when to fire a nyc co-op board's lawyer

by Paxton Heaney 10 min read

What are the laws for co-ops in New York State?

1 day ago · “Boards and individual board members may get sued—often in the same lawsuit—but it doesn’t mean you are liable for anything or that you have done anything wrong, just because you've made decisions as part of your role on a co-op or condo board,” says New York City real estate attorney Steven Wagner, a partner at Adam Leitman Bailey, P.C. who represents co-op …

Who is the owner of a co-op apartment in NYC?

Co-op Board of Directors BOARDS, BYLAWS AND RULES Letitia James Attorney General Dear New Yorkers, Owners of co-op apartments are both ... (BCL) is the main New York State law which governs how most co-ops must operate, with court decisions providing the case law which interprets the statute.

What are the penalties for violating NYC's co-op laws?

Jan 07, 2019 · January 13, 2020. Co op rules and regulations in NYC can be extremely onerous for residents. Since owners of co-op apartments are technically tenants vs owners of real property, the board of the co-op corporation which actually owns the building has enormous power over the residents. You’ll often encounter more rules in a co-op building vs a ...

Can a co-op board reject a buyer for no reason?

Real estate attorney Steve Wagner of the firm Wagner Berkow represents co-op and condo boards, serves on the board of his Manhattan co-op building, and has developed a niche expertise in defamation law. Wagner says he has seen a surge of inquiries about possible defamation lawsuits in the year since Donald Trump became president, a trend Wagner attributes to a …

Can I get kicked out of a co-op?

If you are a tenant in a co-op, you can be evicted. The board can start a non-payment proceeding or a holdover proceeding against you in Housing Court. Co-op boards have a lot of freedom in deciding how to run their buildings and whether to evict a tenant for objectionable conduct.

How do I get out of a coop contract?

Review your co-op's bylaws. ... Draft a letter of intent to drop your membership and leave the co-op. ... Sign your letter of intent in front of a notary. ... Meet with co-op officials within a week of your move out date. ... Pack your belongings ahead of time.

How long does it take to close a coop in NYC?

Answer: On average, it takes about 60 days from acceptance of an offer to close on a New York City co-op, according to James Woods, Esq., managing partner at Woods Lonergan PLLC, a Manhattan-based law firm that concentrates on real estate and in particular, buyers, sellers, and cooperative representation.Oct 21, 2021

What happens after you pay off a co-op?

When you pay off the cooperative loan, the bank will return the original stock and lease to you and will also forward a “UCC-3 Termination Statement” that must be filed in order to terminate the bank's security interest in your cooperative shares.

What happens if you leave a coop?

When leaving a co-op profile, if there's still at least a member on it, the Private Island will still remain available for them. All the player's items and progress on the co-op profile will be removed and is salvageable by their co-op members.

Is a NYC co-op a good investment?

Is buying a coop a good investment? Buying a coop can be a good investment under certain circumstances as New York City's real estate has been on an upward trend in recent years. That means that if you plan to buy a coop and live in it for an extended period, it will likely appreciate and prove to be a good investment.Nov 11, 2020

Is a co-op a good investment?

With double digit annual property value gains like that, it comes to no surprise that coops have made an excellent investment for those that have bought into them and continue to be a great opportunity for those looking to enter the market. For more Manhattan real estate market insights, read the Elliman Report.

What is the benefit of owning a co-op?

The main advantage of purchasing a co-op is that they are often cheaper to buy than a condo. Co-ops are typically more financially stable. The instance of foreclosure is rare. Co-ops are typically going to be a higher owner occupancy rate.

Why do co-op boards take so long?

Because they often spend weeks gathering and compiling financial documents, getting multiple personal and business letters of recommendation, wading through bank commitment forms and Aztec agreements, prospective buyers and their agents are impatient with the time it takes for managing agents to process their weighty ...Jul 3, 2012

Do co ops appreciate in value?

Market rate co-ops tend to not rise in value as rapidly as condos. Low-income co-ops (which have lower purchase prices and income restrictions) also appreciate at a limited rate.Feb 1, 2022

What is a co-op in NYC?

What is a co-op in New York City? Co-op is short for “cooperative.” When you buy a co-op apartment, you are actually buying shares in a corporation that owns the building. That might sound strange given a co-op listing advertises a specific apartment but technically, the buyer is purchasing shares.

What is a chicken coop?

1 : a cage or small enclosure (as for poultry) also : a small building for housing poultry. 2a : a confined area.

How long is the term of a board member?

