In my time acting as outside general counsel to cooperative and condominium boards, I have become increasingly convinced that the job has been getting harder and harder. Admittedly, this feeling could be just a variation on the so-called Socratic paradox that the more I learn about the role, the more I realize what I do not know. People who develop expertise in a field often comment on the humbling irony that greater knowledge tends to reveal greater ignorance    Read the article…………………………….

If you’re on a coop or condo board, you already know: getting enough shareholders or unit owners to show up at the annual meeting can feel like pulling teeth. And when it comes to finding people willing to run for the board? That’s often even harder.  So what gives?    Read the article…………………………….

Over the years, the various condo boards at a small converted loft building commissioned several facade engineering studies. All of them discovered noticeable cracking and recommended remediation. Each board apparently believed that a long-standing brick building was safe — and they apparently were unwilling to pay for repairs that were not absolutely necessary — and so they never moved forward with the suggested fixes.    Read the article…………………………….

What happens when a shareholder or a unit-owner calls your bluff and says, “Bring it on?” Bruce says, “Then you really have a dilemma. Either you pursue the litigation, carry through on your threat, and seek legal fees in conjunction with that litigation, or you cave. And if you back down, then you are going to lose credibility with that recalcitrant resident who is going to consider your board to be a paper tiger.”   Read the article…………………………….    (A link to a PDF version of the full article can be found at the bottom of the page)

The city’s zeal to enforce new environmental laws is set to crush the City’s middle-class housing stock under the weight of shockingly untenable fines.  At issue is the implementation of Local Law 97, which was passed in 2019. The ambitious law sets emissions limits for buildings over 25,000 square feet, aiming to reduce greenhouse gas emissions by 40% by 2030 and 80% by 2050.   Read the article…………………………….

As a co-op or condo board member, you’re likely feeling the pressure of Local Law 97 (LL97)—one of NYC’s most ambitious climate laws. Designed to reduce carbon emissions from large buildings, LL97 comes with strict emissions limits and potential fines for non-compliance. But what happens when your building wants to comply but simply doesn’t have enough electrical capacity to fully electrify?   Read the article…………………………….

They didn’t know it at the time, but when 41-15 44th St. Owners Corp. committed to two big renovation projects last year, the timing was perfect. The 71-unit co-op in Sunnyside, Queens, bit the bullet on nearly $600,000 in combined elevator upgrades and facade repairs, which was paid through a line of credit as well as a four-year assessment.   Read the article…………………………….

Labor law insurance claims continue to threaten insurance coverage for buildings, but there are some actionable items co-op and condo boards can take to reduce this exposure. Sean Kent, senior vice president at FirstService Insurance Brokers, explains what they are, and how a 250-unit Bronx co-op overcame an insurance crisis when labor law claims threatened their coverage.     Listen to the podcast…………………………..

There’s a simple reason why New York City co-ops and condos remain so expensive and why rents are at all-time highs: the supply of housing units has historically failed to keep up with demand. Now a new force is getting ready to worsen the city’s housing crisis. More than 80,000 housing units in New York City and the southern shore of Long Island could be lost to floods over the next 15 years, according to a new report by the Regional Plan Association, a nonprofit civic organization. And those staggering losses could double by 2070.     Read the article…………………………….

The much despised sidewalk sheds are the bane of co-ops and condos undertaking building repairs, but new rules passed by the City Council to remove unsightly scaffolding could create more challenges and costs for boards. The regulations significantly reduce the duration of sidewalk shed permits for facade repairs from one year to three months. They add new penalties of up to $20,000 each time a plan, permit and facade repair isn’t completed within a specific timeline.   Read the article…………………………….

A likely revision to the state’s solar tax credit could be a windfall for New York City co-op and condo boards struggling to pay for retrofits that will cut their buildings’ carbon emissions and bring them in compliance with Local Law 97.    Read the article…………………………….

A likely revision to the state’s solar tax credit could be a windfall for New York City co-op and condo boards struggling to pay for retrofits that will cut their buildings’ carbon emissions and bring them in compliance with Local Law 97.   Read the article…………………………….

The sweeping economic sanctions spawned by Russia’s invasion of Ukraine impact co-op and condo operations in terms of admissions and collection procedures and the administration of certain services to building residents. This is because conducting business with foreign nationals or entities who are subject to the sanctions could expose an association to enforcement proceedings by the United States Treasury Department.   Read the article…………………………….

