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Re: Real Estate lawyer recommendation
#17
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Savio Figaro is a real estate litigation attorney in Jr. Sq. which I used his services for an REO purchase. Corrado in the heights is also good for real estate transactions which I've used but call his office anyway for your issue. Peter Cecinini from Bayonne is supposed to be expert on property tax appeals who might have an idea.

Good Luck.

Posted on: 7/13 0:22
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Re: Real Estate lawyer recommendation
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Quote:

SRhia wrote:
Looking for good real estate lawyer recommendation. - especially pertaining to deeded roof rights, and the right of other building owners to put compressors on roof (deeded to a different unit owner) .

Thanks in advance.



I think you should search for local real estate lawyers near you. You may Google for that... you may see the list of good lawyers and their review. after all, just choose the best one.

Posted on: 5/30 4:04
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Re: Real Estate lawyer recommendation
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Without knowing the details, you may have private roof deck and/or roof deck access, but the deck cannot take up 100% of a roof so that may mean that the other condo owners are entitled to use non-deck areas. Also, be careful what you wish for, if you say that roof is all yours you may need to be prepared to pay 100% of the costs if and when it needs to be repaired/replaced.

Posted on: 5/29 21:29
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Re: Real Estate lawyer recommendation
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Quote:

manhattanman wrote:
FRED DUBOWSKY - EXCELLENT ATTORNEY! EDISON nj



#local

Posted on: 5/29 18:08
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Re: Real Estate lawyer recommendation
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FRED DUBOWSKY - EXCELLENT ATTORNEY! EDISON nj

Posted on: 5/29 17:22
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Re: Real Estate lawyer recommendation
#12
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iGreg wrote:
Quote:

brewster wrote:
I don't know anything about the specific situation, but I will say don't use any old lawyer who closes deals. They may have no idea about this kind of stuff but take it on figuring "how hard could it be?" This kind of Rights and Zoning issues is a specialty that you should put in the effort to find the specialist.

I once had a problem with the code officials, and friends who were general lawyers told me I should just fold. The Specialist looked at the papers and said "this is bullshit", which of course it was.



OP asked for a recommendation, do you have one?


#forum ad nauseam


No, the lawyer I used is no longer practicing here or would have made the referral.

Posted on: 5/28 23:07
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Re: Real Estate lawyer recommendation
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Thank you for all the recommendations so far. Will research every one of them!!!

Posted on: 5/28 18:52
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Re: Real Estate lawyer recommendation
#10
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I can't speak with experience to your specific situation, but I've used Joe Scanlon several times. Very responsive, knowledgable about local codes as well.

Right across from City Hall in Hoboken. Highly recommended.

http://business.hobokenchamber.com/li ... er/scanlon-scanlon-pc-576

Best of luck.

Posted on: 5/28 17:59
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Re: Real Estate lawyer recommendation
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Quote:

iGreg wrote:
Quote:

brewster wrote:
I don't know anything about the specific situation, but I will say don't use any old lawyer who closes deals. They may have no idea about this kind of stuff but take it on figuring "how hard could it be?" This kind of Rights and Zoning issues is a specialty that you should put in the effort to find the specialist.

I once had a problem with the code officials, and friends who were general lawyers told me I should just fold. The Specialist looked at the papers and said "this is bullshit", which of course it was.



OP asked for a recommendation, do you have one?


#forum ad nauseam


Don't be such an ass. Often times, the key to a good answer is figuring out the options NOT to chase/follow/choose. His perspective is valid, and very much on point. Not to mention that the OP originally asked for opinions and thoughts on the issue in a separate thread about the same situation.

Posted on: 5/28 17:50
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Re: Real Estate lawyer recommendation
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Quote:

brewster wrote:
I don't know anything about the specific situation, but I will say don't use any old lawyer who closes deals. They may have no idea about this kind of stuff but take it on figuring "how hard could it be?" This kind of Rights and Zoning issues is a specialty that you should put in the effort to find the specialist.

I once had a problem with the code officials, and friends who were general lawyers told me I should just fold. The Specialist looked at the papers and said "this is bullshit", which of course it was.



OP asked for a recommendation, do you have one?


#forum ad nauseam

Posted on: 5/28 15:30
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Re: Real Estate lawyer recommendation
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I don't know anything about the specific situation, but I will say don't use any old lawyer who closes deals. They may have no idea about this kind of stuff but take it on figuring "how hard could it be?" This kind of Rights and Zoning issues is a specialty that you should put in the effort to find the specialist.

I once had a problem with the code officials, and friends who were general lawyers told me I should just fold. The Specialist looked at the papers and said "this is bullshit", which of course it was.

Posted on: 5/28 15:25
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Re: Real Estate lawyer recommendation
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SRhia wrote:
Looking for good real estate lawyer recommendation


http://www.liulawoffice.com/

Posted on: 5/28 15:16
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Re: Real Estate lawyer recommendation
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SRhia wrote:
@bodhipooh - yes, you're right. I'm the same one who posted that thread previously.

The other unit owner is aware that the roof is deeded to us. However, instead of asking us directly, they are going to ask the condo association / owners for a vote on this (we happen to have a condo meeting coming up).

So - I have a feeling this may get messy, so I just want a lawyer's contact handy, in case we need to go down that route.

