Cooperative & Condominium Law

Co-op Lawyers NY

Cooperative and Condominium Law

The attorneys of Smith Buss & Jacobs believe that co-op and condominium representation is a relationship, not a transaction. We currently advise over 370 cooperative and condominium associations throughout the greater New York metro area, including the largest cooperative in New York City, Co-Op City, in the Bronx, the result of a first-of-kind $600 million refinancing through HUD and for which we endure as general counsel.

Our clients benefit from responsive access to senior advisors. We cut out rigmarole to improve efficiency, reduce costs, and incentivize collaboration within the firm to effectively counsel associations on the full spectrum of the management and operations of cooperative and condominium buildings.

 

General Counsel for Associations
Intelligence + Practicality

Our mandate is to help clients achieve the smooth and confident operation of their association – we believe your legal bills should go down over time. Our law firm philosophy brings the full weight of our collective experience to provide efficient, high value legal service.

Our co-op/condo client base has grown to more than 370 associations throughout the greater New York metro area, ranging from Co-op City – the largest cooperative housing corporation in the country – down to small, self-managed buildings seeking cost-effective support. We apply the same thoughtful, client-centric approach to every association whom we represent.

Because of our deep commercial real estate experience, we understand the practical operating needs of our co-op/condo clients, allowing us to develop creative solutions to their unique commercial requirements. For example, we created a new, hybrid class of documentation in collaboration with HUD and New York City to achieve a first-of-kind $600 million mortgage refinancing for Co-op City and a $200,000,000 refinancing for Penn South in Manhattan. We routinely apply that expertise in leasing, construction and financing transactions on behalf of our Association clients over the full life cycle of management and operations of their buildings.

On a day-to-day basis, we guide boards in every aspect of governance, including drafting and reviewing of governing documents, fiduciary obligations, election disputes, alterations and owner issues. Our general counsel services incorporate practical advice regarding common problems including protection against potential liability, dispute resolution, contract negotiations, labor law representation, and litigation services.

We maintain a full-service transfer department for sales and purchases, and a full-time default and landlord/tenant law department to streamline collection of arrears. We also represent new boards who may need to address issues with their Sponsor. Our clients benefit from responsive access to senior advisors to cut down rigmarole, improve efficiency, reduce costs, and incentivize collaboration between attorneys, management and Boards.

  • Facilitating the transition from Sponsor control to independent control of co-op and condo Boards
  • Assisting newly established Boards in developing governance policies
  • Preparing alteration agreements, sublet agreements, rules and regulations and other essential building policy documents
  • Negotiating (and litigating) with Sponsors to adhere to promises of the offering plan
  • Counseling established associations in every area of corporate governance
  • Providing general legal advice on day-to-day matters
  • Protecting the long-term interests of the association

Offering Plans
Foresight + Confidence

We understand the full dimensions of a developer’s current and potential requirements throughout every phase of the conversion process.

Our condominium lawyers have thirty-five years of experience preparing and filing hundreds of offering plans for condominiums and cooperatives. We have excellent relationships with the New York State Attorney General’s office and have access to key experts in all related fields. Combined with our transactional and association expertise, we understand the title and financing issues that arise during offerings and are able to create mechanisms to allow the developer to avoid problems with the Attorney General’s office and deal with the property rights and obligations of the sponsor post-conversion.

We also represent the interests of sponsors dealing with associations after a condominium or cooperative has started operations. We advise sponsors throughout the sensitive post-conversion negotiations with associations over Board control and construction defect claims. We routinely file offering plan amendments with the Attorney General’s office and assist Sponsors to stay in compliance with changing AG regulations.

  • Structuring and drafting offering plans
  • Ensuring that developers’ financing and sales needs are reflected in loan and construction documents
  • Negotiating terms of sale and purchase on behalf of Sponsors and tenant associations
  • Facilitating the transition from Sponsor control to independent control of co-op and condo Boards

General Litigation & Appeals

business law ny

At Smith Buss & Jacobs, we differentiate ourselves by getting to know our clients and their businesses. We bring the full range of our collective expertise to help articulate and achieve a vast array of business goals including Contracts & Transactions, Buying & Selling, Financing, Intellectual Property and Bankruptcy.

We work with remarkable effectiveness with our business clients as general counsel on litigation avoidance and risk management, maximizing chances for commercial litigation success, and planning new business initiatives which have a litigation risk component. In addition, we provide confidential counseling on addressing legal concerns in business plan implementation, media relations, or governmental scrutiny, particularly in sensitive or high-profile situations.