At the annual meeting of shareholders, held each spring in accordance with the bylaws of the corporation, Board members are elected to a one-year term of office. Board members who have an approved resale package are expected to resign.

How long can a shareholder sublet an apartment?

There are some buildings that only allow subletting on an emergency basis, and will only allow shareholders to sublet their apartments for a total of one or two years, meaning that a shareholder can only sublet one or two years in their entire lifetimes. Co-ops are even tougher when it comes to selling your apartment.

What is the purpose of a committee in a corporation?

COMMITTEES. The Board of Directors has created committees to concentrate on certain areas of management within the corporation and to assist in making decisions. Committees are assigned projects by the Board, and are expected to study the subject in depth and make recommendations to the Board based on their research.

Where is the bulletin board located?

BULLETIN BOARD. To keep all residents informed of developments and information of importance to the cooperative, a bulletin board is located in the lobby. Notices, announcements and information are posted on the bulletin board by the Board of Directors, the Superintendent or the Managing Agent.

What is the buzzing doorbell in the lobby?

Buzzing the doorbell marked “Super” in the lobby. The doorbell is attached to a beeper that will alert him at any location in the building; he will arrive at the front door as soon as possible.

Where are fire extinguishers located in an apartment?

Fire extinguishers are located in both stairwells on every floor, in the Superintendent’s apartment, the laundry room, the generator room, the gas and electric room, the compactor room, and the passenger elevator motor room. If there is a fire in your apartment, call the fire department at once.

What does a counsel do?

Counsel provides advice on all legal matters affecting the corporation. This includes, but is not limited to, drafting and reviewing contracts and other legal documents, representing the corporation at closings on sales of units, and representing the corporation in litigation.

Our Services

From owners to board members to tenants to developers, our attorneys handle co-op and condo matters in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Westchester, Nassau and Suffolk Counties. Our services include:

Learn More About Us

If you are seeking a qualified, trusted legal team to help with an issue involving a cooperative or condominium, reach out to our team to learn more about us and how we can help.

What is a pre-approval letter?

Typically, a mortgage pre -approval letter is provided by a mortgage banker after examining your credit report, income, assets and liabilities. How intensely the mortgage banker verifies the income, assets and liabilities of the borrower will vary, and may simply be what the borrower tells the mortgage banker.

Is the mortgage process in NYC mysterious?

The NYC mortgage process can by mysterious even for the most seasoned real estate brokers and attorneys. We’ll explain how the mortgage process in New York City truly works and debunk some common myths around the mortgage underwriting process.

Is Hauseit LLC a real estate broker?

No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided. Hauseit LLC is a Licensed Real Estate Broker, licensed to do business in New York under license number 10991232340. Principal Office: 148 Lafayette Street, New York, NY 10013.

How do co-ops work?

Co-ops are generally established by a sponsor which files an offeringplan with the Attorney General's office and then can sell co-op sharesto the public . When the co-op becomes effective (established), thesponsor usually owns most of the shares and thus controls the Boardof Directors. In most cases the Attorney General requires sponsors topromise, in the offering plan, that they will give up their control of theBoard of Directors after they sell over fifty percent of the shares, orafter five years have passed since the closing, whichever comes first.

Where can I find the BCL?

The BCL is published as volume 6 of McKinney's Consolidated Lawsof New York Annotated ("McKinney's") which can be found in lawlibraries, many lawyers' offices and in certain public libraries.

Can a sponsor designate a majority of the directors?

It means that the sponsor cannot designate or nominate the majority ofthe directors. But a sponsor is not prevented from voting its shares forshareholders who have similar views, as long as the shareholders arenot on the sponsor's payroll or otherwise given money by the sponsor.

Is there a law that governs co-op in New York?

No, there are legal restrictions. The Business Corporation Law (BCL)is the main New York State law which governs how co-opcorporations must operate. The decisions made by courts in casesinvolving BCL provisions are the case law which interprets the statute.

Firm services

Kellner Herlihy Getty & Friedman have represented cooperative corporations and condominium boards ranging from a few units to thousands of units, including low-income housing cooperatives (HDFCs), Mitchell Lama buildings and private co-ops and condominiums of all income ranges. Clients rely on the firm to:

Contact additional information

Contact Kellner Herlihy Getty & Friedman online or at 212.889.2821 to schedule a free consultation in our office or at your building. The firm's Park Avenue office is easily accessible by public or private transportation, and there are professionals on hand who are fluent in Spanish, French, Russian, Farsi and Italian.