New York's Cooperative and Condominium Community

Habitat Magazine Business of Management 2021

HABITAT

HIMMELFARB & SHER, LLP

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Himmelfarb & Sher, LLPvisit website

Himmelfarb & Sher, LLP
White Plains Plaza, One North Broadway, Ste 800,
White Plains, NY 10601
914-682-0040
law@himmelfarb-sher.com
http://www.himmelfarb-sher.com

Our Firm handles all phases of real estate law involving Condominiums, Cooperative Corporations and Homeowner Associations, inclusive of its representation of Boards of Directors and Managers.

The Firm currently represents numerous cooperatives, condominiums and homeowner associations, as retained counsel, reviewing their ongoing legal needs and governance concerns, review of the Offering Plan, Proprietary Lease and By-Laws, House Rules and/or Policies, as well as attending to any special litigation or legal issues, including some of the following: preparation and review of capital improvement contracts; mortgage refinancing; amendments to governance documents [By-Laws and Proprietary Lease]; building wide smoking policy, alteration policy, laundry and/or storage facilities; tax certiorari petitions; landlord tenant proceedings; litigation involving a default by a shareholder relative to the collection of maintenance charges/assessments, improper leasing/subletting/transient occupancy/AirBNB issues, unauthorized harboring of dogs, emotional support animal policy; excessive noise complaints, unreasonable disturbances, secondhand smoke issues, objectionable conduct, prosecution of cases against contractors relative to construction claims; and foreclosure proceedings.

Moreover, we have litigated residential, condominium and cooperative foreclosures, as well as complex commercial matters and have lectured on the topics of Admissions Criteria, Capital Improvement Projects, Condominium Collection Procedures and Mortgage Foreclosures. Furthermore, we have extensive experience relative to the negotiation and/or litigation and ultimate resolution of issues regarding a sponsor's or successor holder of unsold shares compliance with the provisions of the offering plan, as well as its adherence to statutory mandates and the Rules and Regulations promulgated by the Department of Law of the State of New York.

Over the past forty-two (42) years, the Firm has been retained by over 250 tenant associations in the Counties of Bronx, Brooklyn, New York, Putnam, Queens, Rockland and Westchester, as well as surrounding metropolitan areas.  During this time, we have obtained significant concessions from various sponsors, including but by no means limited to: reductions in mortgages placed upon the corporation; sponsor financing for purchasing tenants; reductions in purchase prices of individual apartments; increased reserve funds; Board control from inception for purchasing tenants; repair of and/or improvement to the condition of buildings; and increased rights for senior citizens and non-purchasing tenants.

Our Firm has unique experience in real estate transactions including acquisition, development, litigation, syndication and closings, and has represented numerous sponsors relative to offering plans to convert and/or develop property.  We feel that this experience is extremely beneficial in our representation of cooperatives and condominiums.

As a point of information, we feel proud of the fact that we have been designated by Martindale - Hubbell Law Directory in the Bar Register of Pre-Eminent Lawyers, having achieved the highest rating of legal ability, "AV" since 1997 through the present.  This rating signifies that both our legal abilities and professional ethics are of the highest standard. Moreover, we were designated as a "Super Lawyer" for 2014, 2015, 2016, 2017, 2018, 2019 and 2020; and selected as one of NY "Best Lawyers in Real Estate - Litigation" for 2018, 2019, 2020 and 2021. Please note that the aforesaid rating, designation and selection are all based upon an independent peer review and constitutes a significant honor in the legal community since it represents an acknowledgment of the quality of our work.     

Furthermore, we have been selected as a panelist/moderator for seminars or conferences sponsored by Habitat, Cooperator and/or the New York Association of Realty Managers [NYARM], as well as various bar associations. We were also appointed a member of various Cooperative Condominium Committees for the New York City Bar Association, New York State Bar Association Real Property/Cooperative-Condominium Committee.

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Himmelfarb & Sher, LLP has been recognized as one of the most active firms in the New York Metropolitan area for the representation of cooperative corporations, condominiums and homeowner associations.

The Firm currently represents numerous co-ops, condos, and homeowner associations. As retained counsel we review their ongoing legal needs and governance concerns. We attend to any special litigation or legal issues, including: preparation and review of capital improvement contracts; mortgage refinancing; amendments to governance documents to establish building wide smoking policy, alteration policy, laundry and/or storage facilities; tax certiorari petitions; landlord tenant proceedings; litigation involving a default by a Shareholder relative to the collection of maintenance  charges/assessments, improper leasing/subletting/transient occupancy/AirBNB issues, unauthorized harboring of dogs, excessive noise complaints, unreasonable disturbances, secondhand smoke issues or objectionable conduct, prosecution of cases against contractors relative to construction claims; and foreclosure proceedings.

We were designated as a "Super Lawyer" for 2014, 2015, 2016, 2017, 2018 and 2019 in the New York Times, noted in New York Magazine, December, 2013, 2014, 2015 and 2016 as one of "New York Area's Top Rated Lawyers"; as well as recently selected as one of NY "Best Lawyers in Real Estate - Litigation" for 2018, 2019 and 2020.

We are frequently asked to lecture before the New York State Bar Association Real Property/Cooperative-Condominium Committee; as well as various bar associations and/or selected panelist/moderator for seminars or conferences sponsored by Habitat, Cooperator and/or New York Association of Realty Managers [NYARM].

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