Explore every episode of the podcast Legal Talk for Co-ops and Condos
| Title | Pub. Date | Duration | |
|---|---|---|---|
| What Boards Can Really Do About a Disruptive Neighbor | 24 août 2026 | 00:13:43 | |
When a co-op has a shareholder no one can live with, boards actually have serious legal muscle to do something about it. Steven Anderson, former partner at Becker Law and now with Kucker Marino Winiarsky & Bittens, breaks down the landmark Pullman case and how it turned "objectionable conduct" into one of the sharpest tools a co-op board can wield. Anderson explains why condo boards face a much steeper climb when trying to remove a disruptive owner, and what separates the two ownership structures when things go legally sideways. He also walks through what due process looks like for a shareholder facing termination, how long these fights typically drag on, and why most disputes end before ever reaching a courtroom. Habitat's Carol Ott conducts the interview.
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| What a Missing Stock Certificate Can Cost You | 17 août 2026 | 00:14:22 | |
Losing a stock certificate sounds like a paperwork headache — until it threatens to derail a closing entirely. In this episode, Geoffrey Mazel, founding partner at Hankin & Mazel, talks about the unglamorous but essential mechanics of co-op share transfers. He's seen sellers arrive at the closing table without the paperwork they need, decades-old bank loans that seem to disappear into thin air, and family situations that quietly complicate who actually owns the shares. Mazel breaks down why these documents carry so much weight in a co-op sale, what can go wrong when they're missing or unclear, and the steps every shareholder should take long before they ever list their apartment. Board members will come away understanding why these "small" documents cause the biggest closing-day surprises — and how to help residents avoid them. Habitat's Carol Ott conducts the interview.
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| Get Serious About Arrears Before They Spiral | 27 juil. 2026 | 00:12:17 | |
Falling behind on monthly fees might seem like a minor headache, but it can spiral into years of complications, mounting costs, and serious tension between neighbors. Carl Finger, principal at Finger & Finger, breaks down what actually happens behind the scenes when a resident stops paying, and why some boards handle it with ease while others watch a small problem snowball. He shares a case involving an elderly shareholder that shows just how complicated things can get when a board waits too long to act, plus the surprising legal tools available to condo boards that co-ops simply don't have. Finger also gets into the murky question of whether a board can restrict amenities like parking or the pool, and why that strategy usually backfires. Habitat's Carol Ott conducts the interview.
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| When a Breakup Becomes the Board's Problem | 20 juil. 2026 | 00:13:22 | |
When one shareholder wants out and the other wants to stay, the fallout doesn't just involve the two of them, it lands squarely on the board's desk. Matthew Goldberg, partner at Hankin & Mazel, walks through a real case involving an unmarried couple who bought a co-op together, only to face a breakup that turned into a stock transfer, a lender negotiation, and a financial review most boards wouldn't see coming. He breaks down what boards are actually responsible for reviewing when ownership changes hands and what can happen when an agreement falls apart entirely. Goldberg offers real lessons for any board that assumes a breakup, divorce, or ownership change is simply a private matter. Habitat's Carol Ott conducts the interview.
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| How One Co-op Got a Crash Course in Its Own Rules | 29 juin 2026 | 00:14:22 | |
What would happen if your co-op's proprietary lease didn't actually give your board the powers you've always assumed it had? That's not a hypothetical — it's exactly what happened to one New York co-op. Tracy Peterson, a principal at Braverman Greenspun, takes Carol Ott through a case where digging into a co-op's proprietary lease revealed a provision so unexpected that it had escaped notice — by attorneys, managing agents, and board members alike — for more than 40 years. She breaks down what the board found, how they handled the fallout, and what every board member should take away: read your governing documents, because the surprises are in there. Habitat's Carol Ott conducts the interview.
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| Surviving Emotional Support Animal Requests | 23 juin 2026 | 00:19:56 | |
When a newly married couple applied to a Riverdale co-op with an emotional support animal request, their board faced a situation that most no-pet buildings aren't prepared for — and the fallout landed them before the Human Rights Commission. Eric Goidel, senior partner at Borah Goldstein Altschuler Nahins & Goidel, walks through the case step by step, explaining the unconventional strategy he recommended and why it matters for any board navigating ESA requests. The lesson here isn't just about pets — it's about documentation, process, and knowing where the real legal exposure lives before a complaint ever gets filed. Habitat's Carol Ott conducts the interview.