……he matter of Trump Village Section No. 4 v. Gene Vilensky a/k/a Gene Vilenskiy, Index No. 522355/2016 (Kings County), where a residential housing corporation’s concern about alleged statements made in a purchase application played a central role. Deborah and Andrew limit the discussion to the coop’s claims (1) for monetary damages arising out of its claim that it was fraudulently induced to waive its right of first refusal and (2) for rescission of the defendant’s occupancy agreement.     Read the article…………………………….

A recent court case involving a dispute between the board of The Parc Vendome—a 587-unit prewar condo building on Manhattan’s West Side—a commercial tenant in the building, and the building’s own residents has thrown new light on the question of how and what is the proper process for condominium boards to approve commercial leases, or exercise their right of first refusal in rejecting one.     Read the article…………………………….

For years residents at 3025 Ocean Ave., a 91-unit post-war co-op in Sheepshead Bay, lived with leaks and water damage as a result of a neglected facade. Inspection reports were repeatedly rejected as incomplete by the Department of Buildings, resulting in violations. With shareholder concerns ignored, “people started fixing the leaks themselves from the inside,” says Leonard Altman, who successfully ran for board president three years ago in an effort to protect his investment in the co-op.     Read the article…………………………….

Discover how proper management of maintenance payments and common charges directly impacts your building’s financial stability. Payments are typically considered late after the 10th of each month, with property management companies using software platforms like AppFolio to track payment patterns and identify potential issues.   Listen to the podcast…………………………..

Stuffy corridors, dripping vents and a D grade for energy efficiency: These were just some of the problems plaguing the board at One Grand Army Plaza, in Brooklyn’s Prospect Heights. Built in 2008, the glass-clad, 15-story condo has long been uncomfortable inside during the summer. “We were getting a tremendous amount of humidity and the floors were becoming slick,” says board president Marla Maritzer. Having previously worked with En-Power Group to replace the aging chiller and partially electrify, the board turned to the engineering firm again to problem-solve the building’s inefficient ventilation.    Read the article…………………………….

For New York City’s co-op and condo boards and their management companies, those mandates never seem to stop coming. A new batch is on the way from the department of Housing Preservation and Development (HPD).  Common areas. Beginning Monday, March 17, building owners, including co-op and condo boards, must include testing of common areas when they perform X-Ray Fluorescence (XRF) lead paint testing of dwelling units in their buildings, as already required by law. The testing of common areas must be completed no later than Aug. 9, 2025.    Read the article…………………………….

Last week we reported that the average price of Manhattan condos far outstripped the average price of co-ops over the past decade. Average condo prices were up 15.2% (to around $2.84 million), while co-ops went down 1.3% (to $1.33 million).   Read the article…………………………….

Just when you thought NYC had enough local laws to keep your property manager scrambling, here comes another one! As a volunteer board member, you already have your hands full—so how are you supposed to keep up with it all? Local Law 111 is the latest regulation expanding lead paint inspection requirements, and it applies to more buildings than ever before.    Read the article…………………………….

The law does not require boards or managing agents of condominiums to provide notice of a bed bug infestation to unit owners, since the disclosure obligation is limited to “tenants and lessees” and condominium unit owners are not considered tenants or lessees.    Read the article…………………………….

Faced with an aging and unreliable oil-fired boiler, Stanton Young, the board president at a small seven-unit Upper West Side co-op, was tempted to make the relatively simple switch to gas. “A new boiler would have been easier,” he says. However, a Con Edison clean heat rebate presented an opportunity. Replacing the old boiler with cold climate heat pumps to provide the building’s heating and cooling cost north of $100,000, but the rebate amounted to $49,000, almost halving the cost for the co-op. “That made it more interesting to us,” Young says.    Read the article…………………………….

An accident during a renovation at your New York City condo or co-op building is every board’s nightmare. But buildings should also be wary of another threat: falsified accident claims.  Fraudulent construction accident claims have garnered headlines and a recent protest over the past year. Three property managers Brick Underground spoke with had seen suspicious lawsuits where a construction worker claimed to have been injured while working at a condo or co-op building, including a suit with no ambulance records or witnesses.    Read the article…………………………….

