Legal Talk: Recent Episodes

Legal Talk

Podcast by Legal Talk

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Falling behind on monthly fees might seem like a minor headache, but it can spiral into years of complications, mounting costs, and serious tension between neighbors. Carl Finger, principal at Finger & Finger, breaks down what actually happens behind the scenes when a resident stops paying, and why some boards handle it with ease while others watch a small problem snowball. He shares a case involving an elderly shareholder that shows just how complicated things can get when a board waits too long to act, plus the surprising legal tools available to condo boards that co-ops simply don't have. Finger also gets into the murky question of whether a board can restrict amenities like parking or the pool, and why that strategy usually backfires. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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When one shareholder wants out and the other wants to stay, the fallout doesn't just involve the two of them, it lands squarely on the board's desk. Matthew Goldberg, partner at Hankin & Mazel, walks through a real case involving an unmarried couple who bought a co-op together, only to face a breakup that turned into a stock transfer, a lender negotiation, and a financial review most boards wouldn't see coming. He breaks down what boards are actually responsible for reviewing when ownership changes hands and what can happen when an agreement falls apart entirely. Goldberg offers real lessons for any board that assumes a breakup, divorce, or ownership change is simply a private matter. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 provision so unexpected that it had escaped notice — by attorneys, managing agents, and board members alike — for more than 40 years. She breaks down what the board found, how they handled the fallout, and what every board member should take away: read your governing documents, because the surprises are in there. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 unconventional strategy he recommended and why it matters for any board navigating ESA requests. The lesson here isn't just about pets — it's about documentation, process, and knowing where the real legal exposure lives before a complaint ever gets filed. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 shareholders. It's faster, cheaper, and in many cases far more effective than anything a courtroom can offer. Bobker draws on real cases to explain how this strategy shifts the pressure in ways that get people to the table quickly — and why it's been gaining serious traction since the COVID era exposed just how broken the traditional process really is. Habitat's Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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, pulls back the curtain on why so many building rules are essentially unenforceable — and what happens when boards find that out the hard way. He explains what residents can expect when buildings haven't updated their documents in years, and the practical steps that separate buildings that can act from those stuck waiting on a judge. Habitat's Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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, how they can claim a board seat, and why their presence could affect your building's financing options. Fitzhenry also shares practical advice on maintaining a productive relationship with them, which can ultimately benefit the entire building. Whether you're dealing with one right now or just want to be prepared, this conversation gives you the legal grounding and real-world perspective to handle the situation confidently. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 dangerously uninsured, how to voice a legal opinion without it becoming legal advice, and why diplomacy is everything. His practical framework for drawing boundaries without drawing battle lines is something every board member needs to hear. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 ever gets involved, and how one early misstep can force everyone to keep living with the problem longer than they should. Lupu also walks through a separate case with a twist ending that left a co-op holding a bill they thought they'd earned the right to collect. Habitat's Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 hiring contractors, why rejecting a sale based on price can land your board in court, and how conflicts of interest — from brokers to contractors sitting on the board — need to be handled. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 that deal extend far beyond one extraordinary closing. In this episode, Freedland unpacks how large-scale sponsor transactions actually work, what boards can expect when ownership of unsold shares suddenly changes hands, and why the arrival of a new investor isn't necessarily bad news. Whether your building has one sponsor unit or fifty, understanding how these deals come together — and what they mean for everyone else in the building — is knowledge worth having. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 before they ever find themselves in the same position. The conversation traces the issue from the moment an application lands on a managing agent's desk all the way to the moment a board realizes its options have nearly run out. What Cummins lays out is a practical framework that any condo board can adopt — without a bylaw amendment or a legal battle. If your building hasn't thought about this yet, it probably should. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 this episode, Jennifer Miller, managing partner at J. Miller Law, talks about how this dispute unfolded and what it exposed about the way mixed-use buildings are governed. The case raises questions that apply well beyond cannabis — about what happens when the document running your building was written in a completely different era, and what realistic options boards actually have when they want to push back. The answer involves more creativity, negotiation, and luck than most people would expect. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 that doesn't even require a quorum. You'll discover why lawyers require shareholders to put money on the table before taking their case, when courts will intervene immediately, and how one year-long grassroots campaign in the Bronx ultimately exposed fraud and overthrew an entrenched sponsor. Whether you're watching your own building's dynamics or just fascinated by co-op politics, this episode illuminates how power shifts when residents finally organize. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 directors. In this episode, Roberts explains why many buildings are particularly vulnerable right now, what warning signs boards miss, and the specific provisions that could prevent disaster. The takeaway? Small preventive steps today can save buildings from dramatic upheaval tomorrow. Habitat’s Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 amendment to the building's proprietary lease unraveled everything. McCracken reveals which buildings might face the same problem and what boards should be asking their attorneys right now. It's a cautionary tale about the hidden risks lurking in legal documents that seemed perfectly fine for decades. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 Eldridge, partner at Taylor Eldridge & Endres, walks through how this can happen, and what it could cost your building to escape. He reveals the warning signs boards miss and why even routine renewals deserve careful scrutiny. If you've ever wondered whether spending money on legal review is worth it, Eldridge’s real-world examples make the case crystal clear. Habitat’s Paula Chin conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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. Goldberg shares the details. Condo foreclosures are high-stakes — and timing can mean the difference between recovering everything and losing it all. Habitat’s Paula Chin conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 the past 15 years, and reveals the high-stakes negotiations happening right above your head. Schwartz walks through the delicate process of these negotiations, from the initial letter that can make or break a relationship to the courtroom showdowns that follow when talks collapse. With real examples ranging from modest rooftop access to a swimming pool standoff, this conversation exposes the hidden tensions built into New York's densely packed real estate and the creative strategies that sometimes prevent all-out war. Habitat's Paula Chin conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 should understand about their power in each circumstance. For co-ops, in particular, boards need to be an active manager of the commercial tenant while condo boards, spared that task, must remain vigilant. Habitat’s Paula Chin conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 nothing more than an overflowing sink. Brandt shares real cases where boards made costly mistakes that could have been avoided and explains how a legal principle most people have never heard of creates unexpected liability. Habitat's Emily Myers conducts the interview

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 concessions, handling broker commissions, and funding upfront renovation costs when building reserves are low. Habitat’s Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 and discover the surprising gap between what boards think they have and what they actually need. From apartment alterations to major renovations, this episode gives you actionable strategies to ensure your building doesn't end up holding the bag when accidents happen. Habitat’s Carol Ottconducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 requesters with hidden agendas, to legitimate residents seeking information, Gitter explains how smart boards protect sensitive data while staying compliant. You'll learn surprising tactics for reducing these demands and discover legal tools most boards don't know they have. If you've ever wondered where to draw the line between transparency and privacy, this conversation is essential. Habitat's Carol Ott conducts the interview.

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The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 months of conflict.

Sigmond discusses the fine line between reasonable oversight and overreach, plus reveals her three key takeaways for boards navigating alterations in today's changing regulatory landscape. Whether you're dealing with construction defects, climate law requirements, or just trying to set fair policies, this conversation offers insights that could help your board avoid serious legal trouble down the road. Habitat's Paula Chin conducts the interview.