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| A Smarter Way to Handle a Problem Shareholder | 26 mai 2026 | 00:24:46 | |
Dealing with a neighbor who stops paying maintenance is one of the most stressful situations a co-op building can face — and most people assume the only fix is a slow, expensive slog through housing court. Attorney Moshe Bobker, partner at Tane Waterman & Wurtzel, explains a little-known legal tool that's been quietly changing the way co-ops handle defaulting shareholders. It's faster, cheaper, and in many cases far more effective than anything a courtroom can offer. Bobker draws on real cases to explain how this strategy shifts the pressure in ways that get people to the table quickly — and why it's been gaining serious traction since the COVID era exposed just how broken the traditional process really is. Habitat's Emily Myers conducts the interview.
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| What One Condo Learned About Enforcing Its Own Rules | 18 mai 2026 | 00:13:27 | |
When a Lower East Side condo board ran out of patience with a rule-breaking pet owner, they needed a solution that didn't involve a lengthy and expensive lawsuit. What their attorney found buried in their own governing documents surprised everyone — and ultimately stopped the problem in its tracks. In this episode, attorney Lloyd Reisman, partner at Belkin Burden Goldman, pulls back the curtain on why so many building rules are essentially unenforceable — and what happens when boards find that out the hard way. He explains what residents can expect when buildings haven't updated their documents in years, and the practical steps that separate buildings that can act from those stuck waiting on a judge. Habitat's Emily Myers conducts the interview.
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| Demystifying Unsold Shares | 11 mai 2026 | 00:15:49 | |
If your co-op has holders of unsold shares — or you're not even sure what that means — listen up. David Fitzhenry, partner at Moritt Hock & Hamroff, breaks down everything boards need to know about these often-misunderstood shareholders and the special rights they carry. You'll learn why holders of unsold shares can bypass the standard alteration approval process, how they can claim a board seat, and why their presence could affect your building's financing options. Fitzhenry also shares practical advice on maintaining a productive relationship with them, which can ultimately benefit the entire building. Whether you're dealing with one right now or just want to be prepared, this conversation gives you the legal grounding and real-world perspective to handle the situation confidently. Habitat's Carol Ott conducts the interview.
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| The Risks and Rewards of Having a Lawyer on Your Board | 05 mai 2026 | 00:11:37 | |
If your board has an attorney serving as a director — or if you're that attorney — this episode is essential. Stewart Wurtzel, member at Tane, Waterman & Wurtzel, walks through the real conflicts that arise when legal expertise meets board duty. He explains why letting your board's attorney review contracts instead of hiring outside counsel can leave everyone dangerously uninsured, how to voice a legal opinion without it becoming legal advice, and why diplomacy is everything. His practical framework for drawing boundaries without drawing battle lines is something every board member needs to hear. Habitat's Carol Ott conducts the interview.
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| The Legal Playbook to Use Against Your Worst Neighbor | 28 avr. 2026 | 00:23:27 | |
What happens when a neighbor decides the person living below her is the enemy? In this episode, Emanuela Lupu, partner at Smith Buss and Jacobs, speaks about a case that unfolded over years — one involving hallway confrontations, elevator ambushes, and a dog weaponized on the sidewalk. It's a story that reveals just how much a board needs to get right long before a lawyer ever gets involved, and how one early misstep can force everyone to keep living with the problem longer than they should. Lupu also walks through a separate case with a twist ending that left a co-op holding a bill they thought they'd earned the right to collect. Habitat's Emily Myers conducts the interview.
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| Are You Protecting Your Building — or Setting It Up for a Lawsuit? | 20 avr. 2026 | 00:12:55 | |
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 interest — from brokers to contractors sitting on the board — need to be handled. Habitat's Carol Ott conducts the interview.
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| How 100 Sponsor Units Sold Across 28 Buildings in One Day | 30 mars 2026 | 00:16:30 | |
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 large-scale sponsor transactions actually work, what boards can expect when ownership of unsold shares suddenly changes hands, and why the arrival of a new investor isn't necessarily bad news. Whether your building has one sponsor unit or fifty, understanding how these deals come together — and what they mean for everyone else in the building — is knowledge worth having. Habitat's Carol Ott conducts the interview.
