Experience Matters We Provide Creative Solutions

The attorneys at Schneider Buchel LLP regularly represent Homeowner Associations (HOAs) in all of their issues. We serve as general counsel to hundreds of community associations throughout New York State. We are veterans at handling virtually every type of legal issue impacting HOAs. Our firm offers HOA clients unique representation that is difficult to find anywhere else. We measure our success by our clients’ satisfaction, often demonstrated by their decision to continue their relationship with us long after the issue that first brought them to us is resolved. If you are searching for a firm to handle an HOA issue that you are currently faced with, we can help. Call us or fill out a contact form to schedule a consultation today.

Enforcement of the Terms of the HOA’s Declaration, By-Laws, and House Rules

Our firm handles the enforcement of the terms of the HOA’s Declaration, By-Laws, and House Rules. It is important for HOA Boards to consult with an attorney who is familiar with representing HOAs, as oftentimes, Boards adopt policies and rules that they do not have the right to adopt without amending the governing documents by a vote of the Homeowners. We help our HOA Boards comply with their governing documents so they can avoid expensive lawsuits. We also defend the HOAs and their Boards in lawsuits brought by homeowners regarding these issues.

Notably, one of the amendments we typically recommend to our clients is an amendment to the governing documents that requires the homeowner who sues the HOA and does not prevail to have to pay the HOA for the legal expenses the HOA incurs due to the homeowner's baseless lawsuit. Generally speaking, HOAs have broad authority to address problems. However, if solutions are not developed in a timely fashion and in good faith, they can take a long time and a lot of money to resolve and may result in legal action against the Board.

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Non-Payment of Assessment and Other Charges

One of the other significant issues facing HOA's is the non-payment of the monthly and other charges assessed by the HOA's Board (commonly referred to as the monthly and special assessments, or maintenance). The collection of these monies requires expertise and experience! HOAs are permitted to file a lien and, thereafter, foreclose that lien if the monies owed to the HOA are not paid. We have a department in our firm devoted to the collection of these monies and HOA lien foreclosures. As importantly, after the liens are foreclosed, our firm provides the HOA’s Board with practical advice on the options available (for example, selling or renting the unit and the risks involved or negotiating with a first mortgage holder to buy the HOA’s interest). We also work hard to collect all the monies owed to the association, such as interest, legal fees, and any other fees permitted by the association’s governing documents or the law. We strive to expeditiously proceed with the collection efforts, resulting in the HOA obtaining a paying homeowner or collecting its monies through other means much sooner.

Contract Review, Drafting, and Negotiation

The attorneys in our firm are skilled at reviewing, negotiating, and drafting any contract that your community association would need. This includes management contracts, contracts with vendors such as security, landscapers, snow removal, and other similar vendors; employment agreements, including collective bargaining agreements; AIA contracts for major construction/repair contracts; and contracts with professionals such as architects and engineers. It is extremely important to involve the community association’s attorney in the contract process, as the proposals or contracts provided by vendors oftentimes leave the community association exposed to significant risks such as the transfer of responsibility for injuries or damages (covered by proper indemnification and insurance provisions), warranty applicability, timeliness of work, etc.

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Regulatory Agencies and Code Mandates

Our attorneys are also adept at dealing with regulatory agencies and code mandates. We stay abreast of this frequently changing area of law so that our clients are aware of regulatory changes before they go into effect, making proactive compliance easier and eliminating the stress that comes with a finding of non-compliance. Our team can help you navigate the regulatory waters and, if necessary, prosecute or defend litigation in the area of the law.

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Protect Your Community Practical, Reliable Legal Advice.

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Governing Documents

Oftentimes, an HOA incorporates condominium sections into the HOA so that the HOA is essentially an “umbrella” over the condominium sections. We have guided many HOA's – Condominium schemes to “clean up” their governing documents so that the community and all of the respective Boards’ obligations (vis-à-vis repairs, improvements, collection of assessments, etc.) are handled by just the HOA board. In that regard, oftentimes, when the Offering Plans and governing documents contained therein (i.e., Declaration and By-Laws) are drafted by the Sponsor’s attorney, they do not provide the simplest and most effective way to govern the affairs of the HOA. We have drafted amendments to many HOAs’ governing documents to correct this issue.

