Advertise on podcast: Legal Talk for Co-ops and Condos

Send us a text 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 Dean Roberts, senior partner at Norris McLaughlin, reveals how outdated bylaws create real legal vulnerabilities for boards, from impossible quorum requirements that can lead to an entire board being ousted, to missing provisions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!

Send us a text 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!

Send us a text 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!

Send us a text 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!

Send us a text 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!

Send us a text 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!

Send us a text 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!

Send us a text 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!

Send us a text 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 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!

Send us a text 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.  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 [email protected] 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!

Send us a text 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 [email protected] 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!

Send us a text 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!

Send us a text 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!

Send us a text 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!

Send us a text 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!