New York City Condo and Co-op Attorney

A dispute with the board, a conflict with another owner or tenant, a disagreement over the common areas, or a question about who pays for repairs can all disrupt your building and put a condo or co-op investment at risk.

At Richman Law Firm PLLC, we help owners/shareholders and board members handle legal issues that require experienced advice and representation. We know the compliance and regulatory requirements the Attorney General’s Office sets for these buildings. Contact us today for a free consultation.

Representation for Co-op and Condo Unit Owners/Shareholders

Issues Involving The Co-op and Condo Board

As an owner or shareholder, you may end up in a dispute with your co-op board. We handle disagreements over bylaws, proprietary leases, and house rules.

Issues Involving Individual Unit Owners, Shareholders, and Tenants

Conflicts with other owners, shareholders, or tenants make a building stressful to live in. Whether it’s a noise complaint or a dispute over shared spaces, we can help you work through it.

Issues Involving Property Damage and Repairs

When something is damaged, or a repair is needed, the first question is who has to fix it. Your building’s governing documents hold the answer. We can help you push for prompt, proper repairs.

Most of these disputes start and end in the governing documents. Bring us your bylaws or proprietary lease, and we’ll tell you where you stand.

Contact Us for a Free Consultation

In most of these disputes, the other side already has a lawyer. The board has counsel, and so does the sponsor. Talking to your own before you respond puts you on even footing.

If you’re an owner or shareholder, we handle disputes with the board, with other owners, shareholders, and tenants, and over property damage and repairs.

If you serve on a board, we can act as general counsel for daily operations and step in when issues come up with board members, management, owners, tenants, vendors, contractors, neighboring buildings, or other third parties. Contact us today for a free consultation.

Frequently Asked Questions

What are the board’s responsibilities?

Under New York condominium law, the board manages the common areas, enforces the bylaws and house rules, collects common charges, and insures the property. The board also prepares and manages the annual budget, hires and supervises staff and contractors, decides on major repairs and improvements, and has to comply with local, state, and federal laws. It arranges meetings, keeps the financial records, and gives unit owners financial statements. The board must act in the best interest of all unit owners and honor its fiduciary duty to the condo association.

Can the condo or co-op board change the rules?

Yes, but the process differs for condos and co-ops. In a condominium, changing the bylaws takes a vote of the unit owners. New York law requires at least two-thirds in a residential building, and some bylaws set the bar higher. House rules work differently. The board can change those itself, and the new rules have to be reasonable and consistent with the bylaws. In a co-op, bylaw changes usually take a shareholder vote.

Some governing documents let the board amend bylaws too, and shareholders keep the power to undo a board’s change. The co-op board can also update house rules when they stay consistent with the proprietary lease and bylaws.

Who pays for repairs in a condo or co-op?

Repairs depend on the type of building. In condos, unit owners are responsible for repairs within their units, and the condo association handles common areas and building systems. In co-ops, the co-op corporation handles repairs to the building structure, systems, and common areas, and shareholders are responsible for the interior of their apartments. The proprietary lease outlines the details. If an owner is negligent and damage occurs, they may be responsible for the repair costs, even for common areas.

Can I sue my condo or co-op board?

The business judgment rule protects actions taken in good faith and within the board’s authority. However, there are limits. Courts may step in when a board acts beyond the powers in the governing documents, acts in bad faith, or singles out an owner through self-dealing or unequal treatment, which covers many fights over fines and selective enforcement of house rules. Reviewing your bylaws or proprietary lease is usually the first step in telling an unpopular vote apart from unlawful conduct.

What can owners do about construction defects the sponsor won’t fix?

A condo board may bring claims against the sponsor when a new building has defects the offering plan said would not be there: leaks, facade problems, failing building systems. The usual legal basis is breach of contract or breach of the offering plan, since New York’s Martin Act, which governs offering plans, is enforced by the Attorney General rather than through private lawsuits. Contract-based claims commonly face a six-year limit, other theories can run shorter, and offering plans often add their own notice requirements, so an early review protects the claim.

Do unit owners have a right to see the building’s financial records?

Yes. New York’s condominium law requires boards to keep books of account and make them available to unit owners for inspection at reasonable times, and co-op shareholders have inspection rights under the Business Corporation Law and the common law. A request should name the records sought, and co-op shareholders may need to make a written demand stating the purpose. When a board refuses a legitimate request, owners can ask a court to compel access.

Does our board need a separate attorney for a construction dispute?

Often, yes. The attorney who advises your board day to day usually handles governance, closings, and proprietary lease questions, and construction litigation is a different practice. When a project fails, a contractor walks off the job, or defect claims surface, boards commonly retain litigation counsel to handle the dispute while their regular attorney keeps advising on building matters. Bringing in trial counsel does not mean replacing the attorney the building already trusts.

What happens if a contractor files a mechanics lien against our building?

A mechanics lien attaches to the property and can hold up unit sales and refinancing until it is resolved, so it puts pressure on the whole building, not just the board. New York law gives boards ways to respond, from challenging the lien to bonding it off, and each option has specific deadlines. This is litigation territory rather than building counsel work, and moving early preserves the board’s options.

What is the board’s exposure when a major project goes wrong?

Board members are volunteers, and New York law protects judgment exercised in good faith, but a failed project can still put the building at risk: cost overruns, claims from the contractor, and pressure from owners who want answers. That protection is strongest when the board acts on advice and keeps records of how it made decisions. At that stage, litigation counsel assesses the building’s claims and defenses before the next board meeting.