In those cases where litigation becomes necessary, the attorneys of Smith, Buss & Jacobs provide powerhouse litigation skills and winning experience. We lead with a client-first philosophy, execute with unsurpassed expertise, and believe in engaging in transparent discussions of cost versus value at every stage of your matter.

Today’s courts are overwhelmed, causing a consistent push for expedient resolution. The best litigators know their clients’ business, know the courts and, therefore, know how to make even the most complex matters simple. We tee it up right to get to successful resolution faster. Every matter, every time.

Our seasoned litigators work with the lawyers in our Real Estate, Business, Condominium and Cooperative, and Government practices to develop strategic approaches and innovative solutions in a variety of disputes.

We persistently draw upon the expertise of, and collaborate with, other disciplines within our firm to deliver an enhanced, multidisciplinary approach, enabling high value skillsets to address the full scope of issues that may arise when effecting clients’ goals.

Our attorneys have substantive experience in almost every facet of litigation, have impressive trial and appellate experience representing clients in various forums, including both state and federal courts, administrative and other state and federal agencies and arbitral organizations. The attorneys of Smith, Buss & Jacobs help clients with litigation matters statewide and in New York City, Queens, Bronx, Brooklyn, Westchester, White Plains, Yonkers, Nassau County, Suffolk County, Long Island, and Rockland County.

Some of our areas of litigation:
Co-op & Condo Litigation

We guide boards in every aspect of governance, including drafting and reviewing of governing documents, fiduciary obligations, election disputes, alterations and owner issues. We represent new boards who may need to address issues with their sponsor.

We have experience in all phases of this area of litigation, from conversion and construction issues, to defending boards accused of breaching their fiduciary obligations or violating the business judgment rule, to defending discrimination claims made by employees and prospective purchasers, to the challenge of elections, interpretation of governing documents, alteration disputes, and other areas associated with cooperative and condominium buildings and their occupants.


Real Estate Litigation

We represent landlords, tenants, developers, consultants and construction managers and more in litigations that arise from a variety of complex real estate transactions and projects including land use issues, complex commercial lease disputes, restructuring and bankruptcy proceedings, and construction disputes.

Commercial Leasing & Financing Litigation

We represent property owners and developers as well as landlords and tenants in all kinds of lease disputes and other types of real estate litigation. We frequently represent retail landlords in the enforcement of tenant leases through litigation and pre-litigation settlements.

Land Use & Zoning Litigation

Our Land Use & Zoning litigation attorneys have broad litigation experience, including civil litigation in state and federal courts, at both the trial and appellate levels, on behalf of clients facing complex land use issues. We represent clients in all manner of disputes arising from development and construction, including zoning and land use approvals, variances, real property tax matters and environmental issues.

Development & Construction Litigation

Our attorneys represent a diverse client base, which includes developers, public and private owners, designers and consultants, general contractors, construction managers, subcontractors, suppliers, sureties, insurance companies, and lenders in a wide range of development and construction litigation.


Business Litigation

Our attorneys are particularly effective assisting clients implement immediate and future financial needs; at times, these business needs lead to litigation. We represent clients in variety of litigations that arise from business disputes including contracts and labor & employment disputes, civil rights disputes, and white-collar fraud.

Bankruptcy Litigation

Our highly experienced bankruptcy litigators provide clients with expertise in contested matters, both in bankruptcy court and in state and federal courts and bring to the table a unique blend of bankruptcy, litigation, forensic investigation, law enforcement and government regulatory experience. Our litigators have a wealth of experience in corporate finance and a keen understanding of the financial markets and have extensive experience in complex bankruptcy litigation, trials, appeals and mega-case management.


Contracts & Transactions
Balancing legal and practical advice

The attorneys of Smith, Buss & Jacobs provide a strategic mix of practical and legal advice derived from remarkable experience and comprehensive expertise to client’s business transactions. Our attorneys perform extensive due diligence getting to know our clients’ businesses, starting at the roots in order to put our clients in the best position to conduct transactions and protect their interests within the four corners of every document.

Our business attorneys handle contractual needs related to commercial transaction, regulatory, employment and dispute resolution matters and we establish limited liability companies, traditional partnerships, corporations, joint ventures, trusts, and other vehicles suited for the client or the transaction. We also prepare operating agreements, shareholder agreements, buy-sell agreements, confidentiality agreements, employment agreements, deeds of trust and other documents necessary for the efficient management and operation of those business vehicles.

Over the years we have helped clients with business matters from various states and throughout the New York metro area including New York City, Queens, Bronx, Brooklyn, Westchester, Nassau County, Suffolk County, Long Island, and Rockland County.