ProSentry’s Smart Platform has alerted buildings to over 6,000 water events, saving millions in avoided damage and lowered insurance premiums. Don’t wait! Get your customized quote before budget season at info@prosentry.com or prosentry.com/contact.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 a nightmare scenario where the board became "defenseless" in court, despite following professional advice from their attorney, managing agent, and engineers. This extraordinary case offers crucial lessons every board member must understand about fiduciary duty, the business judgment rule's limits, and protecting yourself when decisions go wrong. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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. You'll discover practical strategies for investigating complaints, working with uncooperative residents, and implementing rules that put responsibility squarely on smokers to prevent odor migration. Whether you're dealing with traditional cigarettes or medical marijuana complaints, this conversation gives you the roadmap to protect both your residents and your board from expensive legal battles while finding solutions that actually work. Habitat's Paula Chin conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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Every board will have to deal with residents in arrears at some point. But in this conversation, Marc Schneider, managing partner and CEO at the law firm Schneider Buchel, reveals why waiting even 45 days to pursue collections can devastate your building's finances. Schneider explains how communities with 20% arrears can still survive, the legal loopholes that give co-ops massive advantages over condos, and why your governing documents might be costing you thousands in uncollected legal fees. Whether you're dealing with habitual late payers or facing your first major arrears crisis, this episode delivers the insider knowledge you need to protect your community's financial health and stop subsidizing non-paying residents with your own money. Habitat's Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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It’s too easy for the complex world of co-op ownership transfers to become a costly headache. Attorney Aaron Shmulewitz, partner at the law firm, Belkin Burden and Goldman, breaks down the three main types of co-op ownership and explains why shareholders increasingly want to transfer apartments into trusts and LLCs for estate planning benefits. In this interview, you'll discover how to handle messy divorce situations where spouses try to lock each other out, when building staff must enforce court orders, and how some transfer requests can lead to discrimination lawsuits.

Most importantly, learn about conditional consent agreements that can protect your co-op financially while still accommodating shareholders' estate-planning needs. Shmulewitz explains how boards can avoid legal pitfalls, which can help boards make informed decisions that protect both individual owners and the cooperative as a whole. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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If you're facing a major renovation, some crucial information could save you thousands of dollars and months of headaches. Attorney Lisa Radetsky, partner at the law firm Phillips Nizer, reveals why standard construction contracts are stacked against building owners, and how New York's recent retainage law changes have made protecting your building even trickier.

Learn the hidden pitfalls of change orders that always increase costs, never decrease them, and learn why facade projects almost inevitably require expensive modifications. Radetsky explains the critical insurance requirements that most boards overlook, including New York's unique Scaffolding Law that makes building owners liable for contractor mistakes. She also shares practical strategies for keeping projects on schedule, from financial penalties to completion bonuses. Habitat's Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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If you’re struggling with unit owners who aren't paying maintenance or common charges, you're not alone. Attorney Maria Beltrani, partner at Schwartz Sladkus Reich Greenberg and Atlas, reveals game-changing pre-litigation strategies that can get you paid faster — and for less than going to court.

Discover how to legally redirect subtenant rent payments directly to your board, which can clear arrears in just months. Learn how to file liens and send copies to delinquent owners, plus how suspending amenities creates real pressure without major legal costs.

Beltrani also explains the circumstances under which co-op boards can successfully demand payment from unit owners' mortgage lenders, and why quick action is crucial before arrears become nearly impossible to collect. Whether you're dealing with your first delinquency or chronic non-payers, these proven tactics could save your building thousands in legal fees. Habitat’s Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 indefinitely.

She explains the three most dangerous pitfalls that blindside even experienced boards: a never-ending renovation that lasts years because of one missing date; unauthorized work that proceeds without proper permits while everyone looks the other way; and the maintenance disasters that can fall through the cracks when apartments change hands. You'll learn exactly why violations end up hitting your building instead of negligent owners, and how poor record-keeping can leave you defensively scrambling to prove who's responsible for what.

Most importantly, get practical strategies for bulletproofing your alteration process, from mandatory check-ins with reviewing architects to creating ironclad electronic filing systems that survive management company changes. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 offers effective strategies for addressing violations without costly court battles. Whether you're dealing with tobacco odors seeping through vents or marijuana smoke wafting from terraces, this episode provides the toolkit you need to craft solutions that protect health concerns while respecting personal freedoms. Habitat’s Paula Chin conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 communicating policies to residents, and when to escalate to legal action. Plus, learn exactly what factors to analyze and realistic timelines compared to bank foreclosures. With arrears management being crucial to community financial health, these time-tested strategies will help you maintain your building's solvency while navigating sensitive owner situations. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 shielded but aren't. He explains real-world examples of when courts upheld the rule and when they didn't, including a case about balcony enclosures where the same judge ruled differently on nearly identical situations. And most importantly, understand when your D&O insurance will defend you versus when it won't pay out. Habitat's Paula Chin conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 update their proprietary leases. Learn how to establish clear policies regarding problematic areas like radiator valves, fireplaces, and tiles, and how to avoid the costly consequences of inconsistent decisions. Whether you're already dealing with an aging building or preemptively considering updating your documents, this episode provides the knowledge you need to protect your building from unexpected financial liability. Habitat's Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 developers by forcing buildings to accept permanent underpinning without fair compensation and potentially eliminating legal fee reimbursement for affected buildings. These changes could weaken a boards' ability to protect their buildings and get fair payment during neighboring construction, putting smaller properties at a disadvantage. Habitat’s Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 happens when objectionable conduct is addressed head on. From documenting evidence and issuing formal notices to conducting proper hearings and potential lease termination, he outlines the legal pathway that protects boards while addressing problematic residents. Habitat’s Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 discrimination complaints, and balancing the needs of all residents. His conversation with Habitat's Emily Myers covers everything from elevator installations to emotional support animals, emphasizing the importance of an interactive, case-by-case approach. Whether you're dealing with visible or invisible disabilities, this episode provides practical strategies to navigate complex accommodation requests while protecting your board's interests and supporting your community's diverse needs.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 dealing" doctrine that can protect your building even when sponsors are technically exempt from rules. Habitat’s Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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, clarifies the crucial distinctions between service animals and emotional support animals in NYC. Learn exactly when you can request documentation and when you legally cannot. Habitat’s Paula Chin conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 hoarding or dangerous behavior, and preventing unauthorized activities that threaten building safety and community harmony.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 indemnification clauses that leave board members vulnerable, particularly in condominiums where protection isn't built into law as it is (partially) for cooperatives. In this interview, conducted by Habitat’s Carol Ott, Cummins highlights several alarming gaps in typical indemnification language.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 protection of board decisions—when bylaws are followed—and shares insights from the Cohan v. Board of Directors case. Finger advises boards to stay familiar with bylaws, consult legal professionals on complex matters, and focus on updating house rules for daily governance.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 sponsor hands over control.

Savino explains that while minor problems can often be addressed through punch lists, major defects—particularly in building systems like plumbing and facades—require swift and methodical action. He emphasizes that these issues can be both costly and potentially dangerous to residents and passersby if left unaddressed.

Key takeaways for board directors:

• Act quickly and document everything: Survey unit owners about problems, save all communications, and notify the sponsor early, as there's a six-year statute of limitations from the first unit sale to file claims.

• Hire the right experts: Engage an appropriately sized engineering or architectural firm to conduct a thorough building assessment and provide detailed documentation of all defects—this initial investment will prove valuable in negotiations or litigation.

• Understand your options: Before pursuing litigation, explore whether the sponsor will cooperate through direct negotiation or a tolling agreement. If litigation becomes necessary, ensure the sponsor entity has assets to pay for repairs.

• Consider costs carefully: While violation fines and repair costs may be recoverable, legal fees typically aren't unless specifically provided for in the offering plan. Statutory interest of 9% can accrue on claims during litigation.

The episode underscores that proper due diligence and documentation are crucial for boards to successfully address construction defects and protect their buildings' long-term interests.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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. Habitat's Paula Chin conducts the interview.

James breaks down the fundamental "rule of thumb" - unit owners and shareholders are typically responsible for conditions inside their apartments, while boards handle common area issues. However, there are important exceptions, such as lead paint violations and problems stemming from common area issues like facade leaks causing interior mold.

