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PODCAST

Legal Talk for Co-ops and Condos

Legal Talk by Habitat Magazine

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.

business non-profit

All Episodes

12:55

Are You Protecting Your Building — or Setting It Up...

Legal Talk for Co-ops and Condos ·

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 inter...

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16:30

How 100 Sponsor Units Sold Across 28 Buildings in One...

Legal Talk for Co-ops and Condos ·

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 lar...

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15:43

The Smart Way for Condo Boards to Handle Anonymous...

Legal Talk for Co-ops and Condos ·

2026/03/23

Send us Fan Mail 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 a...

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14:35

The Commercial Tenant No One Saw Coming

Legal Talk for Co-ops and Condos ·

2026/02/23

Send a text 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 wh...

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19:31

When Shareholders Push Back Against the Board

Legal Talk for Co-ops and Condos ·

2026/02/16

Send a text 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 tab...

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16:28

Why Your Building's 1969 Bylaws Could Sink Your Board

Legal Talk for Co-ops and Condos ·

2026/01/26

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 warn...

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18:24

The Proprietary Lease Amendment That Backfired...

Legal Talk for Co-ops and Condos ·

2026/01/19

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 building...

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11:00

Why Your Next Contract Could Cost You Thousands

Legal Talk for Co-ops and Condos ·

2025/12/15

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 ...

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16:23

Why Timing Means Everything in Condo Foreclosure

Legal Talk for Co-ops and Condos ·

2025/12/01

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 betw...

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20:47

How Your Neighbor Might Hold Your Renovation Hostage

Legal Talk for Co-ops and Condos ·

2025/11/17

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 wal...

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16:39

Why the Storefront isn’t so Simple

Legal Talk for Co-ops and Condos ·

2025/11/03

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 Fox Rothschild (at the time of this interview) 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, boar...

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16:05

When Water Damage Goes Wrong

Legal Talk for Co-ops and Condos ·

2025/10/27

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 th...

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18:17

From Empty Storefront to Steady Income

Legal Talk for Co-ops and Condos ·

2025/10/20

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 reserve...

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24:17

Why Your Building's Insurance Costs Keep Skyrocketing

Legal Talk for Co-ops and Condos ·

2025/10/13

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 ap...

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15:44

Why Your Alteration Rules Might Land You in Court

Legal Talk for Co-ops and Condos ·

2025/09/24

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 h...

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14:15

Document Requests Are Rising and Your Board Needs a Plan

Legal Talk for Co-ops and Condos ·

2025/09/22

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 board...

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17:17

Board Members' Worst Nightmare: When Bad Faith Ruins...

Legal Talk for Co-ops and Condos ·

2025/09/08

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 ...

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13:07

The Ladder Approach to Resolving Apartment Smoking...

Legal Talk for Co-ops and Condos ·

2025/08/26

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 impleme...

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16:48

How One Late Payment Can Sink Your Building's Budget

Legal Talk for Co-ops and Condos ·

2025/08/11

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 uncollec...

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14:01

Navigate Co-op Ownership Transfers Without Legal Drama

Legal Talk for Co-ops and Condos ·

2025/06/23

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...

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58 results

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