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Construction Defect Litigation

Almost all newly constructed community associations have to deal with construction defects when they are handed over control of the association’s board from a sponsor-controlled Board to a homeowner-controlled Board. We have skilled litigation attorneys in our litigation department who handle these claims every day. We guide our clients on everything from hiring the required professionals (such as experienced engineers) to properly complying with the warranty requirements of the offering plans (including preparing and properly sending the Warranty Claim Forms, where applicable). We help the Board navigate the very technical process in an effort to help Boards get their construction defects repaired or recover the money needed to make the repairs.

We work closely with the experts as well. When necessary, we commence and litigate lawsuits needed to obtain the community association’s rights to get all of the relief the association is entitled to. Our representation includes every aspect of the litigation, including appeals. We also represent community associations in matters where contractors hired by the Board breach their contract and do not either perform the work required by the contract or perform it defectively. Our attorneys can help your Board navigate the issues that are encountered due to these circumstances. We will make every effort to resolve these claims without litigation, but are fully prepared to effectively represent the Condominium when these efforts don’t result in a resolution.

And Can Also Help You With

  • Financial security of the HOA
  • Complex dispute resolution
  • Negotiate, mediate, and litigate practical solutions
  • Loans (CIRA Loans) for capital expenditures and repairs
  • Contract drafting

Dedicated to Providing Excellent Client Care

Our commitment to client service means that we are more than willing to work with a HOA’s other professional agents in order to provide comprehensive representation. We understand we are not the only professionals advising you, so it makes sense for us to work directly with your professional team.

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Preeminent Specialists Meet Our Attorney Teams

At Schneider Buchel, every attorney is focused on a specific area of Community Association Law. When legal issues arise, you don’t get a generalist. Here, you get a coordinated team of legal specialists, each bringing deep experience in their field. Whether it’s day-to-day governance, contract negotiation, or complex litigation, you have the right attorney with the right experience working to protect your community’s interest and deliver the legal outcome you need.

Transactional Department:

Handles all day-to-day legal needs, including governance and contract matters.

Landlord-Tenant & Foreclosures Department:

Manages complex disputes and represents boards and associations in court.

Real Estate Department:

Specialists in all real estate transactions—drafting and negotiating leases, closings, etc.

Litigation Department:

Manages complex disputes and represents boards and associations in court.

Partners:

Lead the firm with deep expertise in community association and real estate law.

Marc H. Schneider

CEO and Managing Partner

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Justin S. Buchel

Partner

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George J. Mullane

Foreclosure and Landlord-Tenant Department Chair

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Cassidy R. Kalmenson

Landlord-Tenant Litigation Attorney

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Ivana Garbowski

Foreclosure Attorney

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Jason Goodman

Transactional Department Chair

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Jason Mohabir

Landlord-Tenant Litigation Attorney

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Mitchell J. Flachner

Litigation Department Chair

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Amy Zamir

Attorney

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Pete Weintraub

Attorney

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Sloan Zarkin

Attorney

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Suzanne Player

Foreclosure Attorney

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Vanessa Wilcox

Attorney

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Victoria M. Waller

Real Estate Department Chair

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Jennifer L. Anderson

Paralegal

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Idalia Innocent

Paralegal

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Margarita Morales

Paralegal

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About HOAs What Makes HOA Law Different

A HOA is an organization created by a real estate developer for the purpose of developing and managing a community of homes and townhomes. In exchange for giving up certain rights to the HOA, property owners get the benefits of the HOA, such as the amenities provided (i.e., Pools, clubhouses, landscape maintenance, security, etc.).

HOAs are governed by their Declaration, By-Laws, and House Rules as well as the NY Not-For-Profit Corporation Law (as most HOAs are formed pursuant to the NY Not-For-Profit Corporation Law).

