LEGAL TALK

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.

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.

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.

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.

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.

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.

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.

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 Magazine’s Carol Ott, Cummins highlights several alarming gaps in typical indemnification language.

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.

In this 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.