Legal Talk for Co-ops and Condos

Send us Fan Mail When a commercial tenant becomes problematic — whether falling behind in rent, not performing repairs or some other infraction of their lease — co-op and condo boards need to act. In this episode Moshe Bobker, partner at Tane Waterman & Wurtzel , explains what the Yellowstone Injunction is and how this critical legal tool can both protect and challenge commercial tenants in NY...

Send us Fan Mail Serving on your board means making decisions that impact your entire community — without getting paid. But are you personally protected when things go wrong? Geoffrey Mazel, partner at Hankin & Mazel , provides an overview the multiple layers of legal protection available to volunteer board members while highlighting exactly when these shields disappear, potentially leaving yo...

Send us Fan Mail Peter Massa, Partner, Armstrong Teasdale, is interviewed by Habitat Magazine's Bill Morris. A legal landmark. The business judgment rule has been around in corporate law for a long time. The theory is that board decisions will not be second-guessed by the courts — provided they’re made in furtherance of the corporation's legitimate interest and in accordance with the rec...

Send us Fan Mail Leni Morrison Cummins, Partner, Cozen O’Connor, is interviewed by Habitat Magazine's Carol Ott. It all starts when sponsors decide how they’re going to allocate expenses between the residential and commercial portions of the building. Real Property Law 339M gives sponsors the ability to allocate expenses based on something other than a percentage of common interest. When a sp...

Send us Fan Mail Benjamin Flavin, Partner, Braverman Greenspun , is interviewed by Habitat Magazine's Carol Ott. Lessons for Co-op & Condo Board Directors The benefits . HDFC co-ops were created to provide affordable housing for people who may not otherwise be able to enter the New York City real estate market. There are also certain tax benefits that lower the cost of owning an HDFC apar...

Send us Fan Mail Lessons for co-op and condo board directors Evan Richman, Partner, Fleischner Potash is interviewed by Habitat Magazine's Carol Ott. What happened. In 2021 there was a disputed board election between two slates of candidates at a Port Chester condominium.  Right before the election, the board issued a notice to all residents in the building letting them know that this meeting...

Send us Fan Mail Christopher M. Tumulty, Partner, Fox Rothschild , is interviewed by Habitat Magazine's Bill Morris. Lessons for Co-op & Condo Board Directors First line of defense. Boards need a first line of defense when shareholders or unit-owners want to renovate or combine apartments. The best way to do that is to have an alteration agreement in place before the work starts. This is...

Send us Fan Mail Dean Roberts, Member, Norris McLaughlin , is interviewed by Habitat magazine’s Carol Ott. Lessons for Co-op & Condo Board Directors Duty to maintain confidentiality. If a board member is disclosing confidential information about a shareholder and that causes some harm or damage, in theory, the board has exposure because it failed to do its duty to maintain confidentiality. Or...

Send us Fan Mail Justin Buchel, partner, Schneider Buchel , is interviewed by Habitat magazine’s Paula Chin. Lesson for co-op/condo board directors: Burning issue:  A unit-owner at a condo had a fire pit on the balcony, and people were up in arms — and scared — because there had been a recent fire at the condo. The board started legal action, but the unit-owner pushed back, saying fire pits weren’...

Send us Fan Mail Stewart Wurtzel, partner, Tane Waterman & Wurtzel , is interviewed by Habitat magazine’s Bill Morris. Lessons for co-op/condo board directors: Fat fees . If you’re thinking about going to court, don’t base the decision on whether you're going to recover legal fees, because even if you’re entitled, there are a lot of questions. The fight over legal fees often can overtake...

Send us Fan Mail Andrew Brucker, partner, Armstrong Teasdale , is interviewed by Habitat Magazine’s Carol Ott. Board lessons to learn: For minor changes. If it’s just an amendment, send out a short one- or two-page replication of what was changed, and say, “Please staple this to your proprietary lease.” You have to do this because if you ever end up taking a shareholder to court for violating this...

Send us Fan Mail Moshe Bobker, partner, Tane Waterman & Wurtzel, is interviewed by Habitat magazine’s Paula Chin. Board lessons to learn: -The backstory. An elderly shareholder was causing safety and nuisance issues with her hoarding, and neighbors were complaining about odors and infestation. The board tried to resolve the issue by having the super help her clear things out. But after making...

Send us Fan Mail Ingrid Manevitz, a partner at Seyfarth Shaw , is interviewed by Habitat Magazine's Carol Ott. What it is . Typically in many condominium buildings, the right of first refusal works like this: when a unit-owner goes to sell or lease their unit they provide a copy of the fully executed lease or fully executed contract of sale to the board, usually by certified mail. The board h...

Send us Fan Mail Steven Sladkus, partner, Schwartz Sladkus Reich Greenberg Atlas , is interviewed by Habitat Magazine's Carol Ott. Board lessons to learn: Get involved .  If there are complaints being made by neighbors, the board has a fiduciary duty to all shareholders to make sure they can peaceably enjoy their apartments. So when a dog is barking and it's bothering the use and occupan...