Buying & Selling
Strategy where it counts

Clients require a trustworthy and strategic team to participate in due diligence regarding the financial and business development histories of potential business partners to establish fair value on either end of a transaction and draw up transaction documents. Our attorneys advise upon debt and counsel sole proprietorships, partnerships and corporations on the reallocation, acquisition and division of business shares or interests.

Our team is well-versed in handling legally binding and complicated matters that occur at all stages of business development and operations such as disputes between owners, keeping the best interests of the business in mind from the immediate to not so distant future.


Financing
Creative solutions and expertise

When it comes to securing financing and safeguarding client finances, we reach across practice areas and apply the resources necessary to manage risk, ensure regulatory compliance, and develop creative solutions for moving business forward.

The evolving landscape of the financial world means that our clients expect comprehensive solutions to a wide range of financial transactions and challenges arising from market regulations, corporate compliance, lending and borrowing, and mergers and acquisitions at the local, federal and international levels. Our team is here to ensure that long and short term fiscal goals are accomplished efficiently, securely and most importantly, discreetly.


Intellectual Property & Technology
Guidance for vital assets

Our attorneys are uniquely equipped to counsel clients in matters involving the full spectrum of intellectual property, privacy, data security and e-commerce issues. Along with assistance to clients whose primary assets are their copyrights, trademarks, patents or trade secrets, we provide a full scope of services to clients whose businesses involve valuable information and intellectual property, including those in the social media, advertising, real estate, e-commerce and health care industries.

We render practical advice on data security and breach response policies, on the selection, adoption and registration of trademarks, and on the use and protection of copyrightable subject matter. We negotiate contracts for the transfer or license of intellectual property rights and render advice on laws relating to the commercial use of public and private information. In connection with corporate acquisitions and divestitures, we undertake thorough intellectual property due diligence and advise on the use of protected intellectual property of newly merged or acquired businesses.


Bankruptcy
Intelligent legal advisory

Smith, Buss & Jacobs provides advice and representation to a wide variety of parties-in-interest in bankruptcy proceedings, including creditors, debtors, bankruptcy trustees and government entities and regulators. Our services range from advice on the bankruptcy process and how a party can best to position itself in chapter 11 proceedings, to sophisticated representation in complex financial and business litigation in the bankruptcy court. We also represent foreign representatives, international clients and other parties-in-interest in cross-border proceedings under chapter 15 of the bankruptcy code.

Real Estate & Land Use Law

Condo Attorneys

Real estate clients need attorneys to not only be exceptional counsel, but real-world problem solvers. This requires a unique combination of negotiating skills, political awareness, and legal prowess – all measured against the two levers of value + results.

Our real estate attorneys represent clients throughout the full cycle of a real estate transaction, taking a holistic approach to real estate matters. We get deals done.

Our approach is client-centric, personal, creative and effective. We learn your business, your tolerance to risk, your needs and goals in the short and long terms. Our clients benefit from direct access to senior counsel, and our business model promotes a collaborative approach to ensure we drive value to each touchpoint of the real estate life cycle.

Buying and Selling
Value + Results

Commercial real estate is a small community of lenders, buyers and sellers. This is true whether it is an international market such as NYC, or a smaller town in Long Island. Having the right relationships, providing the right expertise at the right time to the right people matters: this is the value of relationships and experience.

Our senior attorneys’ complementary areas of expertise, combined with our firm’s collaborative approach to service, enables remarkable depth to our representation. We successfully represent clients in the purchase and sale of property, commercial leasing, borrowing, lending, syndications, private placements, real estate construction, development, zoning, subdivision approval and related environmental matters.

We represent numerous developers and investors in the acquisition of commercial property and multifamily housing, and actively negotiate associated institutional financing to protect our clients’ real estate interests. The firm also helps developers come together with investors through private placements and syndications.


Leasing and Financing
Creative + Effective

Creativity takes your real estate project the last mile – and it’s all about the last mile.  The attorneys of Smith, Buss & Jacobs are responsible for more than one first-of-kind project financing, including the $600 million refinancing of Co-Op City in the Bronx through HUD for which the firm created a new set of documentation to enable the mortgage.

This is the power of effecting creative solutions and tailoring lease or loan documents to match the needs of each client. We represent both landlords and tenants in the negotiation and execution of commercial lease terms for office and long and short-term retail spaces, as well as financing involving securitized lending, mezzanine loans and bridge loans.

We counsel commercial borrowers in negotiating financing commitments with institutional lenders for both portfolio and conduit loans. We handle major construction loans, acquisition loans, and major sales and purchases of all types of commercial real estate, multi-family shopping centers and industrial buildings.


