Insurance Issues in Common Interest Communities: Key Policy Provisions, Governing Documents, Mitigating Dispute Risks

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.

Mr. Brandt is a partner and practices co-op and condominium law, residential and commercial real estate litigation and counseling, and landlord-tenant law. He represents co-op and condo boards throughout New York, as well as many individual apartment owners in the enforcement of their rights. Mr. Brandt also navigates his clients through the complex terrain of property insurance coverage for both homeowners’ policies and large real property indemnity polices that insure residential multiple dwellings and commercial properties. He guides co-ops and condos in all matters of governance, including review and negotiation of building contracts, insurance claims 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, assists 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. He also brings a wealth of knowledge about how landlords and developers calculate the value of real estate, including 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. Mr. Brandt is well versed in insurance law as it pertains to real estate. He firmly believes that insurance companies routinely and improperly deny coverage for losses and under-adjust or under-indemnify for these losses, particularly with floods and fires, to the detriment of co-ops, condos, and other property owners and tenants. He vigorously advocates for policyholders to maximize indemnification rights under insurance policies. Unlike many of his competitors in co-op and condo law, he has extensive litigation experience, on behalf of owners and associations, in bringing coverage actions against insurers.