Beyond "No": The Smart Board's Guide to Handling Document Requests

Legal Talk for Co-ops and Condos

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Tracy Peterson, a partner at the law firm Braverman Greenspun, joins Habitat's Paula Chin for an essential discussion on how co-op and condo boards should handle resident requests for information and documents about fellow residents. Peterson draws from her extensive experience to explain when boards must share information, what they can protect, and how to avoid unnecessary litigation.
Board directors will gain practical insights into:
* The broad rights shareholders and unit owners have to access building records and documents, particularly during election seasons when candidates need to communicate with fellow residents
* How boards can protect sensitive information by using confidentiality agreements, which most requesting parties are willing to sign
* Why boards should proactively survey residents annually about their preferences for sharing contact information, creating clear guidelines before requests arise
* The importance of the "good faith" requirement - boards can deny requests that appear to be fishing expeditions without specific purposes, but should consult counsel before doing so
Peterson emphasizes that boards often make the mistake of immediately denying information requests, which can create adversarial relationships and lead to lawsuits. Instead, she recommends consulting with legal counsel to understand what must be shared under the Business Corporation Law, which applies to both co-ops and condos. With proper guidance and the strategic use of confidentiality agreements, boards can maintain transparency while protecting resident privacy.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!