For co-op and condo boards wanting to dial back on fossil fuel use, the laundry room presents an opportunity. At The Brevoort, a 266-unit co-op in Greenwich Village, the board has embraced the chance to decarbonize this amenity by switching out gas-powered dryers for energy-efficient electric models. However, the project isn’t a simple equipment switch, since significant infrastructure upgrades are required. “We had to run new electricity in there,” says board president Diane Nardone.   Read the article…………………………….

At some point, every co-op and condo board confronts the question of imposing an assessment to pay for capital repairs. Assessments come in all sizes and they’re rarely popular with shareholders or unit-owners, but here’s a four-part primer that will ease the inevitable pain.   Read the article…………………………….

At some point, every co-op and condo board confronts the question of imposing an assessment to pay for capital repairs. Assessments come in all sizes and they’re rarely popular with shareholders or unit-owners, but here’s a four-part primer that will ease the inevitable pain.    Read the article…………………………….

Compliance with local laws is a crucial part of every co-op and condo board’s duty to maintain building safety and avoid costly fines and penalties. But with the tsunami of city regulations, rules and inspections constantly pouring in, it can be challenging to stay on top of it all. The good news: competent management companies are rising to the challenge.    Read the article…………………………….

New York City’s skyline is dotted with condominiums, each housing a unique community with its own set of rules and challenges. Disputes often arise between condo owners and the boards of managers tasked with overseeing the building’s operations. These disputes can range from breach of contract claims to allegations of fraud and misrepresentation. This blog post examines a series of recent court decisions addressing a variety of legal issues arising in the context of New York City condominiums.     Read the article…………………………….

For co-ops and condos needing to balance energy efficiency with financial constraints, the experience of 668 Riverside Drive, a 64-unit prewar condo in Hamilton Heights, offers insights. The building recently fine-tuned its boiler and steam heat operations to reduce costs by around 10% — without the need for an assessment. The work, including an initial energy audit, cost around $25,000 after NYSERDA and Con Edison incentives covered roughly 50% of the upgrades.    Read the article…………………………….

History is destiny, some say. Nowhere is this adage truer than in today’s hard insurance market, where co-op and condo boards are finding that a history of major insurance claims often leads to rising premiums, shrinking coverages and, in some cases, an inability to renew existing policies or find a new insurance carrier willing to underwrite such a risky building.   Read the article…………………………….

New York City residents, already grappling with some of the country’s highest housing prices, face extra costs to comply with a law mandating greenhouse gas emission cuts at their buildings.  At Queensview cooperative, residents in the 726-unit housing complex — about half of whom are retirees — fear that their roughly $1,000 maintenance fee will soon double to cover the cost of electrifying their heat and hot water systems over the next five years. “People have very large mortgage payments” and may not be able to handle the added burden, said Alicia Fernandez, treasurer of the co-op.    Read the article…………………………….

The Corporate Transparency Act has turned into a game of pinball.  The latest in the growing string of mystifying bounces is that, despite a recent ruling by the U.S. Supreme Court to reinstate the paused law, it’s still on hold because a second court has deemed the law unconstitutional. That second injunction on enforcement of the law still stands, meaning the law is back on hold. For now.     Read the article…………………………….

A New York co-op board used a public adjuster to file a lawsuit against its neighbor’s insurance carrier after a wastewater line failure, resulting in a full payment of the damages and an opportunity to repair decades-old wastewater pipes.    Read the article…………………………….

The annual meeting is a cornerstone event for any coop or condo building. It’s not just about checking off a governance requirement; it’s an opportunity to foster transparency, engage shareholders or unit owners, and build trust in the board’s leadership. Importantly, this is where the board members are elected, making it a critical event for shaping the building’s governance.    Read the article…………………………….

For co-op and condo boards, the first deadline for reporting on their buildings’ carbon emissions under Local Law 97 is looming on May 1. While some 90% of the 50,000 covered buildings are already in compliance with 2024’s carbon caps, that number will drop to around 50% when the caps become more stringent in 2030. As a result, Bloomberg reports, co-op and condo residents across the city are raising alarms that they could face crippling monthly fee increases to absorb the cost of clean-energy retrofits.    Read the article…………………………….

For prewar buildings looking to reduce their carbon footprint, it might well be worth evaluating how much fossil fuel is being used to heat your lobby. That’s exactly what the board at 1120 Fifth Ave., a landmarked 45-unit co-op in Carnegie Hill, did, which turned out to be the first step in transforming the 1,800-square-foot lobby from a gas-guzzling space to one that’s fully electrified.   Read the article…………………………….

