Gary A. Krimstock

Gary A. Krimstock concentrates his legal practice in real estate and commercial litigation with a focus on community association law, tax assessment appeals, zoning, business disputes and administrative regulatory issues.

With more than 35 years of experience, Gary advises commercial and residential real estate owners, developers and tenants, condominium and homeowner associations, entrepreneurs, and non-profit organizations on a variety of real estate, business, regulatory and litigation matters.

A seasoned transaction attorney and litigator, Gary has represented business clients and individuals before various administrative agencies, and state and federal courts throughout Pennsylvania and New Jersey.

Gary is a Fellow of the prestigious national College of Community Association Lawyers, legal counsel to the Greater Philadelphia Condominium Managers Association, Past-President of the Community Associations Institute Pennsylvania/Delaware Valley Chapter, and is a frequent lecturer on real estate issues.

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
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Education

  • Villanova University School of Law (J.D., 1973)
  • Drexel University (B.S., Accounting, 1970)

Bar Admissions

  • Pennsylvania State and Federal (Eastern District and Third Circuit)
  • New Jersey State and Federal
  • US Tax Court

Honors/Awards

  • Pennsylvania Super Lawyers
  • Martindale Hubbell “AV Preeminent” Top Rated Lawyer
  • College of Community Association Lawyers

Memberships

  • Community Associations Institute, Past-President, Chair Philadelphia Council
  • Greater Philadelphia Condominium Managers Association – General Legal Counsel
  • Lambda Alpha International Real Estate Honor Society
  • Urban Land Institute
  • Philadelphia Bar Association
  • American Bar Association

In The News

  • Featured on CBS3-TV News, July 29, 2015 – Center City condo lawyer Gary Krimstock: “Renting your condo for the Papal visit is not allowed by your condo association, and your visitors may be denied access to your building.”
  • Quoted in Philadelphia Inquirer, May 3, 2015 – Condo managers don’t usually allow short-term renters, and “most are being proactive [for the Papal visit] and giving notice to their owners and residents that it is not permitted.”, said lawyer Center City condo lawyer Gary Krimstock.
  • Quoted in Philadelphia Inquirer, February 22, 2015 – “There is now a growing trend in condominiums nationwide … to impose a total ban on smoking anywhere on the property …”, said Gary Krimstock, a lawyer specializing in condo association law.
  • Quoted in Metro Philadelphia, October 19, 2011 – “Individual [condo owners] pay the same real estate taxes as other property owners in the city … but they don’t receive trash collection.” From testimony before the Philadelphia City Council Finance Committee in favor of legislation to provide a tax credit to condominium unit owners.
  • Quoted in Philadelphia Inquirer, June 28, 2009 – “… real estate lawyer Gary Krimstock, who represents most of the luxury condominium buildings in Center City,… who specializes in condominium association law.”

Publications

Speaking Engagements/Presentations

  • “What Happens When a Unit Owner Dies”, CAI Program, March, 2016
  • “Are Reserve Assessments Taxable Income? IRS says, Maybe!”, CAI High-Rise Condo Conference, November, 2015
  • “Philadelphia AVI Real Estate Tax Program Update”, HAPCO Membership Meeting, September, 2013
  • “What We Know and Don’t Know About the AVI Real Estate Tax Program in Philadelphia”,
    Various Condo Association and Rittenhouse Community Coalition Programs, Spring, 2013
  • “Reasonable Accommodations Under Fair Housing Laws”, CAI and GPCMA Program, Philadelphia, PA, January, 2013
  • “Legislative and Legal Update for Condos and Co-Ops”, Philadelphia Condo Congress, Philadelphia, PA, October, 2012
  • “Hot Topics and Current Trends in Condo Law: An Important Update”, Philadelphia, PA, October, 2012
  • “The Mortgage Mess”, CAI Program, Philadelphia, PA, October, 2011
  • “Current Important Issues and Trends Affecting Condominiums”, Philadelphia, PA, September, 2011
  • “Manager Employment – To Contract Or Not To Contract”, Greater Philadelphia Condominium Managers Association, Philadelphia, PA, April, 2011
  • “Cover Your Assets – Insurance for the Urban Community”, CAI Education Program for Managers, Philadelphia, PA, October, 2010
  • “Growing Problem of Delinquencies in the Current Economy”, Greater Philadelphia Condominium Managers Association, Bala Cynwyd, PA, March, 2009
  • “The Reluctant Landlord”, CAI Program, Philadelphia, PA, March, 2009
  • “Enforcing Rules in a Diverse Community”, CAI Education Program for Managers, Media, PA, September, 2008
  • “The Problem Unit Owner and a Solution”, Camco Managers Meeting, Havertown, PA, May, 2008
  • “Philadelphia’s Future – Trends and Perspective on the Direction of Our City”, CAI Program, Philadelphia, PA, April, 2008
  • “Seminar for Accountants – Philadelphia Real Estate Tax Issues” – Philadelphia, PA, September, 2007, July, 2006
  • “Urban Intel 101: Philadelphia Real Estate Tax Secrets”, CAI Annual Conference and Expo, Valley Forge, PA, November, 2006
  • “Ethics Seminar”, Camco Managers Meeting, Havertown, PA, March, 2004
  • “Delinquency Collections Seminar”, Camco Managers Meeting, Havertown, PA, October, 2001
  • “Homeowner’s Rage”, CAI Education Program for Managers, Plymouth Meeting, PA, November, 2000
  • “Business Planning Workshop – Legal Issues”, Temple University Small Business Development Center, Warminster, PA, June, 1996, August, 1995
  • “Negotiating Skills and Ethics: The Best Deal in an Ethical Manner”, Philadelphia Bar Education Center, Philadelphia, PA, February, 1995
  • “Litigation – Depositions of Management”, Camco Managers Meeting, Havertown, PA, June, 1994
  • “Ethics Seminar”, Society Hill Towers, Philadelphia, PA, April, 1989
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Community/Civic Involvement

  • Congregations of Shaare Shamayim – Past-President, Legal Counsel, Board Member
  • 191 Presidential Condominium Association – Board Member
  • Ocean Club Condominium Association – Vice President
  • Village at Huntingdon Valley Condominium Association – Past-President