board member declares he’s president, and another board member declares a coup, and another board member calls the police and a judge appoints a referee to sort it all out.

This is the case, with surprising literalness, at 622A President Street in Brooklyn’s Park Slope neighborhood. Despite the seeming serenity of the four-story, 1912-vintage red-brick building on a leafy side street, the shareholders of its four apartments have been embroiled in a lawsuit that even Calvin might find bewildering.    Read more

NEW YORK: Important New Court Ruling Confirms: It’s Legal to Withhold Amenities

Posted November 9, 2014

If there were ever a doubt about the appropriateness of withholding building amenities from condominium owners in arrears, a recent court decision in New York City lays it to rest — and lays out what a condo board did right in the way it pursued one of the very few pieces of leverage available to compel recalcitrant unit-owners.   Read more

New York – Homeowners want ‘crazy cat lady’ to quit feeding strays

N.Y. Daily News: MEOW NIX:  Homeowners want ‘crazy cat lady’ to quit feeding strays

By Melissa  Chan — June 10, 2014

It’s a feline free-for-all in Fresh Meadows. Homeowners are fed up with a crazy cat lady and the cat colony she’s created behind a Jewish center and synagogue following years of feeding the feral critters. Wild packs of tabby and tuxedo cats, some just kitties, treat nearby lawns as litter boxes and claw open garbage bags left on the sidewalk, angry neighbors told The News.

“It has just exploded this year,” said Mary Lou James, who has witnessed clusters of up to 20 cats form daily for a 6 a.m. breakfast. “So many of them were pregnant. They’ve all popped. It’s kind of freaky. It’s a feral cat colony.”  Read more: