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Cooperative (“Co-op”) and Condominium Law

  • Oct 21, 2020Norris McLaughlin Continues to Expand Amid Pandemic; Welcomes New Associates to the Firm

    The law firm of Norris McLaughlin, P.A., is pleased to welcome Anthony P. D’Elia as an Associate for the Litigation Practice Group in New Jersey and Jillian P. Levitt as an Associate for the Real Estate & Finance Practice Group and the Cooperative (“Co-op”) and Condominium Law Industry Group in New York.

    “We are excited to add these new Associates to our firm, and we are particularly proud of the way we have been able to continue the expansion of our firm, even during the COVID pandemic. We continue to add high-quality talent across all our offices to further enrich our practice and build towards further success in the future,” said John N. Vanarthos, Chairman of the firm.

    About Anthony D’Elia

    D’Elia focuses his practice on litigation matters including commercial litigation, corporate and business disputes, intellectual property disputes, bankruptcy and creditors’ rights, construction, and professional liability. He also has a general litigation practice.

    Through his litigation practice, D’Elia represents creditors and other interested parties in bankruptcy cases and adversary proceedings, as well as lenders and other creditors in litigation over unpaid loans. He handles the appointment of rent receivers, collection of debts, and enforcement of settlement agreements. D’Elia’s intellectual property practice includes copyright and trademark litigation. He also handles disputes over defective construction and claims for delays, damages, and back charges. His work in the area of professional liability has involved matters relating to engineering and accounting liability.

    D’Elia’s pro bono work has involved assisting incarcerated individuals in litigation over claims of assault, seeking unpaid judgments in bankruptcy court through the filing of proofs of claim and adversary complaints, and negotiating plea bargains in family court.

    Following law school, D’Elia served as law clerk to the Honorable Garry J. Furnari, J.S.C., who, in addition to his civil docket, managed the environmental docket of the Essex County Superior Court. He assisted Judge Furnari in matters involving tort, contract, property, insurance, and environmental law.

    D’Elia received his J.D., cum laude, from Seton Hall University School of Law in 2016, where he was a member of its nationally-ranked Interscholastic Moot Court Board, the Courtroom Advocates Project, and the Immigrants’ Rights/International Human Rights Clinic. He received his B.A. from Monmouth University, Honors School, summa cum laude, in 2013.

    About Jillian Levitt

    Levitt focuses her practice on litigation, transactional, and regulatory matters in the real estate industry.

    She advises property owners on real estate matters and handles negotiations and buyouts of residential and commercial buildings. Levitt also litigates commercial and residential matters in New York Supreme Court and Civil Courts, as well as matters before the New York State Court of Appeals and the First, Second, and Fourth Appellate Divisions.

    In addition to her real estate litigation practice, Levitt drafts lease agreements for residential, commercial, and mixed-use developments. She prepares applications for developers to obtain various economic incentives.

    Levitt conducts due diligence for purchases of large residential and commercial buildings, for compliance with applicable federal, state, and local laws. She also advises clients on federal, state, and city affordable housing rules and regulations, including the Mitchell-Lama program, section eight vouchers, SCRIE, rent control, and rent stabilization.

    While in law school, Levitt was Managing Editor of Articles for the Hofstra Labor & Employment Law Journal. She received her J.D. from Maurice A. Deane School of Law at Hofstra University in 2016 and her B.A. from Union College in 2011.

    Posted in: Anthony P. D'Elia, Cooperative ("Co-op") and Condominium Law, Jillian P. Levitt, Litigation, News, Real Estate & Finance | Tags: , , , ,

  • Oct 01, 2020Dean Roberts Speaks at First Coordinating Council of Cooperatives of Greater New York Virtual Meeting

    Dean M. Roberts, a Member of law firm Norris McLaughlin, P.A., and Chair of its New York Real Estate & Finance Law Practice Group and of the firm’s Cooperative (“Co-op”) and Condominium Law Industry Group, spoke at the first virtual meeting of the Coordinating Council of Cooperatives of Greater New York (CCC) on Saturday, September 12.

    “It is important for condo and co-op boards to consider how to address the issues of enforcing maintenance obligations with limitations created by the COVID-19-related orders, while the current status of the Housing Court and how that affects shareholders’ abilities is confusing and so fluid during these trying times,” said Roberts.

    About the Council of Cooperatives of Greater New York

    The CCC, composed of housing cooperatives ranging from seventy to thousands of units, aims to serve as a sounding board for circulating ideas and experiences that may apply to other cooperatives and to implement joint programs for economic and political achievement.