Development
Local Strategy

We know how local governments work and how to move a development effectively through the process. Our representation as developers’ attorneys encompasses due diligence investigations; site plan approval and rezoning applications; special permits, variances, and designations and alterations of landmarked buildings; public and private financing; land use appraisals and entitlements and construction financing and permitting; and air rights and utilities transactions.

If situations result in litigation, our attorneys have broad litigation experience, including civil litigation in state and federal courts, at both the trial and appellate levels, on behalf of clients facing potential liability for complex land use issues.


Construction
Experienced, Comprehensive Counsel

Construction projects can be complex and costly regardless of their size. Owners and contractors need expert guidance to draft and negotiate contracts that incorporate the necessary legal and practical requirements to protect clients’ interests. Experienced representation is essential when disputes arise.

At Smith, Buss & Jacobs, we offer comprehensive construction contract and litigation representation. Our construction attorneys negotiate contracts that help owners, property managers, architects/engineers, contractors, and developers plan and manage projects efficiently and effectively – with clear pathways to completion with a minimum of legal disputes. We provide guidance and counsel at every stage of a construction project, from the initial planning, bidding and contracting stages through construction administration to project close-out. We also maintain an active construction litigation and arbitration practice to protect our clients’ interests in construction-related disputes.

Construction Agreements

A Pro-Active Approach

When embarking on a construction project, owners may retain construction professionals and sign contracts without consulting their legal team, only to reach out when problems arise. In many cases, the issues could have been resolved efficiently – or avoided altogether – if clients had sought counsel early on in the construction process.

Just as the best defense is a good offense, good planning is the best way to avoid disputes and costly delays. Our attorneys provide counsel and direction in negotiating, drafting, and reviewing various construction proposals and contracts between owners, project managers, architects, contractors, and sub-contractors. Our goal is to advise clients against potential risks while keeping the goal in sight and maintaining a project’s viability.

We review and negotiate architect’s agreements (AIA forms), construction contracts (A101, A104, A201, etc.) for both large and small residential and commercial projects. We can assist with riders and amendments to proposals and agreements for small projects, or prepare and negotiate complex and large-scale contracts ranging from Stipulated Sum to Cost of Work Plus Contractor’s Fee to Guaranteed Maximum Price agreements.

  • We prepare and review ancillary agreements for Owner’s Representative, Construction Manager and related services to protect our client’s interests and assure that they are consistent with the other project agreements.
  • We prepare and negotiate Access Agreements with neighboring properties for access during construction projects, pursuant to RPL Section 881, and will review requests from our client’s neighbor to access their property and assure that the agreement properly protects the client. Where the neighbor is unresponsive or unreasonable, we regularly shift gears and go to court to obtain access.

In addition, many building insurance carriers are increasingly requesting involvement in reviewing the coverage required for contractors. We can assist with coordinating the contract terms to the insurance carrier’s requirements.

Construction Advice

Diverse Experience

Clients turn to our attorneys for counsel on day-to day-matters in all phases of their construction projects. Whether it’s the initial planning or interfacing directly with engineers, architects, and contractors until the project is completed, clients appreciate our practical perspective and cost-conscious approach.

Our experience is rooted in a diverse client base, which includes not only hundreds of condominiums, co-ops, and homeowners’ associations, but also property owners, developers, architects and engineers, general contractors, construction managers, subcontractors, suppliers, and lenders. We see construction issues from all sides which helps us fully understand our clients’ needs and how best to address them without losing sight of the goal of project completion. With well over 50 years of combined construction law experience, our attorneys also bring in-depth knowledge of case law and legislative updates on related construction matters.

Construction Disputes and Litigation

Efficient Resolutions

Construction projects often involve a number of parties providing a variety of services. This leaves ample room for miscommunication and disagreements. When disputes arise, we make every effort to resolve them without disruption to the project. However, sometimes disputes cannot be resolved and the parties must turn to their contractual remedies, culminating in litigation or arbitration. Because we have a fully-staffed and integrated litigation team, we can shift seamlessly from negotiation to litigation, and back again if needed. We can also offer analysis of potential litigation at any stage in the process so our clients are well-informed about all of their options.

Our litigators have significant experience that has allowed them to achieve success for clients in a wide range of construction litigation, including everything from obtaining court-ordered access under RPAPL 881 from neighboring property owners who were obstructing or delaying projects; to obtaining money damages for owners whose contractors failed to complete work properly (or at all); obtaining adjustments in contract pricing to accurately reflect work performed; and winning the opportunity for wrongfully terminated contractors to complete the project and receive all payments to which it was entitled, among many others.

