Legal Talk for Co-ops and Condos

Send us Fan Mail When a co-op or condo loses a commercial tenant, a cash crunch often follows. Finding a new tenant is just the beginning — the real challenge is structuring a lease that protects the building’s finances and residents. Mark Axinn, partner at Phillips Nizer , explains how to think like a professional landlord while recognizing your unique constraints. Key elements are managing rent...

Send us Fan Mail No building is ever really prepared for a contractor accident, but you can be proactive about keeping your building protected. Howard Schechter, partner at Fox Rothschild , breaks down the critical concept of risk transfer and why it could save your co-op or condo from devastating financial losses. Learn why New York's unique Scaffold Law has made insurance premiums skyrocket...

Send us Fan Mail Every board dreads that moment when a shareholder demands to see corporate documents, contracts, or financial records. But ignoring the request isn't an option. Evan Gitter, partner at Cohen Warren Meyer & Gitter , breaks down the shifting landscape of transparency laws and reveals why boards without proper procedures are setting themselves up for trouble. From repeat req...

Send us Fan Mail When board members think they have unlimited power, they run the risk of going too far when handling unit owner alterations. Carol Sigmond, partner at GreenspoonMarder , shares eye-opening stories from her legal practice, including one particularly puzzling case involving dangerously hot walls and a board's baffling response that turned a straightforward renovation into month...

Send us Fan Mail The Business Judgement Rule protects a lot of board decisions, but when your actions are ruled “in bad faith,” everything changes. Steven Sladkus, partner at Schwartz Sladkus Reich Greenberg and Atlas , unpacks a shocking case where board members faced personal liability after a judge found they acted in bad faith. What started as a commercial unit alteration dispute spiraled into...

Send us Fan Mail Smoking disputes have exploded since the pandemic, and they're turning neighbors into enemies faster than ever. In this episode, Peter Massa, partner at the law firm Fox Rothschild , reveals why boards that ignore these complaints face serious legal liability. He shares his proven "ladder approach" for resolving conflicts before they escalate into costly lawsuits. Y...

Send us Fan Mail Every board will have to deal with residents in arrears at some point. But in this conversation, Marc Schneider, managing partner and CEO at the law firm Schneider Buchel , reveals why waiting even 45 days to pursue collections can devastate your building's finances. Schneider explains how communities with 20% arrears can still survive, the legal loopholes that give co-ops ma...

Send us Fan Mail It’s too easy for the complex world of co-op ownership transfers to become a costly headache. Attorney Aaron Shmulewitz, partner at the law firm, Belkin Burden and Goldman , breaks down the three main types of co-op ownership and explains why shareholders increasingly want to transfer apartments into trusts and LLCs for estate planning benefits. In this interview, you'll disc...

Send us Fan Mail If you're facing a major renovation, some crucial information could save you thousands of dollars and months of headaches. Attorney Lisa Radetsky, partner at the law firm Phillips Nizer , reveals why standard construction contracts are stacked against building owners, and how New York's recent retainage law changes have made protecting your building even trickier. Learn...

Send us Fan Mail If you’re struggling with unit owners who aren't paying maintenance or common charges, you're not alone. Attorney Maria Beltrani, partner at Schwartz Sladkus Reich Greenberg and Atlas , reveals game-changing pre-litigation strategies that can get you paid faster — and for less than going to court. Discover how to legally redirect subtenant rent payments directly to your...

Send us Fan Mail You might not expect it, but your alteration agreement might be setting your building up for years of headaches and potential lawsuits. In this episode, Ingrid Manevitz, a partner in the law firm Seyfarth Shaw , reveals how paperwork oversights can turn routine apartment renovations into costly legal nightmares that drag on indefinitely. She explains the three most dangerous pitfa...

Send us Fan Mail If you’re struggling with smoking issues in your building, Helene Hartig, founder and principal at Hartig Law , offers boards practical guidance on establishing rules that will actually pass a shareholder vote, balancing the rights of smokers and non-smokers, and handling medical exceptions without inviting discrimination claims. She offers effective strategies for addressing viol...

