Cooperative and Condominium Law

Axelrod, Fingerhut & Dennis is general counsel and litigation counsel to many of New York City’s finest cooperatives and condominiums.

Our firm represents a broad array of cooperative and condominium buildings, from complexes of over 1,700 units to buildings with as few as five units.

General representation and day to day legal counseling and strategy

Revising corporate documents (including proprietary leases, by-laws and house rules)

Refinancing underlying cooperative mortgages

Review and negotiation of management contracts and construction contracts

Negotiation and litigation of disputes between cooperative corporations or condominium boards and (i) their sponsors, (ii) their shareholders or unit owners or (iii) their commercial tenants

Acting as transfer agent

Board of Directors Succession
Successfully represented shareholder group in proxy fight, enabling our clients to accede to rightfully elected positions on a cooperative Board of Directors

Enforcement of By-Laws
Successfully represented Homeowner’s Association against breakaway component condominium division to enforce By-Laws, resulting in component condominium’s consent to amendment of By-Laws

Discrimination Complaint
Successfully defended discrimination complaint against cooperative corporation before the New York City Human Rights Commission

Sponsor Default
Successfully negotiated seven figure settlement from sponsor in action initiated with the Attorney General’s Office to repair defects due to sponsor negligence

Flip Tax
Successfully defended challenge to cooperative corporation’s duly enacted flip tax

Permissive Use
Successfully litigated a 30 Unit Washer/Dryer case where we persuaded the trial court to apply the Business Judgment Rule in evaluating the enactment and enforcement of a House Rule change that reversed a long history of permissive washer/dryer use resulting in judgments of possession against all non-curing shareholders and, after affirmance on appeal, obtained  a large fully compensatory legal fee award for the cooperative

Board Election Dispute
Defended challenge to cooperative Board by minority Board members seeking to change cooperative governance

Access to Adjoining Property
Successfully litigated RPL Section 881 Access Request to permit client to utilize rooftop of adjoining building to facilitate building repairs

Negotiated numerous licenses with adjoining property owners to permit access to facilitate repairs

Reasonable Accommodation
Defended client from claim asserted by tenant in Federal Court seeking accommodation due to alleged disability under the Americans with Disabilities Act

Corporate Investigation
Conducted Investigation regarding complaint of employee misconduct in order to resolve threatened shareholder lawsuit and for presentation of evidence at REBNY grievance hearing on client’s behalf

Alteration Agreement
Defended against discrimination claim that cooperative breached an alteration agreement when it stopped shareholder from undertaking unauthorized work and obtained affirmance from the Appellate Division upholding the cooperative’s rights under the alteration agreement together with Court ordered reimbursement of client’s legal fees

Pullman Eviction
Successfully prosecuted a “Pullman” holdover against a shareholder engaging in chronic disruptive behavior