Gary A. Krimstock

Representative Matters

  • Successfully guided large condominium association through declaration amendment process requiring super-majority approval vote of unit owners to restrict rentals to 15% of units.
  • Assisted several large urban high-rise condominium associations in adopting total smoking ban for entire building, including inside units and on balconies.
  • Assisted several large condominium associations in adopting corrective amendment to declaration to restrict rentals in conformity with mortgage underwriting guidelines.
  • Successfully represented large urban condominium association in litigation with HUD regarding adoption of approved reasonable accommodation policy for assistance animals pursuant to the federal Fair Housing Amendments Act.
  • Assisted several large condominium associations in adopting reasonable accommodation policy for assistance animals pursuant to the federal Fair Housing Amendments Act.
  • Represented an urban luxury high-rise condominium association to enforce a decades old pre-construction zoning agreement prohibiting commercial leasing of  a floor retained by the developer, ultimately forcing the conversion of the floor to the desired residential use.
  • Represented a condominium association in litigation and successful negotiation with developer affiliate that owned commercial space and garages in building shared with condominium, resulting in fair but complex cross-easement and cost-sharing agreement.
  • Successfully represented a condominium association and obtained a landmark decision whereby condominium unit owners cannot withhold or escrow payment of assessed charges for any reason, including dissatisfaction with the condominium association’s performance of common element maintenance.
  • Achieved real estate tax reductions for 3300 individual condominium owners in tax assessment appeals to a local government board.
  • Successfully represented a condominium association in a case in which the court held that the recorded condominium documents govern all major decisions made by the association. The owner of a high-rise condominium unit claimed she paid higher condominium fees than her neighbor who had the same unit on a higher floor.  Court held in favor of the condominium association.
  • Represented a condominium association in an action to remove an owner who was disruptive to the building. Worked with local law enforcement, association management and social services to enable the owner to get appropriate housing and care.
  • Successfully guided a large urban condominium association through a $23 million capital improvement project, including repair and replacement of both common and limited common elements.  Representation included the owner approval process, objectors’ litigation, vendor contracting, special assessments and collection, and project construction.
  • Negotiated with urban municipality to allow amnesty period and agreed simplified document filings to bring condominium properties (as not-for-profit entities) into compliance with complex licensing requirements.
  • Negotiated successful settlement of urban high-rise condominium’s transition construction defect lawsuit against developer and general contractor, resulting in seven figure value to condominium association and exhaustion of all developer’s assets.
  • Successfully submitted and obtained FHA Condominium Project Approvals for many communities under revised and evolving underwriting guidelines and requirements