HOA Boards are given the authority to enforce the covenants, conditions, and restrictions placed on the community in its foundational documents as well as manage the common elements of the development. Many HOA Boards are often faced with issues relating to a lack of homeowners’ understanding of what an HOA is and the rights and responsibilities of both the HOA’s Board and the homeowners. This is often a result of the fact that many purchasers of homes in an HOA come from single-family residences, which were not part of a condominium or HOA, where they had no restrictions (other than when a municipality’s involvement was needed).

In essence, previously, the homeowners could plant whatever plants they wanted to plant, paint their home whatever color they wanted it to be, and place whatever signs and fences they wanted on their property. When they move into an HOA, they often have difficulty understanding that they do not have those same rights in an HOA.

Our firm can help boards and managing agents navigate these issues with the non-compliant homeowners.

Client Testimonials What Our Clients Have To Say

Highly skilled at navigating the complex web of laws that apply only to associations.

John, Board Member

Your diligence and commitment to our community has been the catalyst to solving our delinquencies.

Ralph, Board President

Your professionalism and strong determination was the leading factor in winning all of our litigations.

Steve, Board President

We've had the pleasure of working with this exceptional law firm over 25 years and couldn't be more impressed.

Paul, Property Manager

Extremely competent and an exceptional ability to communicate effectively with Board Members.

Alexis, Board Member

Deep expertise in HOA law and strong commitment to protecting the best interests of our community.

Billy, HOA Association

Results-driven and the best choice we ever made. Highly recommended to anyone seeking the best legal counsel.

Steven, Co-Op Association

I am a property manager and have used Schneider Buchel for many years. They are extremely experienced in coop/condo law. Pete Weintraub recently advised a Coop Board on adopting a fine policy. He helped the Board develop the policy and gave them expert guidance on the process to get it approved by the shareholders. I highly recommend both the firm and Pete.

Richard Rush

Top Notch law firm. We entrusted Schneider Buchel LLP over the years as they provide us with their expertise on Co-Op Law. Justin Buchel has demonstrated his unwavering commitment to us, provides top tier representation and always delivers positive outcomes. Thank you.

Ingrid Baerwald

I've had the pleasure of working with Victoria Waller for a luxury condominium in the heart of Gramercy and can say, hands down, she is one of the best! Her construction background is just a bonus to her work ethic, professionalism, and thoroughness! When Victoria is involved, clients are confident that their concerns will be heard and addressed timely.

Maribel Vega

The firm exemplifies a high level of professionalism and great attention to detail. Throughout my years of experience collaborating with various firms in the industry, I have found this particular firm to be the most responsive and professional. Notably, Victoria Waller, who is extremely competent and has an exceptional ability to communicate effectively with Board Members, providing thorough explanations.

Alexis Fritz

We have had nothing but excellent interactions with Victoria Waller and the team at Schneider Buchel. Her advice is on point, clear and practical. She's readily available and always responds to messages and emails. She's a great addition to the team.

Tom Flood

Schneider Buchel LLP have represented our cooperative for over 20 years. Their staff are friendly, knowledgeable, and on target no matter what issue we present. They are result driven and the best choice we ever made. I highly recommend them to anyone seeking the very best legal counsel.

Steven Liss

I am an attorney in Florida and I have known Marc personally and professionally for almost 10 years. I would not hesitate in sending him any work relating to HOA or COA law; his expertise is amazing, and his ethics are second to none.

Craig Goldenfarb

Great law firm! Everyone is extremely helpful when dealing with all of our co-op issues. Big shout out to Anda! She is on top of everything all the time and constantly updates us! Highly recommend!

Lori Max

Love working with Victoria. She is very attentive and responses very quickly to e mails and calls. Working with Victoria makes the transactions go smooth and easy.:)

Elham Danialian

Marc has unmatched focus on everything an association needs to be successful and well run. His firm truly is one of the top in the country for this very specific area of law.

John Lin McCraw

I would like to share my experiences with this firm. All of my dealings with the entire team have been exceptional. All matters are dealt with efficiently, effectively and professionally. The level of expertise is beyond compare.

Joei Losito

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