Key takeaways:
• Even when violations are the unit owner's responsibility, notices typically go to the building first - making it critical for boards to promptly notify and follow up with residents responsible for corrections

• Failing to monitor and address violations can have severe consequences, including massive financial penalties, difficulty refinancing, and damage to the building's reputation - one example cited showed a 25-unit building that accumulated over $300,000 in violation penalties

• During refinancing, most lenders require buildings to cure outstanding violations within six months of closing, putting boards under pressure to resolve backlogged issues quickly

• Boards can generally recover violation-related costs from responsible unit owners through indemnification clauses, but this becomes much more difficult if too much time passes between the violation and enforcement

The episode emphasizes that proactive monitoring and prompt attention to violations, even minor ones, is essential for maintaining both building safety and financial health. Letting violations accumulate can create a snowball effect that impacts everything from property values to residents' quality of life.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 or defend against them.

Stewart emphasizes that proactive planning and early legal consultation are essential for protecting a building's interests. Through real-world examples, she illustrates how different types of claims have varying time limits – from one-year warranty claims to six-year breach of contract windows. She shares particularly sobering stories of boards who waited too long to act, leading to costly and complicated legal battles that could have been avoided with earlier intervention.

Key takeaways for board directors:

Different claims have different deadlines: Construction defects might involve multiple time limits – one year for warranties, three years for professional malpractice, and six years for breach of contract claims.
Corporate action challenges (like disputed elections or new house rules) have a surprisingly short four-month statute of limitations for shareholders or unit owners to file suit.
While there are creative legal strategies to extend deadlines (like tolling or fraud claims), these approaches are more expensive and complex than acting within the original time frame.
A quick consultation with counsel when issues first arise – even before deciding to pursue legal action – helps boards understand their timeline for making decisions and preserving their rights.

Stewart's practical advice boils down to a simple principle: when in doubt about potential claims, have a brief conversation with counsel early on. This small step can save boards significant headaches and legal expenses down the road.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 can protect, and how to avoid unnecessary litigation.

Board directors will gain practical insights into:

The broad rights shareholders and unit owners have to access building records and documents, particularly during election seasons when candidates need to communicate with fellow residents
How boards can protect sensitive information by using confidentiality agreements, which most requesting parties are willing to sign
Why boards should proactively survey residents annually about their preferences for sharing contact information, creating clear guidelines before requests arise
The importance of the "good faith" requirement - boards can deny requests that appear to be fishing expeditions without specific purposes, but should consult counsel before doing so

Peterson emphasizes that boards often make the mistake of immediately denying information requests, which can create adversarial relationships and lead to lawsuits. Instead, she recommends consulting with legal counsel to understand what must be shared under the Business Corporation Law, which applies to both co-ops and condos. With proper guidance and the strategic use of confidentiality agreements, boards can maintain transparency while protecting resident privacy.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 firm Finger & Finger, offers board directors essential insights into navigating the complex intersection of pet policies and legal requirements in New York co-ops and condos. The conversation reveals critical timing requirements for enforcing no-pet policies and explores the nuanced landscape of service animals and emotional support animals (ESAs). Habitat's Emily Myers conducts the interview.

Key takeaways for board directors:

The 90-day rule is absolute: Boards must take court action within 90 days of discovering an unauthorized pet, or they permanently waive their right to enforce the no-pet policy for that animal's lifetime.
Service animals vs. ESAs have different standards: While service dogs (which must be specially trained) cannot be refused, emotional support animals require more documentation but can be any species. However, boards cannot restrict size or breed in either case.
Documentation requirements for ESAs should be thorough: Boards can request vaccination records, licensing, and legitimate medical documentation. They can challenge questionable medical certifications but should be prepared for potential human rights complaints.
Enforcement carries financial risks: Challenging ESA requests can lead to expensive litigation, insurance complications, and potential damages if the board loses. Boards must carefully weigh these costs against enforcement benefits.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 guidance on investigating complaints, understanding legal standards, and protecting both resident rights and building harmony – before matters escalate into lawsuits. Habitat’s Emily Myers conducts the interview.

Key takeaways for board directors:

The legal threshold for "nuisance" requires persistent, egregious conduct that threatens health, safety, or comfort - not just occasional annoyances. Normal city living sounds like television at regular volume or footsteps are generally not considered unreasonable.
Boards have a duty to investigate complaints but must balance this obligation carefully. Simply accepting complaints at face value and sending warning letters without investigation can create unnecessary conflicts between residents.
Documentation is crucial - encourage complainants to maintain detailed logs of disturbances, including timing, frequency, and duration. Multiple complaints from different residents typically carry more weight than isolated complaints.
When pursuing legal action, boards must ensure complaining residents are willing to testify in court. Without their cooperation, the board risks losing the case and potentially being responsible for the defendant's legal fees.
Different remedies exist for co-ops versus condos: co-ops can pursue eviction proceedings, while condos must seek injunctive relief through Supreme Court. However, the underlying analysis of what constitutes a nuisance remains largely the same.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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, breaks down what happened, how the board could have avoided this costly mistake, and the lessons to be learned. Habitat's Carol Ott conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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, explains how boards should evaluate cases where incoming family members lack strong finances, such as recent graduates being added to elderly relatives' shares, and outlines the legal requirements and NYC filings necessary to protect the co-op's interests. Habitat’s Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 NYC buildings. Learn how this Supreme Court proceeding works, when it applies, and most importantly, how boards can strategically use it to their advantage when dealing with problematic commercial tenants.

Key highlights:

The four essential elements required for a Yellowstone Injunction
Why timing is crucial: tenants must file before the cure period expires
Strategic considerations for boards choosing between non-payment proceedings and holdover cases
Common resolution paths, from early negotiation to full litigation
Expert tips for boards to maintain leverage in commercial tenant disputes

Whether you're currently facing commercial tenant issues or want to be prepared for future challenges, this episode provides valuable insights for protecting your building's interests. Habitat's Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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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 you exposed. Most importantly, you'll learn when to consult legal counsel before making decisions that could trigger personal liability. Habitat’s Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 recommendation of the corporation’s professionals and the governing documents.
It’s not failsafe. The caveat here is you generally don't have business judgment rule protection if you're acting in bad faith, outside of the board's authority and against what your governing documents say, or if you’re not following the advice of your professionals.
Case in point. I represented a condominium that had fireplaces in the apartments. When it was discovered that the chimneys weren't properly lined and fireproofed, engineers told the board it had to get this done because it’s a life-safety issue. The board was facing potential litigation on two fronts — one group didn’t want to spend the money because the fireplaces had never been a problem, and another group threatened to sue if the board did this because it was going to be a big assessment.
What should the board do. The board should rely on the advice of the engineers. If someone sued, the board’s decision would be upheld because of the business judgment rule. While that case didn't go to litigation, that's how it would be applied. If you can show in court that you were trying to do what was best for the corporation or condominium — even if it was wrong — courts generally will grant you broad leeway.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 sponsor is looking to market their building, they want to keep the allocation of expenses for the commercial units down. So they’ll keep an eye toward minimizing the common expenses.

Expenses go up over the years, but a board doesn’t typically have the authority to change an allocation of expense methodology without commercial unit-owner consent. And if the commercial unit-owner decides it doesn’t want to pay more, fair or not, it can refuse.

Can a true-up fix things? It depends. A true-up is an accounting of the difference between what a board budgets for the year ahead and the actual expenses at the end of that year. The bylaws will determine whether a board can legally true-up. If they say common expenses are allocated and charged based on actual expenses, it can. But if the bylaws simply discuss creating common charges based on a budget, then a true-up isn’t necessary. In practice, though, many condos true-up even if it’s not contained in the bylaws because their accountants direct them to do so.

