Understanding Condominium Law

Understanding Condominium Law: Why Declarations and By-Laws Matter — And How Handel & Carlini, LLP Can Help

For many property owners and developers in New York, the world of condominium and cooperative (Co-op) law can be complex and, at times, overwhelming. Whether you're launching a new residential development or managing an existing association, understanding the critical documents that govern your community — particularly the declaration and by-laws — is essential for ensuring legal compliance, smooth operations, and the protection of your rights.

At Handel & Carlini, LLP, we specialize in guiding both developers and associations through the intricate landscape of condominium and Co-op law. Here’s what you need to know — and how we can help.

What Are Condominium Declarations and By-Laws?

When a condominium is created, the declaration is the foundational legal document that establishes the condominium and defines each unit owner’s interest in the common elements. The by-laws, on the other hand, govern how the condominium operates — including board elections, meetings, voting procedures, and the powers and duties of the board of managers.

Together, these documents act as the “constitution” of your community, and understanding them is vital for both developers and unit owners.

How Handel & Carlini, LLP Supports Developers

Our firm represents developers before the New York State Office of the Attorney General, assisting with the complex process of registering and submitting offering plans. We are experienced in drafting legally sound and market-ready condominium and Co-op offering plans, ensuring compliance with all applicable regulations.

If you're a developer or residential building owner looking to establish a condominium or Co-op, our team is ready to help you navigate every legal requirement with clarity and confidence.

How We Assist Condominium and Co-Op Associations

Handel & Carlini, LLP also serves as Counsel to condominium and Co-op associations, advising boards of managers on how to interpret and enforce their governing documents. This includes:

• Attending unit owner and board meetings

• Offering guidance on legal obligations under the declaration and by-laws

• Assisting with internal governance issues and disputes

• Prosecuting claims for unpaid common charges and assessments, helping associations recover vital funds

Whether you are a newly elected board member or a long-standing association leader, having knowledgeable legal counsel is critical for protecting the integrity of your building’s governance.

Why Legal Guidance Matters

Far too often, associations and owners encounter legal issues simply because the declaration or by-laws are misunderstood or improperly applied. This can lead to internal conflicts, compliance problems, and unnecessary financial strain.

At Handel & Carlini, LLP, we take a proactive, client-centered approach. We help interpret, enforce, and amend these governing documents when necessary — always with the goal of promoting clarity, fairness, and legal soundness.

Schedule Your Free Consultation

Whether you're a developer preparing an offering plan or a board member seeking guidance on your association’s rights and responsibilities, Handel & Carlini, LLP is here to help. Call (845) 454-2221 Or contact us via our web inquiry form to schedule a free initial consultation with a knowledgeable condominium attorney today.