The Rules That Backfire

A building can follow its written rules and still leave its owners carrying an unfair share of the cost. Condo and co-op consultant Mark Foley joins Eugene Gershman to examine what developers leave behind after the units are sold: governing documents, renovation controls, maintenance expectations, and a board that has to make the building work. Mark describes a co-op conversion in which the developer retained an apartment with a disproportionately small share allocation, shifting the ongoing burden toward other residents. The conversation moves from that imbalance to everyday failures that become expensive: unapproved plumbing, dryers vented into ceilings, leaking windows patched without fixing the underlying problem, and rules enforced differently for board members and everyone else. Eugene brings the developer's perspective on construction documentation, water intrusion, and the limits of relying on insurance to solve a construction defect. Mark also explains why a board needs room to adapt its rules without making major changes too easy, and why direct communication can prevent residents from filling an information gap with their own explanations. These are accounts of particular buildings and professional experiences, rather than universal legal or insurance rules. Guest Bio Mark Foley is president and co-founder of The Folson Group, a New York City consultancy serving co-op and condominium boards. His work includes board education, financial review, cost reduction, capital-project coordination, and support with property-management searches. During the interview, Mark describes his experience as president of his own co-op board and explains why volunteer directors need clear systems and practical support. Episode Highlights and Chapters 0:00 — Opening highlights Three guest-led moments introduce unequal cost allocations, renovation oversight and board control. 0:50 — Land to Legacy intro The approved show introduction. 1:01 — The developer and the future board Eugene frames the practical friction between a condominium developer and the owners who will govern the building. 2:21 — Support for volunteer board members Mark explains how consulting support differs from property management and helps directors coordinate decisions and capital work. 4:58 — Governance starts with clear processes The conversation connects governing documents, transparency, communication and equal treatment of residents. 7:15 — Who carries the shared costs Mark distinguishes condominium ownership from co-op shares before describing a developer-retained apartment with an unusually small allocation. 11:23 — Maintenance and moisture problems Freeze-thaw cycles, blocked drains and surface repairs illustrate why the building needs a workable maintenance process. 12:35 — Subscribe and join the conversation A short reminder between the completed maintenance discussion and the next chapter. 13:01 — Developer control before turnover Eugene opens a new question about what developers should prepare while they still control the board, leading into renovation safeguards. 13:47 — Renovations and qualified trades Mark describes contractor qualifications and insurance, then gives examples of unauthorized work that affected the building. 18:00 — Floors, noise and consistent approval Floor coverings and unapproved equipment bring renovation rules and enforcement into residents’ daily lives. 22:38 — Why house rules keep growing Mark discusses new problems that prompt new restrictions and the limits of anticipating every future dispute. 24:31 — Voting thresholds and major changes Mark discusses major governance changes and the participation problems his own building encountered. These are building-specific examples. 27:36 — Construction failures that last for years Facade anchors, waterproofing and insulation lead into Eugene’s account of construction quality and insurance requirements. 31:55 — A retail dispute during subway construction A sidewalk obstruction becomes the basis for a claim; Mark recounts how the building and insurer responded. 34:49 — Explain disruptions before rumors form Mark closes with direct resident communication, practical expectations and the cost of letting secondhand explanations spread. 36:00 — Connect with Mark Mark identifies his service area, The Folson Group website and direct phone contact. 36:34 — Land to Legacy outro The approved show closing. Contact Information Guest - The Folson Group: https://www.thefolsongroup.com/ - Phone, as stated by Mark in the interview: 212-472-0114 Episode lessons Practical lessons from this conversation include examining shared-cost allocations, setting renovation controls, and explaining disruptions before they become disputes. Development resources Get the free GIS Feasibility Study Checklist Considering development? Before you spend on design, use GIS's free Feasibility Study Checklist to organize the basic property facts, identify questions that still need answers, and prepare for a more useful conversation with your development team. - Eugene Gershman: https://egershman.com/ - GIS Companies: https://giscompanies.co/ - Land to Legacy: https://egershman.com/podcast/ - Apply to be a guest: https://egershman.com/podcast/guest/ This conversation is for general information about condominium and co-op development, governance, and building operations. It does not constitute legal, investment, financing, construction, or insurance advice. Requirements depend on the building, governing documents, jurisdiction, and applicable policy.