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Bruce A. Cholst

Partner

Real Estate
Litigation
Cooperative & Condominium Law

 

 

New York
t: 212-687-7770
f: 212-687-8030
email: bac@rosenlivingston.com
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Education

New York Law School, J.D. 1977

Trinity College (Hartford, CT), B.A. 1974

Bar Admissions

New York
Florida
Washington D.C.

Court Admissions

United States District Court for the Southern District of New York
United States District Court for the Eastern District of New York

Bruce A. Cholst joined the firm in 1989 and was named Partner in 1996. Previously Bruce clerked for two New York State Supreme Court justices and worked as a commercial litigator for two other law firms.

Mr. Cholst represents the firm’s cooperative and condominium clients in complex sponsor defect and sponsor arrears litigation, shareholder controversies, commercial and residential nonpayment actions, foreclosure suits, vendor claims and board election disputes.

Mr. Cholst also provides the firm’s Co-op and Condominium clients with counsel on corporate and governance issues and negotiates their commercial leases and management contracts.

Mr. Cholst has served on the New York City Bar Association Sub-Committee on cooperatives and condominiums as well as the New York State Bar Association Cooperative and Condominium Liens Subcommittee. He frequently writes and lectures and is often quoted in the trade press and The New York Times on issues relating to Cooperatives, Condominiums and Homeowner Associations.

In 1997, Mr. Cholst published a booklet entitled ‘When to Litigate, When to Mediate: A Guide to Dispute Resolution for Co-op and Condo Boards.’

In 2012, he co-authorized with RLC Partner Mary L. Kosmark an article published in the New York Law Journal titled ‘Overcoming Limitations on Condo Boards in Dealing With Unruly Residents.’

Mr. Cholst has been serving since 2000 as a member of his own Manhattan Cooperative’s Board of Directors.

Hoffman v. 345 East 73 Street Owners Corp, et al., 186 A.D.2d (1st Dept. 1992) — which was the first judicial decision prohibiting a Co-op shareholder from operating a bed and breakfast hotel out of his apartment.

Braun et al. v. 941 Park Ave. Inc., et al., 32 A.D.3d 21 (1st Dept. 2006) — which set a new standard for judicial review of house rules.

Kelley v. 838 Greenwich Owners Corp. — which held that a Co-op Board is not liable to shareholders for failing to abate a noise condition (a neighboring Rap Club) arising from outside the building.

Representative Speaking Engagements

  • Enforcing the Rules (Presented annually at Council of New York Cooperatives and Condominiums Housing Conference)
  • Subletting Issues in New York (Presented semi-annually at Council of New York Cooperatives and Condominiums Housing Conference)
  • Effective Rule Making (Presented at Council of New York Cooperatives and Condominiums Housing Conference)
  • Apartment Renovations and Combinations – Alterations and Altercations (Presented at Council of New York Cooperatives and Condominiums Housing Conference)
  • Serving on a Co-op and Condo Board – Governance Issues (CLE — Sponsored by New York City Bar Association)
  • Business Judgment Rule in Plain English (CLE – Sponsored by New York Law School)
  • Legal Responsibilities of Board Members (Presented both at Cooperator symposium and in Webinar format)
  • Mediation as an Alternative to Litigation in Resolving Co-op/Condo Disputes (Conference — Sponsored by New York Association of Real Estate Managers)
  • Controlling Legal Costs in Co-ops and Condos (Professional Development Program for Managing Agents)
  • Panel Discussion Concerning Quality of Life Issues in Co-ops and Condos (Sponsored by Argo Real Estate)
  • A Practical Guide to Buying a Co-op or Condo: Things to Know and Mistakes to Avoid (Presented at New York Public Library)
  • Board Operations (Conference — Sponsored by Cooperator)
  • Various Pod Casts (Sponsored by Habitat)
  • Pod Cast sponsored by Jonathan Miller of Miller & Samuels Real Estate Appraisers concerning the difference between cooperatives and condominiums
  • Comparison between Cooperatives and Condominiums (Presented at a Co-op/Condo forum sponsored by the Alliance of Condo and Co-op Owners)
  • Mediating Coop and Condo Disputes (Panel Discussion Sponsored by New York City Bar Association).

Representative Publications

  • Overcoming Limitations of Condo Boards in Dealing with Unruly Residents (New York Law Journal, March 13, 2012)
  • Regular appearances in New York Times, Real Estate Section, Q&A Column
  • Regular appearances in Cooperator’s Legal Q&A Column
  • Good News for Condos: New Remedy Against Unruly Residents (Habitat, July, 2012)
  • Smoking Bans — A Burning Issue (Co-op — Condo Legal News, Autumn, 2011)
  • A Guide to Elections, Proxies and other Annual Meeting Concerns (Habitat, February, 2010)
  • Board-Owner Controversy: Alterations, Altercations, Noise and All that Jazz (Co-op — Condo Legal News, Autumn, 2011)
  • Should We Sell the Stairs? (Habitat, February, 2008)
  • Admit One? How to Avoid the Pitfalls of the Admissions Process (Habitat, February, 2007)
  • Fighting Over Flip Taxes (Habitat, February, 2005)
  • Disability Discrimination: Failure to Accommodate May Lead to Board Liability (Cooperator, September, 1999)
  • Voting by Proxy (Cooperator, July, 1997)
  • Recovering Legal Fees: Can the Board Recoup Losses? (Cooperator, November, 1996)
  • Holders of Unsold Shares: Lessening Their Presence in Your Co-op (Cooperator, June, 1996)
  • Boards Should Consider Mandatory Homeowners Insurance (Professional Management, Cooper Square Realty, Inc. Quarterly Publication, December, 1995)
  • Limiting Sponsor Power With Careful Planning and Knowledge: It Can Be Done (Cooperator, October, 1995)
  • What is Defamation? Libel and Slander are Tricky Terms (Cooperator, June, 1995)
  • Is Your Board Carrying Out its Fiduciary Duty? Know What That Duty Is and What Constitutes a Breach (Cooperator, December, 1994)
  • Is your Building’s Sublet Fee Enforceable? (CCLI Communications, December, 1994)

  • City Bar Association Cooperative and Condominium Subcommittee, 2004-2007 and 2009-2012
  • NYCLA Cooperative and Condominium Subcommittee
  • Queens County Borough President’s Cooperative and Condominium Task Force