Co-op and Condominium Law

One of the firm’s central areas of practice has been representing cooperative corporations and condominium boards since 1982.  The firm’s lawyers build lasting relationships with co-op and condominium clients, many of which have spanned the course of 20 years, by providing cost-effective, high-quality representation. Clients trust that, should they need legal assistance, Kellner Herlihy Getty & Friedman will provide comprehensive solutions for everything from routine transactions to building conversions.

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:

• Provide general legal advice on day-to-day matters
• Prepare and revise legal documents, including by-laws, proprietary leases, alteration agreements, transfer tax provisions, sublet agreements and other building policies
• Review, negotiate and prepare agreements with third parties, such as managing agents, service providers—including laundry room concessions, alarm companies, elevator service companies—real estate brokers and contractors, architects and project managers
• Prepare, review and negotiate AIA agreements for projects such as roof work, Local Law 11 work, window replacement, elevator replacement and other property improvements
• Act as the transfer agent in the closings of apartment transfers and loan refinances—at no cost to the cooperative corporation
• Assist in negotiating the terms of commitment letters for building-wide loans, negotiate the terms and provisions of loan documents and close on the loan
• Prepare and negotiate commercial leases for store-fronts, roof, and wall space, offices and parking garages owned by the cooperative corporation or Condominium Association
• Prepare and negotiate license agreements for the use of roof and wall space owned by the cooperative corporation or condominium association
• Negotiate film location agreements for the use of property during filming or photo shoots
• Provide representation in housing court proceedings against tenant-shareholders who are in default of their proprietary leases and tenants who are in default of their residential or commercial leases
• Provide representation before regulatory agencies, including the New York City Department of Housing Preservation and Development, the New York State Division of Housing and Community and Renewal and the United States Department of Housing and Urban Development
• Litigate breach of contract claims, actions against sponsors for construction defects and other claims
• Defend the cooperative corporation or condominium board in claims not defended by insurance counsel
• Assist with declaratory judgment actions to enforce insurer obligations to defend and indemnify

Additionally, the firm’s lawyers work with other professionals hired to protect the cooperative corporation or condominium board’s best interests, including accountants, auditors, managing agents, engineers, architects, tax certiorari counsel and J-51 advisors.

For building owners and developers

Building owners and developers interested in co-op and condominium conversions can come to Kellner Herlihy Getty & Friedman for assistance with all phases of the conversion process.  The firm’s attorneys can help prepare the offering plan, negotiate with the Attorney General’s Office, handle the closings of individual units and meet any other needs.