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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.

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!

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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.

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!

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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.

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!

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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.

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!

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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.

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!

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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.

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!

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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.

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 a text

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.

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!