Just make sure your managing agent understands the prescribed allocation methodology and how it’s applied. If you do see something completely out of whack, approach the commercial unit-owners and see if they will agree to something more reasonable. If not, you’re stuck with what the bylaws say.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 apartment.
The regulatory agreement. Most modern HDFCs have a regulatory agreement with New York City that outlines the financial regulations they’re subject to. I think this can be very difficult for boards because sometimes the agreements are not very clear.
Take flip taxes, for example. These are often determined when the HDFC was created. Many modern HDFCs have a 70/30 flip-tax ratio — 30% of the sale’s profit goes to the HDFC, and 70% goes to the shareholder. But older HDFCs have a 60/40 flip tax, where 40% of the profit goes back to the city, and the shareholder gets 60%. The HDFC is totally left out of the mix.
Where to locate documents. Many of the documents, like the co-op’s certificate of incorporation, can be obtained from the state. Things like the deed and regulatory agreements are recorded publicly and can be found on ACRIS. And the proprietary lease, bylaws and other such documents can be found in the offering plan in their original form.
Keep current. One of the most important things for HDFC board members is to understand their co-op’s governing documents. They’ve changed over the years, so if you’ve read something or heard something about HDFCs you should go read your particular documents and find out if whatever you’ve heard applies to your particular co-op.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 going to be held virtually. It stipulated a new requirement that in order to vote in the election, each resident or member had to first authorize the email address from which they would be sending their directed proxy. The board provided an email authorization form, which required the member to list their name, unit number and a designated email address from which they would be sending their proxy. Each member had to sign and date it, then send it back to the managing agent.

At the annual meeting. A number of proxies were submitted that had no prior email authorizations. The accountant who was overseeing the election then found that there were not enough authorized votes to constitute a quorum. Since there was no quorum, there could be no election. The board that was already in office continued for another year, and the side that had submitted the proxies challenged the election.

In court. The challengers argued that the email authorization form wasn’t reasonable and shouldn’t be permitted under the new amendments to the business corporation law, which were added during the pandemic. The court, however, said that the board was required to take steps to verify who these individuals were and that the board was required to impose safeguards. It held that this simple email authorization form was indeed a reasonable requirement and was valid under the statute, and the court dismissed the case.

Going forward. This is very significant because it appears to be the first New York case in which a court is interpreting the verification requirement under the newly enacted statutes. As co-op and condo boards now shift from in-person to virtual electronic meetings, they will need to impose some type of reasonable safeguard to eliminate fraud or misrepresentation. If a board decides to ignore this completely, it could open itself up to some type of election challenge, risk or headache down the line.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 important because the board has fiduciary obligations to make sure the building is operated in a safe and effective way. The problems that can arise include damages, work that's outside of the permitted scope, and insurance issues. The board’s architect should review the work of the shareholder’s architect because a big concern in these scenarios is protecting the building's common elements. All of this is addressed in a well-written alteration agreement.
Roof deck gone wild. In a small condo building we represent, a roof deck was installed by the first purchaser of the top floor, but it wasn't done with any Department of Buildings permits or architectural plans. The work was approved by the board, but when the deck was installed, there was damage to the roof membrane and the waterproofing components, which allowed moisture to seep into the structure of the building. The board hired an architect and an engineer to locate the source of the leaks, but the unit-owner was uncooperative and refused to remove the noncompliant roof deck, so we had to take him to court. That case is still pending.
Stick to the plan. The lesson is to have a plan in place and be engaged. Because while the board may think that an alteration is just happening inside one apartment or inside a space that's exclusively used by one unit-owner or shareholder, you have to make sure the work is done according to law and in a safe way. If it's not and there's no oversight, you could have issues down the line that would become expensive and potentially damaging to the building and other residents.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 say two directors go home after a board meeting where shareholder litigation was discussed. The directors are riding the elevator, talking about the litigation but, unfortunately, the subject of the litigation is also in the elevator.
Three step process for violators. A board can deal with violation of confidentiality in a three step process: censure, suspension and removal. Censure is a statement saying director X did this wrong thing. It can be internal to the board, with a memo of what they did, or it can be made public to the shareholders. Suspension means that a super majority of the board votes to suspend the violator for some period of time. Removal of a director is a very big step, because you’re overturning the shareholders’ election of a director. But if you have a director who is consistently breaching protocol removal is an option.
Board rules. Oftentimes the disclosure is inadvertent, which is why boards have to be conscientious about the duty to maintain confidentiality. They need to know that if they improperly disclose or misuse private information there are clear consequences.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 the underlying dispute, because sometimes it’s a much bigger number.
When winners lose. There was a case where a condo unit-owner was illegally renting his apartment on Airbnb. The board won an injunction, but when it tried to recover its legal fees the court said the condo documents did not provide for recovery of attorney’s fees in a non-monetary default situation or it wasn’t recovering common charges. The board won in court to get the conduct stopped, but it was still out about $37,000.
Time to revise? Check your documents before you do anything. Know going into the fight what the rules are and what your chances are. If, like many co-ops and condos, you don’t have the appropriate language in your governing documents, we strongly recommend that there be a revision to the proprietary lease or bylaws.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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’t banned in the governing documents. A cease-and-desist notice was sent explaining that the fire pit was a nuisance due to the odors, but the unit-owner dug his heels in.
The bylaw solution: Instead of litigating the issue, the board decided to try to amend the bylaws. It’s a good idea to poll the community first so you know whether it’s going to pass. It can be informal, with board members going door-to-door to sound people out, or you can hold an informational meeting where you explain your proposal and ask if people will support it.
A big margin is a must: You need to have a much higher percentage of yes votes than what your governing documents require. If you need two-thirds of the vote, you really need 80%, because there are always people who don’t show up at meetings, and everyone who does not vote is basically a no vote. In this case, the informal poll showed there was more than 80%, and the board won a landslide victory. So there are two takeaways: Check your bylaws to see if they need updating, and if you need to amend them, make sure you have the votes going in.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 change, a judge is going to say, “But they never got a copy.”
When the change is big. We create a brand new lease called an “amended and restated lease.” It’s the new lease with all the provisions. And we ask everyone to re-sign it.
When the bank has the lease. If shareholders have financed their purchase, the bank has the original lease. So they should communicate with the bank, get the old lease and replace it with the new one. Banks don’t really care about changes unless it affects them in some way, so that could be a problem. But in most cases, you’re not going to make major changes everywhere. You’re going to change two, three or maybe four provisions.
Why bother with changes in the first place. Simple. Times change, and provisions need to be updated every five or 10 years.

**Music by 4 AM Party by Alex Gross licensed under a Attribution-NonCommercial-NoDerivatives 4.0 International License.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 some progress, she became unwilling and the problem continued.

-Taking a hard line. The board realized it had to be more aggressive and sent a notice of cure, which got no response. A holdover proceeding was commenced to terminate the lease, and the court referred the case to various city agencies to help the woman resolve the problem. The situation had been pending a longtime, but an agreement was finally reached where she will have someone come in to clean regularly and allow inspections of the apartment.

-The takeaway. Unlike other breachers of the proprietary lease, such as subletting, where it’s a default that’s either cured or not, boards should be cognizant that even when a hoarding situation gets better, the problem is likely to pop up again. It’s not something that is going to be resolved quickly in a one-time deal.**Music by 4 AM Party by Alex Gross licensed under a Attribution-NonCommercial-NoDerivatives 4.0 International License.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 has a certain period of time in which to exercise its right of first refusal, which means to either purchase or lease the unit on the same terms and conditions that the prospective purchaser or lessee is offering. The procedures for this are in the condo’s bylaws.
The wrinkle. In order to exercise this right, many condo bylaws stipulate that a board needs unit-owner approval. The bylaws usually state a time period, often 20 or 30 days, to get this done. The clock starts as soon as the package gets submitted, usually to the management company, and doesn’t get to the board quickly. So if the time period is 20 days, it could really be 10 days before the package gets in front of the board. The board will then speak with its lawyer and if it decides to proceed, it has to go out and get all the unit-owners or a majority of them to approve to exercise the right.
The workaround. The right of first refusal is usually done sparingly, often when there is someone the board doesn't want the apartment leased to or owned by. One way to make this process easier would be to amend the condo bylaws to eliminate the need to seek unit-owner approval. The board would then have sole discretion when to exercise this right.

