A&O has a substantial cooperative
and condominium law practice, representing dozens of Boards of directors
and managers as both corporate and litigation counsel, as well as shareholders
and unit owners in disputes with buildings. We handle sophisticated transactions
and litigations, in addition to advising boards on the full range of ordinary
course of business matters.
Our firm has developed an expertise in dealing
with and representing condominiums and cooperatives beset by crises – problems
threatening the underlying economic viability of the apartments and units
in a cooperative/condominium.
Our representation – and crisis management – has included buildings
with the following problems:
--Three separate cooperatives (hundreds of units
each, in both Manhattan and Queens) where sponsors placed overwhelming
mortgages on buildings, and our
firm subsequently sued the lenders and, ultimately, obtained concessions
from the lenders ranging from five to seven million dollars in each
instance.
--Cooperative
where a contractor negligently caused asbestos to be released
in the garage during a renovation project and onto the adjoining major
street.
--Ultra-luxury
condominium building with substantial mold-related problem.
--Condominium
and homeowners association, located in Westchester
County, where six of the condominiums were seemingly in danger
of sliding into a ravine as a result of a defectively constructed, several
hundred foot,
underground steel retaining wall.
--Numerous cooperatives where we
negotiated substantial workouts with sponsors involving hundreds of
sponsor-owned apartments and millions of dollars of
concessions.
Our firm provides the full range of advice on all
matters involving and relating to general corporate governance. We also
bring to bear in
our advice, the
wealth of our litigation experience. Some of the many issues involving condominium/co-ops
that we handle include:
--Litigations/proxy fights regarding control
of boards of directors and managers;
--Litigations/workouts with both
defaulting sponsors and lenders;
--Litigations/claims relating to
alleged Board failures to approve sales of cooperatives apartments;
--Construction
disputes at condominiums and cooperatives involving contractors,
engineers, architects,
developers and sponsors, including claims for construction
defects and problems, building collapses,
and engineering and architectural malpractice;
--Enforcement of non-payment of maintenance
and common charges claims including landlord/tenant litigation,
and sales of defaulting shareholders’ shares and proprietary leases;
--Fraud
claims and litigations against sponsors and others relating in the conversion process
of cooperatives
and condominiums;
--Commercial landlord/tenant litigation relating
to space located within residential cooperatives and condominiums,
including litigation relating to laundry
room agreements, garage contracts, retail stores,
restaurants,
food service establishments and other commercial uses;
--Claims against boards and/or
board members who have acted improperly;
--Claims regarding parking
space easements and rights; and
--Managing agent disputes.
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