Legal Talk for Co-ops and Condos

Send us Fan MailIf 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.The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges.  For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

Send us Fan MailIf 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.The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges.  For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!

Send us Fan MailWhat 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.The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges.  For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!