Marc J. Luxemburg

Mr. Luxemburg specializes in real estate law, and cooperative and condominium law. A recognized authority on the legal needs of cooperatives and condominiums, Mr. Luxemburg is the President of the Council of New York Cooperatives & Condominiums, and has drafted the revised form of proprietary lease that was promulgated by the Council.

Mr. Luxemburg advises Boards concerning enforcement of lease and bylaw provisions and in resolving disputes with shareholders and unit owners on subjects including:

• Alteration Agreements
• Objectionable conduct
• Transfers (including trust and LLC transfers) and sublets
• Defaults including non-payment of maintenance or common charges
  • Annual elections and special meetings
  • Financing, including refinancing of mortgages
  • FISP and renovation contracts
  • Garage and commercial leases
  • Management contracts and the role of the managing agent
  • Rights of holders of unsold shares
  • Sale of roof, garden, terrace, or hallway rights

Mr. Luxemburg has advised numerous buildings in litigation involving interpretation of the organic documents and has appeared amicus curiae in a number of important cases involving the rights of cooperatives and condominiums including:

• Fletcher v. the Dakota, Inc., 17 A.D.3d 43, 948 N.Y.S.2d 263 (App. Div. 1st Dept. 2012), concerning individual liability of directors for discrimination by a corporation.
• 511 West 232nd Owners Corp. v. Jennifer Realty Co., 98 N.Y.2d 144 (Court of Appeals 2002) establishing that a sponsor has an obligation to sell units so as to create a viable cooperative.
• Kralik v. 239 East 79th Owners Corp., 862 N.Y.S.2d 507 (App. Div. 1st Dept. 2008), concerning the definition of who is a holder of unsold shares.
• Pelton v. 77 Park Ave. Condominium, 38 A.D.3d 1 (App. Div. 1st Dept. 2006), concerning limitations on the liability of individual Board members.
• Pekelnaya v. Allyn, 25 A.D.3d 111 (App. Div. 1st Dept. 2005), concerning limitations on the liability of individual condominium unit owners.
• Susser v. 200 East 36th Owners Corp., 262 A.D.2d 197 (App. Div. 1st Dept. 1999), concerning enforcement of subletting rules against shareholders.

Mr. Luxemburg  continues to present seminars on a number of topics including:

• Current significant legal developments – an annual survey of recent cases involving cooperatives and condominiums
• Coop basics for new directors - a review of the legal and practical issues that are commonly faced by directors
• The new proprietary lease - an outline of the reasons for having a new proprietary lease and a comparison of the new form with existing leases
• The death of the business judgment rule - an analysis of cases limiting the application of the business judgment rule
• Transfers to trusts - a review of the issues faced by boards when a shareholder seeks to transfer an apartment to a trust or other entity
• Legal and practical differences between coop and condos - an analysis of the ways in which these two types of living in a multiple dwelling differ and the significance for the boards

Televised Interview

Appearance on “Speak Up” – Objectionable Conduct Under the Coop Proprietary Lease – Aired on Sunday, March 31, 2013, on Time Warner Network Channel 34. Watch the interview.

Published Works

How the Warranty of Habitability Should Apply to Cooperatives, New York Law Journal, Oct. 7, 1998.
Sales of Unsold Units: A Sponsor’s Obligation to Cooperatives, New York Law Journal, Feb. 15, 1995.