Condominiums and Cooperatives

Successful condominium and cooperative management requires strong governance policies, proactive risk management, and a deep understanding of the complex, ever-changing legal issues that impact day-to-day operations. Clients demand lawyers that can bring cost-effective, creative solutions to their board administration.

HOW WE HELP

Seyfarth’s Condominiums and Cooperatives practice serves as general counsel to approximately 175 condominiums and cooperatives. Comprised of attorneys who focus on transactional real estate, real estate litigation, construction, disability law, and labor and employment, the group is supported by the national resources of over 900 attorneys, including tax, corporate, bankruptcy, and trusts and estates attorneys. Our group boasts the experience and influence of and includes the current and former co-chairs of the New York State Bar Association’s Condominiums and Cooperatives Committee, and two former assistant attorneys general from the Real Estate Finance Bureau.

We assist clients in every aspect of governance and operations, including:

• Drafting, revising, and modernizing governing documents, including proprietary leases, bylaws, house rules, and rules and regulations.
• Attending board meetings when necessary to render advice with respect to the decisions and actions of the board.
• Preparing documents necessary for annual and special meetings of unit owners (e.g., notices, proxies, proposed resolutions, and amendments to bylaws and proprietary leases).
• Attending annual and special meetings of shareholders and unit owners, rendering advice with respect to the procedures at such meetings, and answering questions from shareholders and unit owners.
• Preparing necessary documents to amend the procedures for nominating and voting for members of the board.
• Pursuing claims of construction defects against sponsors on behalf of boards and unit owners, and defending construction defects claims asserted against sponsors
• Advising clients on employment law issues such as the Pregnant Workers Fairness Act, the NYC Earned Sick Time Act, and the NYC Living Wage Law.
• Advising in connection with unit or share purchases or other ownership transfers.
• Preparing, reviewing, and negotiating the terms of all contracts submitted to the board for approval, including construction and service contracts and leases.
• Preparing and reviewing resolutions and minutes of meetings.
• Reviewing the legal accuracy of all communications to be delivered to shareholders and unit owners.
• Preparing guidelines and agreements for apartment and unit alterations.
• Reviewing and rendering advice regarding litigation proposed to be initiated or defended by the board, and advising and guiding boards on insurance coverage and notification regarding defense of actual and potential claims and litigation.
• Serving as litigation counsel for real estate, cooperative, condominium, commercial, employment, and construction-related litigation.
• Negotiating and drafting retail and commercial leases, including garage agreements and leases.
• Helping clients navigate through emerging issues, such as COVID-19, the Climate Mobilization Act, and Airbnb.
• Representing cooperatives and condominiums in appearances before and in negotiations with governmental and administrative agencies, including the New York State Department of Law, New York City Department of Finance, New York State Department of Taxation, New York City Department of Buildings, New York City Commission on Human Rights and New York State Division of Human Rights, New York City Environmental Control Board, and New York City Division of Real Property.
• Handling charges of discrimination, harassment, and wrongful termination of employees at the city, state and federal levels.
• Advising clients on the impact of the Americans with Disabilities Act (ADA) Title II requirements and compliance responsibilities on property operations and management, as well as reasonable accommodation issues for residents, employees, and guests.
• Guiding clients through employee-relations issues and negotiating with labor unions.
• Advising on zoning issues.
• Assisting with the financing of cooperatives.
• Handling sponsor and attorney general matters.
• Handling various other matters, including corporate and securities, banking, tax, and intellectual property law matters.

THE SEYFARTH EXPERIENCE

We serve as true partners to our condominium and cooperative clients, leveraging our existing knowledge to provide cost-effective representation. Our real estate team frequently works with our industry-leading technology R&D team, Seyfarth Labs, to build solutions that maximize speed and efficiency for our clients. We also provide our clients with updates concerning changes in the law which may affect board members, condominiums and unit owners, and cooperatives and shareholders, and hold briefings on topics of interest.