**Music by 4 AM Party by Alex Gross licensed under a Attribution-NonCommercial-NoDerivatives 4.0 International License.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

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 occupancy of the apartments of the people next door, the board should get involved.
The first step. Take a conciliatory approach. Write a friendly letter saying, "The board has received complaints about your barking dog. Please do your best to keep your dog under control and be aware of the problem." A lot of times that works.
The second step. If complaints keep coming in from the neighbors, the board may decide to press further and say, "Look, we're not going to go nuclear yet, but we want to see some proof that you're doing something affirmatively.”
The nuclear threat. Nuclear is very subjective, but nuclear is sending somebody a notice to say that if the situation isn’t cured within 30 days — which is the typical timeframe for a nuisance under a proprietary lease — the board will seek to terminate the lease.
Take note. A notice of termination will get the shareholder’s attention, but you don’t actually have to follow through with it. A board has a very wide latitude to do what it wants to resolve the situation, but it also has the latitude to press things as hard as it deems necessary.

**Music by 4 AM Party by Alex Gross licensed under a Attribution-NonCommercial-NoDerivatives 4.0 International License.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

The Hoarding Police by Legal Talk

If you think your board of directors is not paying attention to what the ordinary joe apartment owner thinks is important, it’s time to get their attention. There are lots of ways to do that, and organizing a special meeting is one of them. Marc Schneider of Schneider Mitola and Elliott Meisel of Brill & Meisel offer some down-to-earth advice on this powerful option.

Selling an apartment is a huge undertaking, and lots of money changes hands. One hand that is often outstretched is that of the co-op being left. Depending on what a co-op’s governing documents say, a transfer or flip tax might be collected. For the seller, now flush with cash, that fee provides welcome revenue to a co-op’s coffers. But for the co-op corporation that doesn’t have a flip tax, it’s a missed opportunity. Listen as Norman Himmelfarb, of Himmelfarb & Sher, and Andrew Brucker, of Schechter and Brucker, lay out what’s needed to make the flip happen. Featuring the song “Jazz’n’Out” from the album Jazzafari Bea Tape Vol. 1, licensed under CC BY-NC-SA 4.0.

Boards make all kinds of decisions, and most of the time it’s pretty clear what is legal and what is not. But some activities cross into the gray zone – not really illegal, but not a good place to be, either. Dennis Greenstein of Seyfarth Shaw and Marc Landis of Phillips Nizer mark the boundaries of this zone and come up with the ultimate solution to avoiding it.

In every co-op or condo, there is a go-to guy. He’s the super. These men, and yes, they are mostly men, work for your building, are covered by your building’s insurance policy, and are on your building's payroll. They take care of everything in your building. The one thing they are not paid to do, though, is to fix stuff in your apartment. But they do. And for co-ops and condos, that can be a problem. Dean Roberts of Norris McLaughlin & Marcus, and Phyllis Weisberg of Montgomery McCracken Walker & Rhoads, offer advice on what to do. Featuring the song “Lose the Box” from the album Swing Soiree by Ménage Quad, licensed under CC BY-ND 4.0.

Mark Gauthier’s ten unit co-op is steeped in history. It’s in the Jackson Heights’ historic district, it was built in 1922, and it still uses the original set of bylaws. That’s right. Their bylaws are 92 years old. Seems like it’s time for an update. Listen as David Berkey, partner at Gallet Dreyer and Berkey, and Joel Miller, of the law firm Miller and Miller, lay out the what’s needed and why, and what it might cost. Featuring the song “History Repeats” from the album The Simple Life by Josh Woodward, licensed under CC BY-NC-SA 3.0

Okay, let’s be honest: some people are born to whine and complain. And sure enough, some of these people end up buying apartments and they morph into complaining neighbors. If you’re a board member on the other side of this complaint litany, you can just go crazy. Don’t do that. Instead, listen to Habitat’s legal experts calmly, and clearly, tell you what to do. Listen as Matthew Leeds, partner at Ganfer & Shore, and Pierre Debbas of Romer Debbas offer advice to weary board directors dealing with squeaky wheels. Featuring the song “Failure” from the album netBloc Vol. 41: Brought to you by the numerals 4 and 1 by Derek Clegg, licensed under CC BY-NC-SA 3.0

What happens when someone on your board is governing for personal gain? Lots, that’s what. Sometimes money gets spent when it shouldn’t; decisions are made that are wonky; and those who suspect something's up get intimidated. Listen as Ken Jacobs, partner at Smith, Buss and Jacobs, and Stuart Halper of Stuart Halper & Associates offer advice to a former board director on steps to take when something smells. Featuring the song “Bad Scene” from the album Grit by Podington Bear licensed under CC BY-NC-SA 3.0

In Brooklyn, there is a 16-unit condominium with an access problem. The cable box for the entire building is in the back of the condo, and to get to it you have to go through one of the two ground-floor apartments. Problem is, when there’s cable trouble, there’s no super and no doorman. And the ground-floor owner isn’t always around to open the door for the repairman so he can get to the cable box. Listen as Seth Sahr, partner at Novitt, Sahr & Snow, and Robert Tierman, partner at Litwin & Tierman, help this board president figure out what to do. Featuring the song “Banging on My Door,” by Waylon Thornton, from the album Paranormal High School licensed under CC BY-NC-SA 3.0 US.

This is a saga of too few parking spaces, a co-op board vote to raise the monthly garage fees, a president who ignored the vote and a board member who resigned over the whole affair. Listen as Stuart Saft, partner at Holland & Knight, and Scott Greenspun, partner at Braverman Greenspun, discuss where is the right, and where is the wrong. Featuring the song “Parking Lots And Strip Malls,” by David Rovics, licensed under CC BY-NC-SA 3.0.

In the beginning, the corporation that we know as a co-op or condo was created by a sponsor. And the sponsor said, let there be community life. He saw all that he made, he saw that it was very good, and he decided - well, he decided that maybe he would stick around. At least he did at Rhona Magilowitz’s co-op in Forest Hills, Queens. Listen as Eric Goidel, partner at Borah, Goldstein, Altschuler, Nahins & Goidel, and Lewis Montana, partner at Levine & Montana, offer some advice on how to work the situation. Music by Les Petits Chanteurs de Montigny, Creative Commons license.

There is a group of shareholders out in Queens that is fed up with its board. In fact, it is trying to organize a coup. But because the shareholders are basically law-abiding citizens, they’re not taking to the hallways - they’re calling their co-op’s attorney. They want to find out what they should do to get elected at the upcoming annual meeting. Listen as Theresa Racht, partner at Racht & Taffae, and Dale Degenshein, special counsel at Stroock & Stroock & Lavan, give them some unexpected advice.

You’ve got a lot of decisions to make as a board director, and any one of them could be your downfall. Out in Queens, a condo board president is trying to figure out his next step. He’s juggling years of leaks, an engineering report calling for half a million dollars’ worth of work, a reserve fund that is almost empty, a small group of thirty unit-owners to foot the bill, and a whole lot of dissension. Listen as Ron Gold, partner at Kagan Lubic Lepper Finkelstein & Gold, and Michael Manzi, partner at Balber Pickard Maldonado & Van Der Tuin, offer advice.

Talk about trust gone awry. There’s a large co-op on the Lower East Side of Manhattan that woke up to a huge problem. Seems their full-time super, under the instruction of their property management company, was working at several other properties - but on their dime and time! The board is furious and ready to - well, ready to what? Listen as attorneys Steven Sladkus, a partner at Wolf Haldenstein Adler Freeman & Herz, and Stewart Wurtzel, partner at Tane Waterman & Wurtzel, offer strategic next steps.

How do you get your board to tackle the issue of smoking? Persistence, with a dose of shareholder muscle, that’s how. Phil Konigsburg, a long-time board director in Queens, faces this problem. He’s surveyed the residents, brought the matter up with his board colleagues, but so far - nada. Listen as attorneys Steven Wagner, principal at Porzio, Bromberg and Newman, and Steve Lasser, partner at Barton LLP, advise Phil on how to effectively organize shareholders and move the board to action.