There’s one less thing for New York City’s condo and co-op boards to do this year, at least for now: They don’t yet need to comply with a new federal law meant to target money laundering.   Read the article…………………………….

New York City residents, already grappling with some of the country’s highest housing prices, face extra costs to comply with a law mandating greenhouse gas emission cuts at their buildings.  Read the article…………………………….

New York City residents, already grappling with some of the country’s highest housing prices, face extra costs to comply with a law mandating greenhouse gas emission cuts at their buildings……The bill is starting to come due for many property owners throughout the five boroughs that must make significant capital upgrades to comply with Local Law 97, which requires nearly 50,000 large buildings to cut their emissions starting this year or face fines.     Read the article…………………………….

In Manhattan co-ops, resolving disputes between neighbors can be a delicate process. A recent New York Times article tackled this issue, highlighting a situation where one shareholder’s HVAC installation was causing problems for another. I was honored to contribute my perspective on how to navigate these challenges effectively and amicably.     Read the article…………………………….

With inventory limited, demand high, and prices even higher, the housing market in New York City—and indeed, the whole country—is in a state of crisis. It’s one of the few things lawmakers, activists, and nearly anyone trying to purchase a home in the last few years can agree on. Proposed solutions have included everything from zoning changes allowing more residential development in less-densely populated boroughs to converting office towers left half-empty from the pandemic’s work-from-home exodus into residential units.   Read the article…………………………….

While some co-op and condo communities have tried social media platforms like Facebook, Instagram, TikTok, or Twitter/X as ways to build community spirit and facilitate better communication between neighbors, management, and even the board, most have remained ‘old-school,’ sticking with newsletters, bulletin boards (both digital and cork) in the lobby or mail room, and email blasts to residents. With the ubiquity of social media these days, it may be worthwhile to ask why multifamily communities haven’t really embraced it.  Read the article…………………………….

The clock is ticking for boards hoping to take advantage of the newly passed J-51 rules to offset their co-op and condo renovation costs. With the mayor’s signature on December 18 setting the new legislation into law, boards face a tight timeline: applications must be filed within four months of either the law’s effective date or a project’s completion. “If your work is already done, the application filing deadline is April 18, 2025,” explains attorney Benjamin Williams, head of the property tax department at Rosenberg & Estis.     Read the article…………………………….

Some call it a transfer fee. Others call it a flip tax. Regardless of the label, it’s a percentage of an apartment’s sale price that goes into a co-op’s coffers. It’s a tool that’s beloved by many co-op boards struggling to balance their budgets, but often loathed by apartment sellers.    Read the article…………………………….

We urge our clients to consider new legislation which profoundly impacts admissions practices in community associations in New York City. The legislation, popularly known as the “Fair Chance for Housing Act,” becomes effective on January 1, 2025. The provision primarily applies to cooperative boards as they are directly involved in interviewing candidates for admission to the community. However, it also applies to those condominium and HOA boards which use applications and interviews as part of the Right of First Refusal process.    Read the article…………………………….

There are said to be more than 1 million domesticated cats and dogs in New York City, a number that rose sharply during the pandemic. Given that fact of city life, co-ops and condos with a poorly crafted pet policy — or none at all — are leaving themselves vulnerable to a nasty bite. So it’s wise to have a policy in place — outside of what the law requires for service and emotional support animals.   Read the article…………………………….

New York City recently passed Local Law 24, also known as the Fair Chance Housing Act, which prohibits housing discrimination based on criminal history. The law will go into effect on January 1, 2025.  The law applies to all housing providers, including co-ops, condos, and HOAs. It significantly impacts how these organizations conduct background checks and approve or deny applications.    Read the article…………………………….

What’s your biggest fear of living in an apartment building?  Sure, leaks from burst pipes are costly and inconvenient, but fires? Fires are terrifying. They can escalate quickly, cause significant damage, and put lives at serious risk. The good news? Fires are often preventable if you take proactive measures. Here’s what every co-op and condo resident and board member should know to protect their building from a disaster.     Read the article…………………………….

The years of heated disagreement are almost over. On Jan. 1, 2025, the controversial Fair Chance For Housing Act will go into effect in New York City, making it illegal for housing providers, including co-op and condo boards, to refuse to sell or rent housing because of a person’s criminal history.     Read the article…………………………….