    At the meeting, Roberts addressed many topics that have come up due to the COVID-19 pandemic, such as wearing masks, holding virtual meetings, opening gyms, and what the court system is and is not doing on arrears issues. He set liability and legal procedure expectations for condo and co-op boards and discussed how Norris McLaughlin has been operating remotely and what resources the firm offers during these unprecedented times. The next meeting, also virtual, will be on Saturday, October 17. For more information, visit cccofgny.coop.

    About Dean Roberts

    Roberts focuses on real estate litigation with a sub-specialty in the representation of cooperative housing corporations and condominiums. He has handled all facets of condominium and cooperative ownership, from sponsor/purchase and conversion to representing well-established tenant-shareholder Boards of Directors. Roberts also represents cooperative corporations and moderate-income co-ops in all areas of litigation, including landlord/tenant.

    Through his involvement with the Coordinating Council of Cooperatives, Roberts is active in court reform efforts and the cooperative movement. In his community, he works to promote affordable housing as a director of the Cooperative Development Fund Board of Advisors and other housing programs.

    Roberts earned his J.D. from Rutgers School of Law – Newark in 1987 and his B.A. from Rutgers, The State University of New Jersey, Rutgers College, in 1982.

    Posted in: Cooperative ("Co-op") and Condominium Law, Dean M. Roberts, News, Real Estate & Finance | Tags: , ,

  • May 29, 2020Dean Roberts Speaks Nationally to Co-ops, Condos, and HOAs About Meeting Remotely in the New Normal

    Dean M. Roberts, a Member of law firm Norris McLaughlin, P.A., and Chair of its New York Real Estate & Finance Law Practice Group, presented the webinar, “Voting, Meeting Remotely & Bridging the Tech Divide in Co-ops, Condos & HOAs,” sponsored by Honest Ballot on May 27 to over 500 participants for The Cooperator.

    “COVID-19 has raised many questions about how condo and co-op boards are able to conduct business as well as how residents can continue to participate in their communities’ governance while still social distancing. It’s been a confusing and difficult road, but we are finally getting to a point where there may be some answers,” said Roberts.

    Co-ops, Condos, and HOAs Voting and Meeting Remotely

    Roberts addressed the primary concerns boards and residents have about holding board elections and other vote-dependent functions while social distancing, what boards and managers should know ahead of time about the laws around electronic voting and meeting, the steps a board should take in transitioning from in-person meetings and voting to an electronic/online format, the biggest challenges in getting residents to accept and participate in virtual meetings and electronic elections from a management perspective, what liability concerns a board might have around virtual meetings and elections, recommendations for boards and managers to better inform residents about the procedures and improve buy-in and participation, and the opportunity for associations to adopt remote elections and owner/shareholder meetings even after the crisis has subsided.

    About Dean Roberts

    Roberts focuses on real estate litigation with a sub-specialty in the representation of cooperative housing corporations and condominiums. He has handled all facets of condominium and cooperative ownership from sponsor/purchase and conversion to representing well-established tenant-shareholder Boards of Directors. Roberts also represents cooperative corporations and moderate-income co-ops in all areas of litigation, including landlord/tenant litigation.

    Through his involvement with the Coordinating Council of Cooperatives, Roberts is active in court reform efforts and the cooperative movement. In his community, he works to promote affordable housing as a director of the Cooperative Development Fund Board of Advisors and other housing programs. Roberts earned his J.D. from Rutgers School of Law – Newark in 1987 and his B.A. from Rutgers, The State University of New Jersey, Rutgers College, in 1982.

    Posted in: Cooperative ("Co-op") and Condominium Law, Dean M. Roberts, News | Tags: , ,

  • Jan 06, 2020Dean Roberts and Abbey Horwitz to Present on Estate Planning and Trust Ownership for Co-op Shareholders

    Dean M. Roberts and Abbey M. Horwitz, Members of law firm Norris McLaughlin, P.A., will speak to the shareholders of Morningside Heights Housing Corporation. The presentation will take place Saturday, January 11, 2:00 – 3:30 p.m., and again on Thursday, January 16, 7:00 – 8:30 p.m., in New York City.

    About the Presentation

    Topics to be discussed include how estates are handled in the state of New York, what shareholders can do to create a more seamless process to protect their assets, and the forms and uses of trusts available to the shareholders of Morningside Gardens. Throughout the presentation, Roberts and Horwitz will answer questions from attendees.

    “Often, co-op shareholders forget the importance of including the cooperatives when thinking about their estate planning and trust administration, so I feel it is crucial to let them know that they have options and we’re here to help,” said Roberts. Horwitz added, “Estate planning and trust administration is much more complex than just making a will. It is essential to make people aware of what services are available to them.”