Chances are that your neighborhood will change, and new buildings will rise. So what else is knew? Well, if it takes place next door to your co-op or condo, there’s stuff you need to do - and quick. Listen as two attorneys, C. Jaye Berger and Richard Klein, both solo practitioners in their eponymous New York law firms, advise a Brooklyn board president on steps to take when the adjacent parking lot is no longer for parking, but is awaiting construction.

The economic life in most co-op buildings ticks along in a pretty ho-hum manner. That is, until the board of directors wants to do something out of the ordinary. Such is the case in Tom Bettridge’s Brooklyn co-op, where the board wants to morph their current administrative fee into a real flip tax. But can they muster enough votes to do so? Listen as Bruce Cholst, a partner in Rosen Livingston and Cholst, and Arthur Weinstein, a solo practitioner in New York, advise Tom on ways to overcome shareholder apathy and how to come to terms with that fundamental democratic issue of whose ox is being gored.

What do you do when a roommate is making others uncomfortable? That is what’s going on at 75 West 238th Street in the Bronx, and Kennita Anderson, the property manager from Robert E. Hill who oversees the co-op, is asking for advice. Listen as Robert Braverman, a partner in Braverman Greenspun, and Dale Degenshein, special counsel in the real estate department of Stroock Stroock & Lavan, help Ms Anderson figure out who the real culprit is and how to deal with the problem.

Norma Bellino’s board at a 420-unit Manhattan co-op is dealing with a crafty serial subletter. It has fined the shareholder, but it seems his subletting business is too good to be thwarted by a monetary slap. What should the board do next? Phyllis Weisberg, a partner in Montgomery, McCracken, Walker & Rhoads, and Seth Sahr, a partner in Novitt, Sahr & Snow, team up to offer some strategies to undercut the subletter’s mini-business, ending it once and for all.

Condo amenities are great – there are gyms, pools, tennis courts, playrooms, and roof decks, and they all add to the value of apartments. But there’s a dark underbelly to all this glitz: when owners fall behind on monthly common charges, they stand to lose access to these goodies. That is the case at a Long Island condo, and the board is wondering if it can cut off the delinquents at the amenity pass. Listen as Theresa Racht, partner at Racht & Taffae, and Steve Wagner, principal at Porzio, Bromberg and Newman, untangle the problem for the managers.

After slogging through years of a quiet real estate market, many co-op coffers are once again being replenished by the flip tax, a dollar figure that is attached to the sale of an apartment and unique to each co-op corporation. But what if your co-op has one that seems out of sync with today’s apartment values?

Suddenly the fire engines pull up in front of your building. Smoke permeates the hallways. The firemen are pulling their equipment in through the lobby, and now they are breaking down the door to Apt. 5. Water is gushing out of the hoses, and the fire has been doused. But so has Apt. 5, along with the destruction of its front door. With one emergency behind you, another event emerges: the co-op’s insurance deductible is half the cost of repair. How can the co-op recover the shortfall? Listen as Matthew Leeds, partner at Ganfer and Shore and Adam Leitman Baily, owner of the eponymous firm, advise Ron Sinclair, property manager at a New Rochelle co-op, on how to proceed.

You got elected to your co-op board as a reformer. Your platform was transparency for all, and no self-dealing for the board. Trouble is, the board wants you to sign a statement saying that you will not disclose confidential information to the shareholders. What should you do? Listen as Art Weinstein, principal of his own firm, and Steve Troup, partner at Tarter, Krinsky and Drogan, advise this budding whistle-blower on what’s right, what’s legal, and what’s at stake.

So you’ve fallen in love with an apartment. It’s just the right size, it has nice light, the kitchen is in good shape, and when you look out the bedroom window you see the tops of some trees. You’re ready to put in an offer. Stop. Remember, you’re buying more than an apartment – you’re investing in a corporation. You need to see if it’s in good shape. To do that, you’ll want to read the minutes. Today’s episode of Legal Talk explores who can read the minutes and who can’t, with C. Jaye Berger, principal of the Law Offices of C. Jaye Berger, and Eric Frizzel, partner in the law firm of Buckalew Frizzell & Crevina, offering guidance.

What follows is a question about washing machines in apartments. Well, not washing machines per se, but house rules that regulate whether an owner can have a washing machine in his or her apartment. And to complicate matters, the house rule has been in effect at this Queens co-op for years but never enforced – until now, that is. Today’s episode of Legal Talk, with Norman Himmelfarb, partner in Himmelfarb & Sher, and Marc Landis, chair of the Real Estate and Co-op Condo practice at Phillips Nizer, hangs the house rule question out to dry.

The buying and selling of New York apartments is one of the hottest topics today. Everyone’s talking about prices, availability, and of course, admissions. In some co-ops and condos, brokers do more than sell apartments - they also serve on the board of directors. And that’s when conflicts can arise. On today’s episode of Legal Talk, attorneys David Berkey of Gallet Dreyer and Berkey and Andrew Brucker of Schecter and Brucker join in to answer Queens board president Steve Miller’s question about how to deal with “two hat broker” problem.

In 1997, a federal jury found that the board of the Beekman Hill House co-op had illegally discriminated against an interracial couple. The couple was awarded $640,000 in damages. Of this, board president Nick Biondi was personally liable for $125,000 in punitive damages. Every few years, that case, and others like it, sends fear throughout the community. Today’s episode of Legal Talk – with Dean Roberts, partner in Norris McLaughlin & Marcus and Stuart Wurtzel, partner in Tane, Waterman & Wurtzel – explores how board members can protect themselves from this kind of financial disaster.

It can be found almost everywhere, and most of it won’t harm you. But when it’s found in an apartment, it means water has leaked into the building or is coming from somewhere inside. Who is responsible for the clean-up? On today's episode of Legal Talk, attorneys Marc Schneider, partner in Schneider Mitola, and Richard Klein, a solo practitioner in Manhattan, discuss the many issues that mold causes.

If you sit on your condo board and think you aren’t required to take minutes of board meetings - you could be right. But right doesn’t equal smart, and there are many reasons why this isn’t a good practice. On today’s episode of Legal Talk, attorneys Steven Sladkus, partner at Wolf Haldenstein Adler Freeman & Herz, and Pierre Debbas, partner at Romer Debbas, explain what’s right - and smart.

Anyone who claims Second Amendment rights will allow them to store guns or ammunition in their co-op or condo apartment has got it all wrong. Further, a co-op could turn down a potential buyer because he or she owns a gun. On this episode of Legal Talk, attorneys Peter Zlotnick, partner at Kagan Lubic Lepper Finkelstein & Gold, and Stuart Saft, partner at Holland & Knight, explain just what a board can, and can’t, do about guns in their buildings.

If you live in a New York apartment, there’s a good chance you have been bothered by one of two things – noise or smell. Either one of these two can wreak havoc on your life. Out in Westchester, a board and their property manager have been dealing with this issue at their 350-unit building. And for them, it’s even more complicated because the noise is caused by a young child with serious developmental problems. On today’s episode of Legal Talk, attorneys Ken Jacobs, of Smith, Buss and Jacobs, and John LaGumina, of The LaGumina Law Firm, join in to help the board figure out what steps it should take.

Parapets. Joints. Re-sealing. These are expensive fixes on most buildings, and you might be wondering how to bring down the cost. Hey, here’s an idea. Why not just hire the company who can fix it? On today’s episode of Legal Talk, attorneys Geoffrey Mazel, of Hankin and Mazel, and Elliott Meisel, of Brill and Meisel, join in to help Queens board president Bill Kirrane figure out whether this is a good, or bad, idea.