I have looked through our bylaws and deed, and what I saw so far is that:
1. the roof is defined as a "General Common Element"
2. the right to construct a roof deck is "limited and reserved" to our unit only

However, the bylaw/deed does not explicitly say that other units cannot put anything up there. Our neighbor is taking the route that if they can obtain majority votes, then they can put the compressor up there?

====>>>>> Therefore - I'm not sure if we (as owners of the deeded roof) can conclusively say "No" to the neighbor and their compressor. I would have assumed that since the roof is deeded to us, then we should be able to say No, and that's the final word???

That's why we don't know how to handle this, and therefore may need to get a lawyer involved.

If anyone has any insights or experience into this, we'd greatly appreciate it - feel free to comment here, or direct message me.


UGH. Definitely 100% contact an attorney. Just the mere fact that the other homeowner has decided to go over your head to get access to the area over your head (yes, pun intended) I think you are right to assume/expect this to become messy. At a basic level, what good is it to have a roof deeded to you if you do not have control or say over what happens to it?

But, tellingly, the fact that the roof is defined as a "general common element" may indicate that everyone is entitled to roof access, which is really puzzling if you indeed hold a deed to said roof.

Honestly, I wish you luck with the situation, and I hope it gets resolved in a manner that is fair and desirable to you.

Posted on: 5/27 20:24
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Re: Real Estate lawyer recommendation
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Just be sure that the roof is absolutely deeded to your unit. I owned a 3rd and 4th fl duplex in which I had exclusive access to the 3rd fl rooftop. It was considered an limited common element. It was not deeded to our unit. The association was responsible for the upkeep of the roof.

Nobody ever tried to put anything up there but if they wanted to , it would've went by majority vote. As far as the compressor goes, they are no danger to the roof. That is where my unit was located and it didn't really make that much noise.

You might want to contact the attorney you used when you bought the unit. He will be able to read the bylaws and tell you what your rights are.



Quote:

SRhia wrote:
@bodhipooh - yes, you're right. I'm the same one who posted that thread previously.

The other unit owner is aware that the roof is deeded to us. However, instead of asking us directly, they are going to ask the condo association / owners for a vote on this (we happen to have a condo meeting coming up).

So - I have a feeling this may get messy, so I just want a lawyer's contact handy, in case we need to go down that route.

I have looked through our bylaws and deed, and what I saw so far is that:
1. the roof is defined as a "General Common Element"
2. the right to construct a roof deck is "limited and reserved" to our unit only

However, the bylaw/deed does not explicitly say that other units cannot put anything up there. Our neighbor is taking the route that if they can obtain majority votes, then they can put the compressor up there?

====>>>>> Therefore - I'm not sure if we (as owners of the deeded roof) can conclusively say "No" to the neighbor and their compressor. I would have assumed that since the roof is deeded to us, then we should be able to say No, and that's the final word???

That's why we don't know how to handle this, and therefore may need to get a lawyer involved.

If anyone has any insights or experience into this, we'd greatly appreciate it - feel free to comment here, or direct message me.

Posted on: 5/27 20:22
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Re: Real Estate lawyer recommendation
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@bodhipooh - yes, you're right. I'm the same one who posted that thread previously.

The other unit owner is aware that the roof is deeded to us. However, instead of asking us directly, they are going to ask the condo association / owners for a vote on this (we happen to have a condo meeting coming up).

So - I have a feeling this may get messy, so I just want a lawyer's contact handy, in case we need to go down that route.

I have looked through our bylaws and deed, and what I saw so far is that:
1. the roof is defined as a "General Common Element"
2. the right to construct a roof deck is "limited and reserved" to our unit only

However, the bylaw/deed does not explicitly say that other units cannot put anything up there. Our neighbor is taking the route that if they can obtain majority votes, then they can put the compressor up there?

====>>>>> Therefore - I'm not sure if we (as owners of the deeded roof) can conclusively say "No" to the neighbor and their compressor. I would have assumed that since the roof is deeded to us, then we should be able to say No, and that's the final word???

That's why we don't know how to handle this, and therefore may need to get a lawyer involved.

If anyone has any insights or experience into this, we'd greatly appreciate it - feel free to comment here, or direct message me.

Posted on: 5/27 19:58
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Re: Real Estate lawyer recommendation
#2
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SRhia wrote:
Looking for good real estate lawyer recommendation - especially pertaining to deeded roof rights, and the right of other building owners to put compressors on roof (deeded to a different unit owner).

Thanks in advance.


You posted some time ago a similar thread in which you indicate you are the homeowner to whom the roof is deeded. If the roof is indeed deeded to you, and you do not wish to grant permission for the installation of A/C compressors, shouldn't that be the end of the story?

Personally, if I was in your situation, I definitely would not grant permission for the installation of compressors for anyone. Once you grant permission to someone, you have opened the proverbial floodgates to other neighbors making similar requests. And, notwithstanding any willingness to be accommodating, installing anything on the roof can invariably lead to complications down the road. Compressors vibrate, so if you are particularly sensitive to that sort of noise, you could be in for a very uncomfortable situation. Not to mention that all kinds of things can go wrong, including an outright malfunction that could require unit maintenance. Do you want those (potential) headaches in your hands?

Posted on: 5/27 19:28
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Real Estate lawyer recommendation
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Looking for good real estate lawyer recommendation - especially pertaining to deeded roof rights, and the right of other building owners to put compressors on roof (deeded to a different unit owner).

Thanks in advance.

Posted on: 5/27 10:45
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