    About the Presenters

    Dean Roberts

    Roberts focuses on real estate litigation with a sub-specialty in the representation of cooperative housing corporations and condominiums. He has handled all facets of condominium and cooperative ownership from sponsor/purchase and conversion to representing well-established tenant-shareholder Boards of Directors. Roberts also represents cooperative corporations and moderate-income co-ops in all areas of litigation, including landlord/tenant litigation.

    Through his involvement with the Coordinating Council of Cooperatives, Roberts is active in court reform efforts and the cooperative movement. In his community, he works to promote affordable housing as a director of the Cooperative Development Fund Board of Advisors and other housing programs.

    Roberts earned his J.D. from Rutgers School of Law – Newark in 1987 and his B.A. from Rutgers, The State University of New Jersey, Rutgers College, in 1982.

    Abbey Horwitz

    Horwitz practices primarily in the area of estate planning and administration.  She is experienced in preparing wills, revocable and irrevocable trusts, durable powers of attorney, advance directives for health care, and other estate planning documents.  She is also experienced in administering estates and trusts, including counseling executors and trustees; preparing estate, trust, and guardianship pleadings; preparing estate and trust accountings; preparing estate tax returns; handling estate tax audits; and preparing releases and waivers for distributions from estates and trusts.

    In addition, Horwitz has experience preparing corporate and LLC filings, including certificates of incorporation, articles of organization, bylaws, operating agreements, and IRC 501(c)(3) filings.

    Horwitz earned her LL.M. in Taxation from Villanova University in 2018; her J.D. from New York Law School in 2006; and her B.A. from Washington University in St. Louis in 2000.

    Posted in: Abbey M. Horwitz, Cooperative ("Co-op") and Condominium Law, Dean M. Roberts, Estate Planning & Administration, News | Tags: , , ,

  • Dec 17, 2019Michael Reilly Speaks to the Coordinating Council of Cooperatives of Greater New York

    Michael T. Reilly, a Member of law firm Norris McLaughlin, P.A., presented “Proactive Strategies for Shaping Legislation, Regulation, and Political Discourse in New York City Cooperatives” to the Coordinating Council of Cooperatives of Greater New York on December 14.

    About the Presentation

    Reilly discussed how each individual cooperative could come together with the Coordinating Council of Cooperative to influence the political agenda proactively through education, participation, and voting. He suggested participating in community events, inviting elected officials to speak to shareholders and residents, communicating with Community Affairs, volunteering and hosting events, and donating to applicable causes.

    “It’s important for these New York cooperative board members to get involved in their communities, and politics is a great outlet to do so. Providing the educational tools necessary for them to be a part of the decision-making really benefits the entire City in the long run,” said Reilly.

    About Michael Reilly

    Reilly devotes his practice to real estate, construction, finance, landlord-tenant litigation, and probate matters. He advises cooperative and condominium boards and homeowner associations on corporate governance, financing, construction contracts, commercial leases, regulatory compliance, utility procurement, and insurance recovery matters.

    Reilly also provides general counsel advice to not-for-profit corporations that provide supportive housing and social services to elderly, economically disadvantaged, and developmentally disabled residents. He represents corporate entities, individuals, and trusts in the purchase, sale, and lease of commercial properties, condominium units, cooperative apartments, loft spaces, time-share properties, single and multi-family homes, and undeveloped land. Reilly helps owners obtain acquisition financing and negotiate the refinancing and restructuring of underlying mortgages and lines of credit, he advises real estate investors in Internal Revenue Code Section 1031 like-kind exchanges.

    In addition, Reilly litigates commercial and residential landlord-tenant cases in New York Civil and Supreme Courts. He has represented condominium boards in common charge collection and unit owner default cases and has successfully negotiated with commercial developers and neighboring buildings to secure license, access, and indemnity agreements on behalf of landlords during construction.

    Reilly regularly appears before the city and state regulatory agencies, including the New York City Environmental Control Board, the New York City Department of Buildings, and the New York City Department of Housing Preservation and Development, defending landlords and tenants in municipal, construction, environmental, criminal, fire, and building code violations. He has successfully prosecuted non-primary residence proceedings on behalf of regulated housing landlords.

    Reilly received his B.A., Government, from Hamilton College in 1998, his J.D. from Tulane University Law School in 2001, and his LL.M., Taxation, from Boston University School of Law.

    Posted in: Cooperative ("Co-op") and Condominium Law, Michael T. Reilly, News | Tags: ,

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