Legal Talk for Co-ops and Condos

Send us Fan Mail What would happen if your co-op's proprietary lease didn't actually give your board the powers you've always assumed it had? That's not a hypothetical — it's exactly what happened to one New York co-op. Tracy Peterson, a principal at Braverman Greenspun , takes Carol Ott through a case where digging into a co-op's proprietary lease revealed a provisio...

Send us Fan Mail When a newly married couple applied to a Riverdale co-op with an emotional support animal request, their board faced a situation that most no-pet buildings aren't prepared for — and the fallout landed them before the Human Rights Commission. Eric Goidel, senior partner at Borah Goldstein Altschuler Nahins & Goidel , walks through the case step by step, explaining the unco...

Send us Fan Mail Dealing with a neighbor who stops paying maintenance is one of the most stressful situations a co-op building can face — and most people assume the only fix is a slow, expensive slog through housing court. Attorney Moshe Bobker, partner at Tane Waterman & Wurtzel , explains a little-known legal tool that's been quietly changing the way co-ops handle defaulting shareholder...

Send us Fan Mail When a Lower East Side condo board ran out of patience with a rule-breaking pet owner, they needed a solution that didn't involve a lengthy and expensive lawsuit. What their attorney found buried in their own governing documents surprised everyone — and ultimately stopped the problem in its tracks. In this episode, attorney Lloyd Reisman, partner at Belkin Burden Goldman , pu...

Send us Fan Mail If your co-op has holders of unsold shares — or you're not even sure what that means — listen up. David Fitzhenry, partner at Moritt Hock & Hamroff , breaks down everything boards need to know about these often-misunderstood shareholders and the special rights they carry. You'll learn why holders of unsold shares can bypass the standard alteration approval process, h...

Send us Fan Mail If your board has an attorney serving as a director — or if you're that attorney — this episode is essential. Stewart Wurtzel, member at Tane, Waterman & Wurtzel , walks through the real conflicts that arise when legal expertise meets board duty. He explains why letting your board's attorney review contracts instead of hiring outside counsel can leave everyone danger...

Send us Fan Mail What happens when a neighbor decides the person living below her is the enemy? In this episode, Emanuela Lupu, partner at Smith Buss and Jacobs , speaks about a case that unfolded over years — one involving hallway confrontations, elevator ambushes, and a dog weaponized on the sidewalk. It's a story that reveals just how much a board needs to get right long before a lawyer ev...

Send us Fan Mail Being a co-op board member comes with real legal responsibility — and most people don't realize that until it's too late. In this episode, attorney Ben Flavin, partner at Braverman Greenspun , breaks down the two fiduciary duties every board member is legally bound by: the duty of care and the duty of loyalty. Ben walks through exactly what diligence looks like when hiri...

Send us Fan Mail When a group of real estate investors decided to purchase a hundred sponsor-owned apartments spread across 28 different co-op and condo buildings — and close the entire deal in a single day — the legal challenges were unlike anything a typical real estate transaction demands. Andrew Freedland, partner at Herrick Feinstein , was the attorney who made it happen, and the lessons from...

Send us Fan Mail Somewhere in New York City, a condo board found itself staring down a problem with no easy solution — an owner they knew almost nothing about, hiding behind an LLC, and a situation that was quickly becoming every board's nightmare. Leni Cummins, partner at Cozen O'Connor , walks through exactly how that kind of scenario unfolds, and more importantly, what boards can do b...

Send us Fan Mail When a licensed cannabis dispensary tried to set up shop inside a primarily residential Manhattan condominium, the board found itself in an uncomfortable position: their bylaws, drafted decades earlier, simply hadn't anticipated this moment. The commercial unit owner had rights. The tenant had a potential license. And the board had far less leverage than they expected. In thi...

Send us Fan Mail When co-op and condo boards refuse to hold annual elections, shareholders aren't as powerless as they might think. Thomas Smith, partner at Smith Buss & Jacobs , walks through the legal and political strategies that organized residents use to force boards out of power, from Sunday night meetings in laundry rooms to a little-known provision in the Business Corporation Law...

Send us Fan Mail Most co-op and condo boards are operating with bylaws that haven't been touched since the Nixon administration. Dean Roberts, senior partner at Norris McLaughlin , reveals how outdated bylaws create real legal vulnerabilities for boards, from impossible quorum requirements that can lead to an entire board being ousted, to missing provisions for dealing with disruptive directo...

Send us Fan Mail The Dakota, a historic co-op on Manhattan’s Upper West Side, won their case — spending $2.4 million in legal fees defending themselves against a shareholder’s charge of discrimination. And then the court said they couldn’t collect a dime in legal fees. William McCracken, partner at Moritt Hock & Hamroff , walks through this head-spinning case, explaining how a seemingly minor...

Send us Fan Mail Co-op and condo boards often move too quickly when hiring contractors, which can lead to problems later on. Contractor-written proposals can lack board protections like indemnification and the ability to recover attorney's fees. Signing these inadequate contracts can leave a board trapped with a contractor doing subpar work — or just not showing up. In this episode, J. David...

Send us Fan Mail A condo board let an arrears situation drag on for years, convinced they had no chance of recovering delinquent common charges against an owner with massive tax and mortgage debts. They were wrong. Eric Goldberg, partner at Kahn & Goldberg , reveals how a stroke of luck involving a 60-day window between the board and the IRS filing liens completely changed their outcome. Goldb...

Send us Fan Mail When buildings need to place scaffolding on a neighbor's roof or temporarily close off a courtyard, some owners see dollar signs, while others face project-killing delays. As a result, the space between New York City buildings has become a surprisingly lucrative battleground. Dani Schwartz, partner at Offit Kurman , explains why neighboring access disputes have exploded over...

Send us Fan Mail That dry cleaner or restaurant on your building's ground floor might seem like a simple revenue stream, but the dynamics behind managing commercial tenants are surprisingly complex. Christopher Tumulty, partner at Smith, Gambrell & Russell , explains the different challenges commercial tenants bring depending whether they are in a co-op or condo, and what board directors...

Send us Fan Mail A $30,000 water leak becomes a $300,000 nightmare — all because a board waited too long to act. Ian Brandt, partner at Davidoff Hutcher & Citron , exposes the surprising traps that leave buildings with massive repair bills when disaster strikes. He reveals why insurance companies are denying claims that used to be automatic approvals, including one jaw-dropping case involving...

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...