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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Protecting Your Building from Renovation Nightmares
12:39
12:39
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12:39Send us a text 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 indefinite…
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Smart Strategies for Managing Smoking in Your Building
14:11
14:11
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14:11Send us a text 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 …
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From Arrears to Foreclosure, Collection Strategies That Work
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14:59Send us a text 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 …
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When the Business Judgment Rule Works — and When It Doesn't
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16:43Send us a text 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 Borah, Goldstein, Altschuler, Nahins & Goidel, reveals crucial limitations to that protection, including five key areas where boards mistakenly believe they're shi…
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Drawing the Line: Who Pays When Your Co-op or Condo Breaks?
16:49
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16:49Send us a text 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 u…
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David vs. Developer: Protecting Your Property Rights
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14:03Send us a text 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 devel…
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The Eviction Playbook: How Boards Can Legally Handle Problematic Residents
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16:20Send us a text 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 ha…
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Send us a text 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 discr…
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The Secret Weapon Against Difficult Sponsors
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9:39Send us a text 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 dea…
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Send us a text 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, cla…
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Injunctions: A Powerful Tool for Co-op and Condo Boards
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12:57Send us a text 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 …
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Serving on Your Board? The Liability Trap No One Warned You About
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12:41Send us a text 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 ind…
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Send us a text 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 p…
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Defects After Move-In: How Boards Can Hold Sponsors Accountable
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20:30Send us a text 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 sp…
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The $300,000 Mistake: How Boards Can Avoid a Violation Crisis
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17:58Send us a text 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…
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When Time Runs Out: Protecting Your Building's Legal Claims Before It's Too Late
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14:31Send us a text In this episode of Legal Talk, Jennifer Stewart, a partner at the law firm Smith Buss and Jacobs, explains to Habitat's Emily Myers how critical the importance of understanding statutes of limitations for co-op and condo board directors is. The discussion reveals how timing can make or break a board's ability to pursue legal claims o…
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Beyond "No": The Smart Board's Guide to Handling Document Requests
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16:23Send us a text Tracy Peterson, a partner at the law firm Braverman Greenspun, joins Habitat's Paula Chin for an essential discussion on how co-op and condo boards should handle resident requests for information and documents about fellow residents. Peterson draws from her extensive experience to explain when boards must share information, what they…
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Hidden Traps in Pet Policies: A Warning to Boards
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13:35Send us a text Enforcing pet policies in co-ops and condos can feel like walking through a legal minefield. From tight enforcement deadlines to complex accommodations for service and emotional support animals, board directors face high-stakes decisions that could lead to costly litigation if mishandled. Attorney Kenneth Finger, a member of the law …
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When Good Neighbors Go Bad: A Board Director's Guide to Nuisance Claims
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13:48Send us a text Living in close quarters with neighbors who blast music at 3 AM, cook pungent meals, or hoard items can turn apartment living into a nightmare. But when do everyday annoyances cross the line into legal nuisances, and how should co-op and condo boards respond? Stewart Wurtzel, member of Tane Waterman & Wurtzel, offers practical guidan…
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Squawking Their Way to Federal Court: The $800K Emotional Support Parrot Case
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16:07Send us a text Mishandling anything to do with emotional support pets can have huge financial consequences. The Rutherford, a New York City co-op, recently learned that the hard way when a resident's noisy emotional support birds caused neighbor complaints. The board acted improperly and Attorney William McCracken, partner at Moritt Hock & Hamroff,…
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When Grandma Wants to Add Junior: Navigating Co-op Stock Transfers
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15:31Send us a text One would think it would be easy to add a family member to a co-op stock certificate, but you can’t "just add a name." For boards, it requires careful consideration of multiple factors, including transfer taxes, flip tax implications, and the financial viability of new shareholders. Matthew Goldberg, partner at Hankin & Mazel, explai…
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Yellowstone Injunctions: The Legal Power Move Your Board Needs to Know
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13:04Send us a text 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 pro…
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Personal Liability While Serving On Your Board
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13:25
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13:25Send us a text 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 thes…
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When Are Board Decisions Protected And Why Should You Care
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7:16Send us a text 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 i…
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What's Up With Expense Allocations In Mixed-Use Condominiums?
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9:18Send us a text 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…
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The Benefits of HDFC Co-ops Come With Lots of Oversight
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7:37Send us a text 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 …
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Board Elections: Who, Actually, Is Virtually Voting?
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8:06Send us a text 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 bu…
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Send us a text 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 …
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How To Deal With Board Members Who Disclose Confidential Information
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9:11Send us a text 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 d…
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Before Attempting Bylaw Amendments, Count Your Votes
8:34
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8:34Send us a text 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 u…
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Recovering Legal Fees May Be Harder Than You Think
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4:52Send us a text 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 figh…
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For Co-ops: How To Distribute Proprietary Lease Changes
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9:56Send us a text 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 t…
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Send us a text 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 …
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How the Right of First Refusal Works In A Condo
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7:40Send us a text 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 boar…
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Send us a text 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…
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