Legal Talk for Co-ops and Condos

Jun 21 2023 7 mins 2

Legal Talk for Co-ops and Condos Podcast artwork

Co-op and condo board directors face a myriad of challenges they are not equipped to solve, and taking action can be a fraught experience. In this series, Habitat Magazine editors interview New York's leading co-op/condo attorneys for guidance on these challenges. Habitat, a New York City publication founded in 1982, is edited for co-op and condo board directors, property managers, and other professionals.

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When Are Board Decisions Protected And Why Should You Care

Jun 21 2023 7 mins

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 recommendat

What's Up With Expense Allocations In Mixed-Use Condominiums?

Jun 07 2023 9 mins

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 spons

The Benefits of HDFC Co-ops Come With Lots of Oversight

May 17 2023 7 mins

Benjamin Flavin, Partner, Braverman Greenspun, is interviewed by Habitat Magazine's Carol Ott.Lessons for Co-op & Condo Board DirectorsThe 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 apartment.The

Board Elections: Who, Actually, Is Virtually Voting?

May 03 2023 8 mins

Lessons for co-op and condo board directorsEvan 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 was goin

Yikes! Your Alteration Is Now Our Problem

Apr 19 2023 7 mins

Christopher M. Tumulty, Partner, Fox Rothschild, is interviewed by Habitat Magazine's Bill Morris.Lessons for Co-op & Condo Board DirectorsFirst 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 important

How To Deal With Board Members Who Disclose Confidential Information

Apr 06 2023 9 mins

Dean Roberts, Member, Norris McLaughlin, is interviewed by Habitat magazine’s Carol Ott.Lessons for Co-op & Condo Board DirectorsDuty 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 sa

Recovering Legal Fees May Be Harder Than You Think

Mar 07 2023 4 mins

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 th

Before Attempting Bylaw Amendments, Count Your Votes

Mar 07 2023 8 mins

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

For Co-ops: How To Distribute Proprietary Lease Changes

Feb 14 2023 9 mins

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

The Hoarder Challenge

Jan 12 2023 5 mins

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 s