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Legal Talk for Co-ops and Condos

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Rating
★★★★★
5
from
1 reviews
This podcast has
70 episodes
Language
English
Date created
2022/12/12
Latest episode
2026/09/28
Average duration
16 min.
Release period
13 days

Description

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

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Check latest episodes from Legal Talk for Co-ops and Condos podcast


When Worry About a Neighbor Meets the Law
2026/09/28
Send us Fan Mail A longtime neighbor keeps leaving the stove on. There's no family to call, no one to knock on the door, and the board is losing sleep over what might happen next. Justin Buchel, partner at Schneider Buchel, describes this increasingly common situation, in which compassion and liability pull in opposite directions. He unpacks how boards navigate these tense moments and why the answer is rarely as simple as walking through the door. You'll hear why some situations that feel urgent aren't, and what rules could protect you as a resident and as a neighbor. 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!
A Parking Problem That Landed a Board in Court
2026/09/21
Send us Fan Mail When a co-op board grew frustrated with a parking garage tenant overstepping its limits, a routine notice of default seemed like the obvious fix. Instead, it triggered a lawsuit and a costly lesson in New York's unforgiving procedural rules. Drew Pakett, partner at Braverman Greenspun, walks through what happens when commercial tenants push back against default notices, why "sweetheart leases" make tenants fight harder to stay put, and how a single missing paragraph can sink a board's case in court. Pakett breaks down the real purpose of a Yellowstone injunction and what boards should do before serving any default notice. 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!
What Boards Can Really Do About a Disruptive Neighbor
2026/08/24
Send us Fan Mail When a co-op has a shareholder no one can live with, boards actually have serious legal muscle to do something about it. Steven Anderson, former partner at Becker Law and now with Kucker Marino Winiarsky & Bittens, breaks down the landmark Pullman case and how it turned "objectionable conduct" into one of the sharpest tools a co-op board can wield. Anderson explains why condo boards face a much steeper climb when trying to remove a disruptive owner, and what separates the two ownership structures when things go legally sideways. He also walks through what due process looks like for a shareholder facing termination, how long these fights typically drag on, and why most disputes end before ever reaching a courtroom. 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!
What a Missing Stock Certificate Can Cost You
2026/08/17
Send us Fan Mail Losing a stock certificate sounds like a paperwork headache — until it threatens to derail a closing entirely. In this episode, Geoffrey Mazel, founding partner at Hankin & Mazel, talks about the unglamorous but essential mechanics of co-op share transfers. He's seen sellers arrive at the closing table without the paperwork they need, decades-old bank loans that seem to disappear into thin air, and family situations that quietly complicate who actually owns the shares. Mazel breaks down why these documents carry so much weight in a co-op sale, what can go wrong when they're missing or unclear, and the steps every shareholder should take long before they ever list their apartment. Board members will come away understanding why these "small" documents cause the biggest closing-day surprises — and how to help residents avoid them. 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!
Get Serious About Arrears Before They Spiral
2026/07/27
Send us Fan Mail 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!
When a Breakup Becomes the Board's Problem
2026/07/20
Send us Fan Mail 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!
How One Co-op Got a Crash Course in Its Own Rules
2026/06/29
Send us Fan Mail 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!
Surviving Emotional Support Animal Requests
2026/06/23
Send us Fan Mail 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!
A Smarter Way to Handle a Problem Shareholder
2026/05/26
Send us Fan Mail 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!
What One Condo Learned About Enforcing Its Own Rules
2026/05/18
Send us Fan Mail 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!
Demystifying Unsold Shares
2026/05/11
Send us Fan Mail 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!
The Risks and Rewards of Having a Lawyer on Your Board
2026/05/05
Send us Fan Mail 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!
The Legal Playbook to Use Against Your Worst Neighbor
2026/04/28
Send us Fan Mail 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!
Are You Protecting Your Building — or Setting It Up for a Lawsuit?
2026/04/20
Send us Fan Mail 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!
How 100 Sponsor Units Sold Across 28 Buildings in One Day
2026/03/30
Send us Fan Mail 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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