Co-op and condo boards can rely on their management firms for a lot. After all, they’re the pros: they know the laws, the critical deadlines, the principles and practices of good corporate governance. But sometimes – whether through malice, negligence, or just an honest mistake – they screw up, and the consequences of that screw-up can be devastating to a board. The management contract may offer boards some recourse, and in this episide of Legal Talk, attorneys Jim Glatthaar of Bleakley Platt & Schmidt and Dennis Greenstein of Seyfarth Shaw join Habitat Publisher and Editor-in-Chief Carol J. Ott to explore a board’s options for repairing the damage – and maybe even the relationship with its management firm.

Ron is trying to sell his co-op unit. His buyer won’t commit unless the deal includes roof rights. Ron doesn’t own the rights – and he’s not sure who does – so where does he even begin? It may sound hopeless, but this sale is far from a lost cause, as you’ll learn in this episode of Habitat’s Legal Talk podcast.

The rules and laws governing roommates and sublets in co-op apartment buildings are an apparently limitless reservoir of confusion, complaints and consternation for boards. If the point of cooperative living is for the community to choose its members carefully, why are there so many loopholes in the approval process when it comes to sublets and roommates? In this episode, Manhattan board member Regina Warren brings our attorney panel a particularly knotty question: her board has the power to approve sublets, but if a subletter brings in a roommate, are they allowed to approve the roommate? To answer that, Habitat Publisher and Editor-in-Chief Carol J. Ott enlists attorneys Bruce Cholst of Rosen Livingston & Cholst and David Byrne of Herrick Feinstein to dig deep into the intricacies of New York’s “Roommate Law.”

You can do pretty much whatever you want within the four walls of your co-op or condo. But when it comes to public spaces, the corporation usually has rules about what's permissible. So when your neighbor flies the American flag from his balcony, and it's huge, it's not too surprising that the community protests. And then the board has to step in. On today's show we go deep into this patriotic issue to figure out what the board can do, and how it can do it, as Habitat Publisher and Editor-in-Chief Carol J. Ott talks with attorneys Lewis Montana of Levine & Montana and Ron Perl of Hill Wallack.

The prospect of updating the bylaws of a co-op or condo can be daunting – simultaneously mundane and overwhelming. In a co-op, bylaws mostly govern internal corporate matters, but in a condo they cover just about everything, from the organization of the condominium association to the powers of the board and the relationship between the residents and their board. So the question posed to our attorney panel this episode is: Where is a board to begin? Is there a template to follow? Well, no, unfortunately. But there are plenty of solid bedrock principles on how to approach this important job. It’s information board members need to know before they take on this crucial task. On the panel this week, Habitat publisher Carol J. Ott talks with Stuart Saft, a partner at Holland & Knight, and Matthew Leeds, a partner at Ganfer & Shore. Music: Gosprom, “San Francisco” (http://freemusicarchive.org/music/Gosprom/20/Gosprom__20__12)

Too much subletting in a co-op can cause a whole host of problems, especially when it comes to finances. Buildings with low owner-occupancy rates often find themselves hit with lower property values and higher interest rates on their underlying mortgages. Fortunately, co-ops can write restrictions on subletting into their governing documents. But how do you do it? That’s the dilemma facing our attorney panel on the Habitat podcast. Our question comes from Yonkers shareholder Mike Pidel, who says that illegal subletting is even done by members of the board! What can he do to make them comply? On the panel this week, Habitat Publisher Carol J. Ott talks with Tara Snow, a partner at Novitt Sahr & Snow, and Al Taffae, a partner atf Racht & Taffae. Music: Dexter Britain, “The Lost Ones” (http://freemusicarchive.org/music/Dexter_Britain/Creative_Commons_Selection/The_Lost_Ones)

Smoking is fast becoming outré in New York’s public spaces, and apartment buildings are getting in on the act as well. Concerned about the health effects of second-hand smoke, co-op and condo boards have begun taking steps to eradicate cigarette smoking from common areas and even private apartments. But this is a new trend and in many ways uncharted territory for boards. What’s the most effective way to put a ban on smoking in your building? That’s the question posed to our attorney panel this week. Can the ban apply to some residents while grandfathering other smokers in? How do you make sure the ban will stand up in court? And, perhaps most importantly, how do you enforce it? The laws on this subject are different for co-ops versus condos, and our attorney panel separates out the various strands of legal thought and opinion to bring you the clear truth. On the panel this week, Habitat Publisher and Editor-in-Chief Carol J. Ott talks with John J. LaGumina of The LaGumina Law Firm and Richard Klein of the Law Offices of Richard Klein. Music: Stevie’s Amp Shack, “Blues Shuffle in A One Take Improv Exercise” http://freemusicarchive.org/music/Stevies_Amp_Shack/~/Blues_Shuffle_in_A_One_Take_Improv_Exercise

In an ideal co-op, the trustworth superintendent has a key to every apartment, securely stowed in a lockbox and only to be used in cases of emergency. If that emergency strikes and the resident of the unit isn’t home to give building workers or first responders access to the apartment, the key comes out and the emergency services can proceed in an orderly fashion. But we all know that things are rarely so tidy. Locks get changed and shareholders, intentionally or not, often fail to leave a copy of the key with the building. And when emergency access is needed? Out comes the battering ram. That’s the situation faced by this episode’s board questioner, Marleen Levi of Bensonhurst, Brooklyn. In her co-op, screams were heard emanating from a unit in the middle of the night, and when no one answered the door and the super didn’t have a key, the Fire Department started busting it down. Fixing the front door to an apartment is usually the co-op’s responsibility, but in this case, Levi asks, can the co-op forward the bill to the shareholder who should have given them access in the first place? Our attorney panel answers her question and looks at all the angles when it comes to access: when should the building have it, and who’s responsible when it doesn’t? On the panel this week: Rob Braverman of Braverman & Associates and Ronald Gold of Kagan Lubic Lepper Finkelstein & Gold. Music: Noi, “Everything is Changing” (http://freemusicarchive.org/music/Noi/~/noi_-_everything_is_changin)

For a co-op, the proprietary lease is kind of like the Constitution: it sets the terms for everyone who enters your community, it’s hard to make changes to it, and people will be picking over its every detail for years to come. But like that famous document, eventually there comes a time where the proprietary lease needs to be brought up to date with present-day realities. That’s the subject of this week’s episode: what changes to make, how to go about enacting them, how to get your shareholders on board, and who to turn to for help. On our attorney panel, Habitat publisher Carol J. Ott talks with Steven Wagner of Wagner Davis and Jeffrey Reich of Wolf Haldenstein Adler Freeman & Herz. Music: The Silent Partner, “Build Up” (http://freemusicarchive.org/music/Tha_Silent_Partner/Tha_Complete_Platters_Sessions_XE/03_-_Build_Up)

The chopping and sawing you are hearing is a noisy but necessary sound as more and more cooperatives and condominiums are facing altered states. The scenarIo is simple: as new, younger people move into older apartment buildings, they are paying more and expecting more. They want to upgrade kitchens, or bathrooms, or living rooms to bring them in line with their visions of home. That’s where alteration agreements, the subject of this podcast, come into play. We will be discussing how to create and implement them: from the advisors you need to consult to the legal protections you should include. This week, Habitat publisher Carol J. Ott talks with C. Jaye Berger, of the law offices of C. Jaye Berger, and Elliott Meisel, of Brill & Meisel.