Send us Fan Mail Do you have a roadmap for handling delinquent payments? Caryn Meyer, partner at Cohen, Warren, Meyer & Gitter, has a plan. In this episode, she tackles the entire collection journey, from establishing clear arrears policies to making tough foreclosure decisions. You'll gain strategic insights on setting monetary thresholds, properly communicating policies to residents, an...

Send us Fan Mail Your board can sleep better at night knowing your decisions are protected by the business judgment rule — but it's not absolute. In this episode, Eric Goidel, a partner at B orah, Goldstein, Altschuler, Nahins & Goidel , reveals crucial limitations to that protection, including five key areas where boards mistakenly believe they're shielded but aren't. He explai...

Send us Fan Mail Confused about who's responsible for that leaky window or damaged floor? If your board has ever faced a battle over repairs, you know that ambiguous governing documents can often lead to disputes. Ken Jacobs, a partner at the law firm Smith Buss & Jacobs , explains why "boring" repair issues are actually the number one reason boards update their proprietary leas...

Send us Fan Mail In the era of Local Law 11 work, the access agreement has become so mundane that it usually doesn’t cause controversy. That isn’t true, though, for buildings facing a developer who wants to build a new building next door. Mark Hankin, partner at the law firm Hankin & Mazel , warns of proposed legislative changes that would favor developers by forcing buildings to accept perman...

Send us Fan Mail Intolerable behavior is everyone’s nightmare, and solving the problem first falls in the lap of a co-op or condo board. Often this is tossed to the building’s attorney or managing agent because the solution is painful, relentless and full of legal potholes. In this interview Justin Buchel, partner at Schneider Buchel , tackles what happens when objectionable conduct is addressed h...

Send us Fan Mail When a resident asks for an accommodation, the response may not be so straightforward. Your co-op or condo board will need to approach each request thoughtfully, legally and compassionately.  Daniel Finger, partner at the law firm Finger and Finger , offers crucial insights into determining what's "reasonable," avoiding potential discrimination complaints, and balan...

Send us Fan Mail Think your co-op board is powerless against holders of unsold shares? Think again. When sponsors dismiss safety concerns by claiming special privileges, boards actually have significant legal leverage. In this episode, Bruce Cholst, partner at the law firm Herrick Feinstein , reveals how to use the "covenant of good faith and fair dealing" doctrine that can protect your...

Send us Fan Mail Are you prepared when a resident claims their parakeet is an emotional support animal? Co-op and condo board members can't afford to mishandle service animal accommodation requests — one wrong move could trigger costly discrimination lawsuits and fines.  In this episode, Maria Boboris, a partner at Boyd Richards Parker Colonnelli , clarifies the crucial distinctions between s...

Send us Fan Mail David Berkey, partner at Gallet Dreyer & Berkey , joins Paula Chin of Habitat Magazine to discuss how co-op and condo boards can use injunctions to enforce rules and maintain community standards. Learn about the legal mechanisms boards can employ when default notices and fines fail, including compelling tenants to address issues like hoarding or dangerous behavior, and prevent...

Send us Fan Mail Volunteering for your building's board seems like a great way to serve your community — until you realize you might be personally liable for the board's decisions. Often overlooked are indemnification clauses, says Leni Morrison Cummins, member, Cozen O'Connor . This protection isn’t guaranteed and there are surprising "pitfalls" of indemnification clauses...

Send us Fan Mail Emily Myers of Habitat Magazine discusses bylaw governance with Carl Finger, principal at the law firm Finger and Finger . Finger outlines how bylaws serve as a corporate operations roadmap and explains the risks of improper adherence, from minor scheduling issues to major legal challenges. He highlights the business judgment rule's protection of board decisions—when bylaws a...

Send us Fan Mail In this informative Legal Talk episode, attorney Michael Savino of Braverman Greenspun shares with Habitat's Paula Chin essential guidance for co-op and condo board directors dealing with construction defects in new buildings. The conversation provides a clear roadmap for boards to protect their interests when issues arise after a sponsor hands over control. Savino explains t...

Send us Fan Mail Navigating building violations can be tricky for co-op and condo boards, especially when it comes to determining responsibility for corrections. In this enlightening discussion with attorney Brandon James of Borah Goldstein , board directors will learn crucial guidelines for managing violations effectively and avoiding costly mistakes. Habitat's Paula Chin conducts the interv...