Scott M. Smiler

Board Representation

Serving as general counsel to many cooperatives and condominiums, Scott assists with matters ranging from minor quality-of-life complaints to refinances and major capital improvement projects such as exterior facade, terrace and roof rehabilitation work, hallway and lobby renovations, gas riser replacements, oil-to-gas conversions, and elevator modernization and maintenance programs. Frequently, Scott prepares AIA contracts with architects, engineers, consultants, contractors, and designers. He also drafts and negotiates property management agreements and license agreements addressing cell phone tower installations, parking spaces, laundry rooms, storage bins, terrace/roof space, fitness centers, and office-share arrangements. Scott attends annual shareholder meetings and board meetings, as well as serves as a transfer agent for some of his cooperative building clients.

Scott has become a leader in representing Mitchell-Lama housing corporations. The buildings in his portfolio are comprised of more than 6,000 units. He is instrumental in securing multi-million dollar financing packages for his client’s capital improvement projects; and has developed a professional and productive relationship with the governing agencies of the Mitchell-Lama program like HPD and HDC.

Buying and Selling

Scott represents buyers and sellers of commercial properties, residential homes, cooperative apartments, condominium units, air rights, and vacant parcels; and his commercial transactions regularly involve 1031 tax-deferred exchanges.

Commercial Leasing

Scott negotiates on behalf of both landlords and tenants in connection with retail store leases, office leases, medical office leases, anchor-store tenant leases, and restaurants/bars/liquor stores leases, as well as residential leases.

Some of his experience includes negotiating and purchasing properties with triple-net leases throughout the country with national chain tenants such as Walgreens, CVS, Verizon, Burger King, Taco Bell/KFC, Bob Evan’s, 7-11, Advance Auto, Murphy’s Oil and Circle K. Such transactions have taken place in Arizona, California, Florida, Indiana, New York, North Carolina, and Texas.

He also represented an upscale clothing retailer in their expansion into the U.S. market by negotiating commercial leases in high-end mixed-used properties located in Atlanta, Miami, New York, San Francisco, and Washington D.C.

Property Development

In connection with new developments, Scott drafts condominium offering plans and works with the Attorney General’s Office in order to obtain the plan’s final acceptance for filing.

He has also drafted numerous neighbor access agreements where adjacent property owners require access to a neighboring building in order to install protection in connection with repair work or ground-up construction.

Scott, who was born in Queens and grew up in Jericho, now resides in Syosset with his wife and two boys. He is active in his community as well as his fraternal alumni organization of Alpha Epsilon Pi.

Published Works

Note, Justice Ruth Bader Ginsburg, "The Virginia Military Institute: A Culmination of Strategic Success." 4 Cardozo Women's L. J. 541 (1998).