 


Land Use & Zoning
The Power of Relationships

Land use regulation is always local in nature, highly process-dependent, and highly contingent upon the particular laws, nuances and political climate where the project is located. Our exceptional strengths in municipal law delivers tremendous value to our land use & zoning clients. Our land use attorneys regularly collaborate with our local governments in Westchester and Bronx counties to achieve our clients’ goals. Our local knowledge, coupled with established working relationships with local regulators, is backed by decades of proven experience.

This unmatched background in municipal law enables our attorneys to provide a remarkable degree of foresight, allowing our advisory to anticipate scenarios and set up the projects for success – better. We provide property owners with a thorough understanding of all regulatory issues affecting their use of property and of the opportunities available to enhance a site’s development potential, and guide clients through the requisite legal processes needed to achieve those enhancements.

Labor & Employment

ny court

The attorneys of Smith Buss & Jacobs leverage insight and experience to move businesses forward and help clients achieve real world results. Ongoing businesses of every size have contractual, financing, employment, and corporate structure needs to enable a strong foundation and continued growth.

Our Labor and Employment practice provides the foundation needed to structure and manage today’s diverse workforce. Smith, Buss & Jacobs’ experienced litigators work efficiently to achieve favorable results that align with client objectives. We successfully defend private and public sector employers in state and federal court and handle administrative charges before state and federal agencies. Our labor counsel represent employers in matters before arbitrators, mediators, labor relations boards and government agencies.

We provide overall strategic legal advice and counsel employers on compliance with local, state and federal law, terminations, employment agreements, adverse employment actions, avoidance of discrimination and retaliation claims, employee handbooks, and company policies and related workplace issues.

Smith, Buss & Jacobs also counsels employers with respect to labor relations issues and policies. For unionized employers we provide legal representation during collective bargaining negotiations, as well as advice on communications and best practices during the term of the contract including mid-agreement modifications. In addition, we have extensive experience representing employers during grievance and arbitration proceedings and disciplinary hearings.

Finally, Smith, Buss & Jacobs provides training on anti-discrimination and retaliation laws, strategies for maintaining a harassment-free workplace, prevention of retaliation claims, and FMLA and ADA requirements

Non-Profit Law

NONPROFIT LAW

At Smith Buss & Jacobs LLP, our Nonprofit Law Practice Group is dedicated to providing nonprofit organizations with the legal expertise and support they need to comply with all applicable laws and regulations while effectively advancing their missions. We take a practical approach to solving the complex issues that arise in nonprofit administration, providing a comprehensive range of legal services focused on the key areas critical to success.

Formation and Structuring: We assist with the formation of nonprofit entities, guiding organizations through the incorporation process, drafting bylaws and governance documents, and securing tax-exempt status under the appropriate classification within IRS Section 501(c).

Regulatory Compliance and Governance: Nonprofits face evolving legal requirements at both state and federal levels. Our team provides ongoing support to ensure compliance with annual filings, governance regulations, and reporting obligations, helping boards understand their fiduciary duties and adopt best practices.

Contract Negotiation and Review: Nonprofit organizations often enter into complex contracts with vendors, funders, and service providers. We assist organizations in negotiating, drafting, and reviewing agreements to protect their interests and ensure the terms align with their missions.

Employment Law and Workforce Management: Nonprofits are subject to various labor and employment laws. Our team advises on employment contracts, independent contractor classification, employee handbooks, and workplace policies, ensuring compliance and minimizing legal risk.

Fundraising and Grant Compliance: Whether an organization relies on grants, donations, or other fundraising efforts, we offer legal advice to ensure compliance with charitable solicitation laws, grant terms, and IRS regulations on nonprofit revenue streams, avoiding issues such as private inurement or excess benefits.

Litigation and Dispute Resolution: When disputes arise, our experienced litigators are ready to represent nonprofits in court or through alternative dispute resolution methods such as mediation and arbitration. We handle regulatory investigations, contract disputes, employment claims, and other legal challenges.

General Counseling and Strategic Advice: Nonprofits often face unique operational challenges that require ongoing legal guidance. We provide general counseling services to nonprofit leadership, offering strategic advice on matters ranging from governance and compliance to program development, policy review, and organizational restructuring. Our goal is to help organizations operate efficiently, minimize risk, and achieve long-term sustainability.

Smith Buss & Jacobs LLP is committed to helping nonprofits not only meet their legal obligations, but thrive as effective, mission-driven organizations.