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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

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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17:40

Don't Let Your Next Construction Project Bankrupt...

Legal Talk for Co-ops and Condos ·

2025/06/09

Send us a text 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 pro...

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21:56

How to Collect Overdue Maintenance Without Going to...

Legal Talk for Co-ops and Condos ·

2025/05/26

Send us a text 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, p...

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12:39

Protecting Your Building from Renovation Nightmares

Legal Talk for Co-ops and Condos ·

2025/05/19

Send us a text 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 on...

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14:11

Smart Strategies for Managing Smoking in Your Building

Legal Talk for Co-ops and Condos ·

2025/05/12

Send us a text 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...

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14:59

From Arrears to Foreclosure, Collection Strategies...

Legal Talk for Co-ops and Condos ·

2025/05/05

Send us a text 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 ...

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16:43

When the Business Judgment Rule Works — and When It...

Legal Talk for Co-ops and Condos ·

2025/04/30

Send us a text 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 enclosure...

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16:49

Drawing the Line: Who Pays When Your Co-op or Condo...

Legal Talk for Co-ops and Condos ·

2025/04/24

Send us a text 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, ...

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51 results

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