The Power of the Alteration Agreement

Leni Cummins addresses the challenges arising for New York City condominium boards and unit-owners as they navigate construction delays and apartment alteration agreement deadlines in Habitat. With construction time constraints part of such agreements, issues are arising with meeting deadlines due to pandemic-related construction shutdowns. According to Leni, often times older agreements do not give boards the power to control the alteration when problems arise, which is becoming more common as construction projects restart.

Leni shares that in some situations the condominium board and the unit-owner have agreed to a scenario that satisfies both parties, addresses resident concerns, and complies with New York State and New York City guidelines. She also discusses the role of the indemnification provision, which is often needed in instances when condominiums continue to use older agreements. 

"These older ones [alteration agreements] are more limited, in some instances the provisions don't exist," Leni said. "But, certainly you want to make sure that the indemnification will cover not only liability, but also breaches of New York State and New York City guidelines and the violations and fines that might spring from those."

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Leni Morrison Cummins

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lcummins@cozen.com

(212) 883-4954


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