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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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Yellowstone Injunctions: The Legal Power Move Your Board Needs to Know
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Send 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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Send us a text Serving on your co-op or condo board can be a terrific experience, but it can turn into a personal nightmare if you or your board acts improperly. There are many legal protections, however, and Geoffrey Mazel, partner at Hankin & Mazel, provides an overview of what they are and the precautions you need to take. Habitat’s Emily Myers …
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When Are Board Decisions Protected And Why Should You Care
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Send 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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Send 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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Send 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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Send 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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Send 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
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Send 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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Send 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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Send 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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Send 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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