Cooperative and Condominium Law

Attorneys at Montgomery McCracken’s New York office have been involved in the area of cooperative and condominium law for almost 70 years.

The firm offers a full range of services, including representation of boards of directors and boards of managers and home owner associations, in connection with all phases of the operation of their buildings and related litigation.

Our services include the following:

  • Corporate and related matters, including by-laws, certificates of incorporation, proprietary leases and house rules in co-ops and by-laws, declarations and house rules in condominiums;
  • Board and shareholder/unit owner meetings;
  • Contracts, including vendor, management and construction contracts;
  • Construction issues, including construction defects;
  • Financing and refinancing transactions;
  • Leasing transactions;
  • Common space transfers, including share allocation in co-ops and licensing in condominiums;
  • Offering Plans and Blue Sky law compliance;
  • Sponsor issues;
  • Government assisted housing regulatory and restructuring issues, including Mitchell-Lama;
  • Relations with tenant-shareholders or unit owners and lease, by-law and rules enforcement;
  • Employee relations;
  • Insurance matters;
  • Transfers of shares, including estate and trust issues;
  • Land use;
  • Municipal matters, including representation before municipal agencies;
  • Collection of maintenance and common charges;
  • General litigation.

In addition, we represent individuals in the purchase and sale of co-op or condominium units.

Representative clients:

  • Our clients include some of the largest and most prestigious buildings in New York City and the surrounding environs, as well as many small buildings with modest budgets.

A sampling of recent representative engagements include:

  • Representation of a coalition of cooperative apartment buildings in a residential neighborhood in connection with their efforts to stop the conversion of a church located in their immediate vicinity into a commercial catering hall;
  • Representation of numerous co-ops and condominiums in connection with revision of their organic documents (certificates of incorporation, proprietary lease and by-laws in a co-op and bylaws in a condominium);
  • Representation of numerous co-ops and condominiums in connection with review and revisions of their alteration and decorating agreements;
  • Assisting a co-op in resolving issues after a serious flood had damaged numerous apartments, including issues relating to the reconstruction, the insurance claim, and tenant shareholder issues;
  • Litigation and negotiation of settlement agreements with several sponsors concerning construction defects in new construction condominiums;
  • Successful defense of a co-op against claims of personal injury and property damage due to mold.

We also work with City, State and Federal housing agencies in the subsidized and supervised housing sector and advise clients on compliance with government financing, supervision and rent regulation issues.

Our attorneys frequently speak and write on issues relating to cooperatives and condominiums. They are also active members of the legal community. The group includes the two immediate past chairs of the New York City Bar’s Committee on Cooperative and Condominium Law.

Through many years of experience Montgomery McCracken attorneys have come to realize that co-ops and condominiums are unique entities. While a co-op or condominium may have problems typical of a commercial entity, each is also a home for most of its shareholders or unit owners. We keep this in mind in dealing with the dynamics of all co-op and condominium issues.

For More Information

For details on how the Cooperative and Condominium Practice can help you, please contact practice group co-chairs Phyllis H. Weisberg by e-mail at or  Howard Schechter by email Ms. Weisberg and Mr. Schechter may also be reached at 212-867-9500.