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| The Smart Way for Condo Boards to Handle Anonymous Buyers | 23 mars 2026 | 00:15:43 | |
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 application lands on a managing agent's desk all the way to the moment a board realizes its options have nearly run out. What Cummins lays out is a practical framework that any condo board can adopt — without a bylaw amendment or a legal battle. If your building hasn't thought about this yet, it probably should. Habitat's Carol Ott conducts the interview.
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| The Commercial Tenant No One Saw Coming | 23 févr. 2026 | 00:14:35 | |
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 what it exposed about the way mixed-use buildings are governed. The case raises questions that apply well beyond cannabis — about what happens when the document running your building was written in a completely different era, and what realistic options boards actually have when they want to push back. The answer involves more creativity, negotiation, and luck than most people would expect. Habitat's Carol Ott conducts the interview.
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| When Shareholders Push Back Against the Board | 16 févr. 2026 | 00:19:31 | |
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 table before taking their case, when courts will intervene immediately, and how one year-long grassroots campaign in the Bronx ultimately exposed fraud and overthrew an entrenched sponsor. Whether you're watching your own building's dynamics or just fascinated by co-op politics, this episode illuminates how power shifts when residents finally organize. Habitat's Carol Ott conducts the interview.
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| Why Your Building's 1969 Bylaws Could Sink Your Board | 26 janv. 2026 | 00:16:28 | |
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.
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| The Proprietary Lease Amendment That Backfired Spectacularly | 19 janv. 2026 | 00:18:24 | |
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.
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| Why Your Next Contract Could Cost You Thousands | 15 déc. 2025 | 00:11:00 | |
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.
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| Why Timing Means Everything in Condo Foreclosure | 01 déc. 2025 | 00:16:23 | |
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.
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| How Your Neighbor Might Hold Your Renovation Hostage | 17 nov. 2025 | 00:20:47 | |
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.
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| Why the Storefront Isn’t So Simple | 03 nov. 2025 | 00:16:36 | |
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.
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| When Water Damage Goes Wrong | 27 oct. 2025 | 00:16:05 | |
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
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| From Empty Storefront to Steady Income | 20 oct. 2025 | 00:18:17 | |
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.
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| Why Your Building's Insurance Costs Keep Skyrocketing | 13 oct. 2025 | 00:24:17 | |
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.
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| Document Requests Are Rising and Your Board Needs a Plan | 22 sept. 2025 | 00:14:15 | |
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 info@prosentry.com or prosentry.com/contact.
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| Why Your Alteration Rules Might Land You in Court | 22 sept. 2025 | 00:15:44 | |
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 info@prosentry.com or prosentry.com/contact.
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| Board Members' Worst Nightmare: When Bad Faith Ruins Everything | 08 sept. 2025 | 00:17:17 | |
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.
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| The Ladder Approach to Resolving Apartment Smoking Disputes | 26 août 2025 | 00:13:07 | |
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.
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| How One Late Payment Can Sink Your Building's Budget | 11 août 2025 | 00:16:48 | |
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.
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| Navigate Co-op Ownership Transfers Without Legal Drama | 23 juin 2025 | 00:14:01 | |
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.
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| Don't Let Your Next Construction Project Bankrupt Your Building | 09 juin 2025 | 00:17:40 | |
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 projects almost inevitably require expensive modifications. Radetsky explains the critical insurance requirements that most boards overlook, including New York's unique Scaffolding Law that makes building owners liable for contractor mistakes. She also shares practical strategies for keeping projects on schedule, from financial penalties to completion bonuses. Habitat's Emily Myers conducts the interview.
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| How to Collect Overdue Maintenance Without Going to Court | 26 mai 2025 | 00:21:56 | |
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, plus how suspending amenities creates real pressure without major legal costs. Beltrani also explains the circumstances under which co-op boards can successfully demand payment from unit owners' mortgage lenders, and why quick action is crucial before arrears become nearly impossible to collect. Whether you're dealing with your first delinquency or chronic non-payers, these proven tactics could save your building thousands in legal fees. Habitat’s Carol Ott conducts the interview.
