Condominium Association And Co-Op Board Counsel For Westchester County And New York
At Gettinger Waldinger Monteleone Gushue & Hollis, LLP, we provide focused legal counsel to condominium associations and housing cooperatives throughout Westchester County and New York. While our community association law practice covers HOA governance broadly, this page addresses the distinct legal frameworks governing condominiums under the New York Condominium Act and co-ops under the Business Corporation Law and proprietary lease structure.
Boards often consist of volunteers who need support understanding their roles, responsibilities and legal requirements. We are here to help.
We stay abreast of changes and developments in the law and advise boards as to the necessary updates to policies that must be made. We negotiate major construction contracts and vendor agreements and provide skilled dispute resolution services. We also provide representation before administrative agencies and are experienced litigators.
An Established Firm For Condominium And Homeowners Associations And Housing Cooperatives
With decades of experience, our attorneys have helped hundreds of board members resolve a variety of real estate and board member disputes. These issues include:
- Creating or modifying proprietary leases, by-laws and rules
- Establishing owner and board election protocol and disputes
- Construction contracts, vendor agreements and liens
- Defense of board members if litigation is brought by a unit owner
- Collection of common charge arrears, including bankruptcy-related litigation
- Resolving disputes between shareholders and board election protocol
- Defense of board members in litigation initiated by shareholders
- Defense of discrimination and personal injury actions
- Defense of Fair Housing Act claims
- Preparation of easements and licenses
- Analysis and litigation of insurance coverage issues
- Financing of capital repair and replacement projects
- Actions against sponsors/developers for breach of warranty or faulty construction
- Function as a cooperative transfer agent
We offer accessible legal counsel and representation for condominium boards, co-ops and HOAs. Depending on the issue, we work independently or as a team to resolve your case in the most cost- and time-efficient manner.
How New York’s Condominium Act Affects Your Board’s Rights And Obligations
Condominiums in New York operate under the Condominium Act, codified in Real Property Law Article 9-B. This statute establishes the legal foundation for board authority, unit owner rights, common element management and assessment lien enforcement. The Act creates distinct rules that differ meaningfully from those governing homeowners associations.
We advise condominium boards on three critical areas:
- Sponsor liability for construction defects: When developers build and sell condominium units, they remain liable for construction defects and warranty obligations. We help boards identify defects, preserve claims against sponsors and pursue litigation to recover repair costs.
- Reserve fund compliance: While New York State law does not legally mandate that condominium boards maintain a reserve fund, maintaining adequate capital reserves is highly recommended and essential for secondary mortgage lender approval (such as Fannie Mae guidelines) and fiduciary oversight.
- Common charge enforcement: When unit owners fail to pay common charges, the association holds a statutory lien on the unit. We guide boards through the lien foreclosure process, collection litigation and bankruptcy proceedings to recover unpaid assessments.
Our experience with Article 9-B helps boards navigate these complex requirements while protecting the association’s financial interests.
Providing Strategic And Effective Legal Counsel For New York Housing Cooperative Boards
Housing cooperatives differ fundamentally from condominiums and homeowners associations. In a co-op, residents do not own their individual units. Instead, they own shares in a corporation that owns the entire building, and those shares entitle them to a proprietary lease for a specific unit.
Our firm handles co-op-specific legal matters, including:
- Proprietary lease drafting and enforcement: We draft, review and amend proprietary leases and represent co-ops in lease termination proceedings.
- Share transfer approval and rejection: We counsel boards on legal standards for rejecting prospective purchasers while minimizing discrimination claims.
- Shareholder disputes and litigation: We defend co-op boards in litigation brought by shareholders and represent boards in eviction proceedings.
- Corporate governance compliance: We advise boards on annual meeting requirements, election procedures and director fiduciary duties under the Business Corporation Law.
We understand the unique corporate structure of housing cooperatives and provide counsel tailored to the specific challenges co-op boards face.
What Is A Cooperative Transfer Agent And Why Does A Co-Op Board Need One?
A cooperative transfer agent maintains the official record of share ownership for the co-op corporation. When a shareholder sells their unit, the transfer agent updates the corporate stock ledger, issues new stock certificates and ensures that all transfer requirements have been met.
Our firm serves as transfer agent for numerous co-op corporations throughout Westchester County and New York. We handle the administrative and legal aspects of share transfers, verify board approval of purchasers, confirm that all fees have been paid and maintain secure corporate records that comply with legal requirements.
The Resolution And Guidance Your Board, Association Or Co-op Needs
At Gettinger Waldinger Monteleone Gushue & Hollis, LLP, we understand New York condominium law. Our team of attorneys is prepared to help. Call 914-595-1468 or send a brief email regarding your issue, and we will respond promptly.