A successful co-op or condo board knows when to trust the experts — and how to protect itself against a violation of that trust. A prime example of this tricky balancing act is putting a project out for bid. It’s a case study in the importance of collaborative decision-making and teamwork, as well as an easy target for an unethical vendor to take advantage of an unsuspecting board. Our question this week comes from a co-op board member who knows the dangers involved and has successfully navigated the waters with small-scale projects, but wants to know if there are additional projects his board should take with a million-dollar job on the horizon. In response, our attorney panel walks us through the competitive bidding process. Who should be involved, and when? What roles should the managing agent, engineer, attorney, and board play? And how does the board protect itself against cut corners and dirty dealings? On the panel this week: Marc Schneider of Schneider Mitola and Ron Perl of Hill Wallack. Music: Jazz at Mladost, “C-mol Blues” (http://freemusicarchive.org/music/Jazz_at_Mladost/Jazz_Night/C-mol_blues)

When you own an apartment, your home is not your castle – especially when it comes to matters of renovation and alteration. Alteration agreements restricting when and how apartment owners can have work done on their units are commonplace in co-ops and condos in New York. But if a condo unit-owner goes rogue and builds something unauthorized or even illegal in his or her unit, and the board turns a blind eye to the transgression, can a future board reassert its authority without getting in legal trouble? That’s the question posed to our panel this week. On this episode we cover the basics of alterations: how co-ops and condos can and should enforce their alteration agreements (or how to enact them if they aren’t already on the books), the dangers of unauthorized construction, and the best way a new board can lay down the law in areas where unit-owners are used to getting away with murder. On the panel this week: Alan Turek of Turek Roth Mester and Geoffrey Mazel of Hankin & Mazel. Music: Michael Chapman and the Woodpiles, “Goodwill Cowboys Ride Again” (http://freemusicarchive.org/music/Michael_Chapman__The_Woodpiles/NATCH_7/05_Goodwill_Cowboys_Ride_Again)

When a co-op’s shareholders want access to the corporation’s financial records, are the documents an open book – or are they a secret diary? And what if the shareholder is a former board member? That’s the question posed to our attorney panel in today’s episode. It’s a must-listen for both board watchdogs and the boards they watch. It’s a seemingly simple question that raises a surprising number of issues. How much information do shareholders have the right to, and how much transparency is in the best interest of the corporation? And there are rules about what documents the board has to release, but are there rules about what information those documents have to contain? It’s a tricky subject with a lot of gray areas, and our panelists break it all down. On the panel this week: Eric Goidel of Borah, Goldstein, Altschuler, Nahins & Goidel and Howard Schechter of Schechter & Brucker.

Can an apartment be your primary residence, even if you haven’t lived there for two years? That’s the question Patricia Ingao, a board vice president at a Brooklyn co-op, is asking in this episode. Her board is grappling with a complicated and touchy situation involving an elderly rent-stabilized tenant in a nursing home, the son who’s been paying her rent, and the the tax break the co-op has been receiving in exchange for keeping her rent low. Unfortunately, according to our attorney panel, case law on these matters is anything but clear cut. The panel covers the intersecting questions of how the co-op’s property taxes may be affected, how to determine whether the tenant will ever really return to the apartment, whether the tenant’s rights may be passed along to her son, and how to balance the desire to be a good neighbor with the co-op’s financial realities. On the panel this week: Phyllis Weisberg of Montgomery McCracken Kurzman Karelsen and Kenneth Jacobs of Smith, Buss & Jacobs. Music for this episode by Jahzaar, from freemusicarchive.org.

Your co-op board has the right to keep certain records in confidence – even from its fellow board members. But what if you aren’t confident that the board was duly elected in the first place? In this episode, Habitat’s attorney panel breaks down a complicated question from a New York co-op board member about who wins out in a battle between confidentiality and confidence – and how any prior board decisions are affected when an election is overturned. The podcast identifies all-too-common mistakes that boards make when certifying elections – and what you need to know to cope with the confidentiality/confidence dilemma. On this week’s panel this week: Marc Landis of Phillips Nizer and Dean Roberts of Norris McLaughlin & Marcus. Music for this episode by Broke for Free, from freemusicarchive.org.

What do you do with a condo board that is breaking all the rules – including the one that lets the unit-owners boot the bums out? Attorneys Pierre Debbas and Ari Weiss discuss the board recall process – and what to do when it goes wrong.

Sexual harassment between board members can disrupt the board’s ability to function, causing the entire co-op or condo to suffer. Attorneys Mitchell A. Dix and Lewis Montana discuss options for solving a harassment problem without causing a scandal.

Co-ops are always looking for new sources of revenue, and one board in Harlem has a novel idea: charging a roommate fee. Can they do it? Things get existential as attorneys Marcie Waterman Murray and Joel Miller ponder the question: what is a roommate?

After a failed shareholder uprising, three embattled co-op board members vote to reimburse themselves for legal fees. Is that legal? Attorneys Marc Luxemburg and Adam Leitman Bailey unpack the answer and takes a deep dive into the recall petition process.

Enforcing a no-pets rule in a co-op or condo can be a challenge. Attorneys Dale Degenshein and Arthur Weinstein discuss evicting an unauthorized pet and how to make sense of competing doctors' notes claiming the animal is a benefit or detriment to health.

Fred Dobro, a board president in Brooklyn, wonders what kind of e-mail discussion is okay, and what’s not – in this week's podcast. Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. (Note to our listeners: the Habitat podcast will be going on hiatus after this episode.)

William Clarke, president of a 111-unit condo in Brooklyn, asks if the condo association can review the bulk sales contract made between the original sponsor and two successor sponsors so they can determine what is owed them – in this week's podcast. Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it.

Reynold Weidenaar, a board treasurer from Manhattan, is facing a contractor overcharge problem.

A former board president from Brooklyn, who wishes to remain anonymous, is facing a confidentiality problem involving board members and candidates in an election. She asks whether board members can reveal the details of a board candidate's adverse history at the co-op.

Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, Paul Hachmeyer, a board treasurer of an 86-unit co-op in Brooklyn, wonders if they can do anything to force their sponsor to complete the co-op conversion that was started in 1986. This podcast is sponsored by the law firms of Seyfarth Shaw and Turek Roth Mester.

Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, Carmen Kolodzey, a board president In Brooklyn, is dealing with a financial mess, including foreclosure, left by an owner who died.This podcast is sponsored by the law firms of Phillips Nizer, Tarter Krinsky & Drogin, and Wolf Haldenstein Adler Freeman & Herz.

Welcome to Habitat Magazine’s podcast. This podcast is sponsored by the law firms of Norris McLaughlin & Marcus and Racht & Taffae. Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, Bruce Meyers, a board director at a 34-unit co-op in Manhattan, asks how to deal with a cat who is defecating in a public space.

Welcome to Habitat Magazine’s podcast. This podcast is sponsored by the law firm of Balber Pickard Maldonado & Van Der Tuin. Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, Andy Cho, board president of a 130-unit co-op in Manhattan, reports his co-op is considering a lockbox to hold coded keys from owners. He wonders if a waiver is necessary to protect the building in the event a key is lost or stolen, and something happens to the apartment?

Twice a month, we invite a NewWelcome to Habitat Magazine’s podcast. This podcast is sponsored by the law firm of Schneider Mitola. Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, Ruth Shoenthal, a board treasurer from Manhattan, is dealing with a hoarder problem. York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, Andrea Payne, a board president in Wheatley Heights, Long Island, is facing a thorny problem of termites, a shareholder who is trying to sell, and an ineffective exterminator.

Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, Andrea Payne, a board president in Wheatley Heights, Long Island, is facing a thorny problem of termites, a shareholder who is trying to sell, and an ineffective exterminator.

Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, John Titone, a board president in Queens, is trying to understand why his building’s insurance company is requiring them to comply with New York city’s air conditioner bracket regulations, even though his building is not subject to Local Law 11.

Twice a month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This time, Karen Ward, a board director of a 67-unit co-op in Queens, is facing an asbestos problem. The board president of her co-op had hired a contractor to remove asbestos in their meeting room and a tenant’s apartment. The contractor was not licensed to do this type of work, and the proper disposal protocols were not followed. The building is now facing fines and penalties.

Each month, we invite a New York co-op or condo board director to ask a legal question, and we host a panel of attorneys who address it. This month, Carl Tait, a board president of a 33-unit co-op in Manhattan, wonders what steps his co-op can take to force the neighboring building to complete it’s Local Law 11 work?