Insurance Losses at Common Interest Communities: Guidance for Governing Boards and Individual Unit Owners

Mr. Brandt is Partner and Chair of the Co-op & Condominium Law practice and a commercial real estate attorney in the Real Estate Law group for Davidoff Hutcher & Citron LLP in New York City, where he concentrates his practice on all aspects of cooperative and condominium law. He represents the boards of residential co-ops and condos throughout New York, as well as many individual apartment owners in the enforcement of shareholder rights. Mr. Brandt also navigates his clients through the complex terrain of real property insurance coverage for both homeowners’ policies and large real property indemnity polices that insure residential multiple dwellings and commercial properties. He guides homeowners’ associations in all matters of corporate governance, including review and negotiation of building contracts, insurance claim and coverage analysis, casualty damages and property losses, mortgage refinancing, election disputes, review and analysis of corporate governing documents, alterations, construction and owner issues, apartment unit transfer matters, and represent sellers or buyers in individual purchases in a co-op or condos, and assist co-ops and condos when issues arise in connection with a sale including negotiation of trust and estate documents, assignment of alteration agreements or other transfer rights. Mr. Brandt brings a wealth of knowledge about how landlords and developers calculate the value of lease buyouts, about what tenants can financially achieve in return for relinquishing their valuable leasehold rights to landlords, and he successfully negotiates to maximize value for his clients. He is also general counsel to various condominiums and cooperatives in the New York City area.

Ms. Brady is a principal in the firm’s litigation department. She comes to MBM with years of experience in condominium and real estate litigation and recognized expertise in fair housing, affordable housing and the myriad of statutes and regulations which apply. In her litigation practice, Ms. Brady has handled complex transitional litigation including phasing disputes, construction defect claims and related matters. Most recently in her work with the City of Boston she was intimately involved with the development of housing policies including drafting and testifying in support of bills that would increase homeownership opportunities for middle income households, incentivize the preservation of naturally occurring affordable housing, prevent family homelessness and enhance tenant protections.

Ms. Elmore advises condominium, homeowner, and townhome community associations on all aspects of corporate law including: association contracts, amendments to declarations and by-laws, rule enforcement, the special assessment process, board elections, assessment collection, foreclosures and bankruptcy issues, developer turnover, construction defect disputes, and contract review. She is Chair of the firm’s Deconversion Department and advises condominium associations on the complex process of condominium deconversion (or “Section 15 sale”).  In this process, a buyer or developer purchases a condominium property and converts the property into apartment rentals. Considered by many in the industry to be the leading authority in the deconversion process, Ms. Elmore is a regular guest speaker and panelist for various industry lectures, seminars and panel discussions.