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| Protecting Your Building from Renovation Nightmares | 19 mai 2025 | 00:12:39 | |
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 one missing date; unauthorized work that proceeds without proper permits while everyone looks the other way; and the maintenance disasters that can fall through the cracks when apartments change hands. You'll learn exactly why violations end up hitting your building instead of negligent owners, and how poor record-keeping can leave you defensively scrambling to prove who's responsible for what. Most importantly, get practical strategies for bulletproofing your alteration process, from mandatory check-ins with reviewing architects to creating ironclad electronic filing systems that survive management company changes. Habitat's Carol Ott conducts the interview.
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| Smart Strategies for Managing Smoking in Your Building | 12 mai 2025 | 00:14:11 | |
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 or marijuana smoke wafting from terraces, this episode provides the toolkit you need to craft solutions that protect health concerns while respecting personal freedoms. Habitat’s Paula Chin conducts the interview.
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| From Arrears to Foreclosure, Collection Strategies That Work | 05 mai 2025 | 00:14:59 | |
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 compared to bank foreclosures. With arrears management being crucial to community financial health, these time-tested strategies will help you maintain your building's solvency while navigating sensitive owner situations. Habitat's Carol Ott conducts the interview.
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| When the Business Judgment Rule Works — and When It Doesn't | 30 avr. 2025 | 00:16:43 | |
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 enclosures where the same judge ruled differently on nearly identical situations. And most importantly, understand when your D&O insurance will defend you versus when it won't pay out. Habitat's Paula Chin conducts the interview.
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| Drawing the Line: Who Pays When Your Co-op or Condo Breaks? | 24 avr. 2025 | 00:16:49 | |
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.
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| David vs. Developer: Protecting Your Property Rights | 17 avr. 2025 | 00:14:03 | |
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.
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| The Eviction Playbook: How Boards Can Legally Handle Problematic Residents | 09 avr. 2025 | 00:16:20 | |
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.
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| When Accessibility Meets Complexity | 24 mars 2025 | 00:13:00 | |
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.
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| The Secret Weapon Against Difficult Sponsors | 17 mars 2025 | 00:09:39 | |
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.
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| Don't Get Sued Over Pet Policies | 10 mars 2025 | 00:18:43 | |
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.
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| Injunctions: A Powerful Tool for Co-op and Condo Boards | 04 mars 2025 | 00:12:57 | |
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.
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| Serving on Your Board? The Liability Trap No One Warned You About | 26 févr. 2025 | 00:12:41 | |
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’s Carol Ott, Cummins highlights several alarming gaps in typical indemnification language.
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| Understanding Co-op and Condo Bylaws | 17 févr. 2025 | 00:11:10 | |
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.
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| Defects After Move-In: How Boards Can Hold Sponsors Accountable | 10 févr. 2025 | 00:20:30 | |
In this informative Legal Talk 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.
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| The $300,000 Mistake: How Boards Can Avoid a Violation Crisis | 03 févr. 2025 | 00:17:58 | |
Navigating building violations can be tricky for co-op and condo boards, especially when it comes to determining responsibility for corrections. In this enlightening discussion with attorney Brandon James of Borah Goldstein, board directors will learn crucial guidelines for managing violations effectively and avoiding costly mistakes. Habitat's Paula Chin conducts the interview.
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| When Time Runs Out: Protecting Your Building's Legal Claims Before It's Too Late | 27 janv. 2025 | 00:14:31 | |
In this episode of Legal Talk, Jennifer Stewart, a partner at the law firm Smith Buss and Jacobs, explains to Habitat's Emily Myers how critical the importance of understanding statutes of limitations for co-op and condo board directors is. The discussion reveals how timing can make or break a board's ability to pursue legal claims or defend against them.
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| Beyond "No": The Smart Board's Guide to Handling Document Requests | 20 janv. 2025 | 00:16:23 | |
Tracy Peterson, a partner at the law firm Braverman Greenspun, joins Habitat's Paula Chin for an essential discussion on how co-op and condo boards should handle resident requests for information and documents about fellow residents. Peterson draws from her extensive experience to explain when boards must share information, what they can protect, and how to avoid unnecessary litigation.
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