Real Property Litigation

Guararra & Zaitz has extensive experience in the area of real property litigation. Our clients include homeowners’ associations and cooperative boards seeking to enforce the terms of their by-laws or other rules that govern their associated members. Our clients in this area also included clients who seek to have judgments that they have had rendered in their favor satisfied by execution against the real property of the judgment debtor. Some of our recent real property related representations have included:

• Successful enforcement of restrictive covenants for New York City private homeowners associations, including obtaining temporary restraining orders and preliminary and permanent injunctions, on issues involving approval of architectural changes, parking restrictions, and maintenance obligations.

• Successfully defending on appeal numerous challenges to a private homeowners association’s right and ability to enforce restrictive covenants involving an offending architectural addition, with the reported decision in Forest Hills Gardens Corp. v. Evan, 12 A.D.3d 563, 786 N.Y.S.2d 70 (2d Dept. 2004).

• Representation of co-owner of cooperative apartment owned jointly with former live-in partner on action seeking judicial partition and sale of apartment and distribution of proceeds in accordance with ownership interests.

• Representation of judgment creditor against judgment debtor and judgment debtor’s transferee of fraudulently conveyed real property.