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When a licensed cannabis dispensary tried to set up shop inside a primarily residential Manhattan condominium, the board found itself in an uncomfortable position: their bylaws, drafted decades earlier, simply hadn't anticipated this moment. The commercial unit owner had rights. The tenant had a potential license. And the board had far less leverage than they expected.

In this episode, Jennifer Miller, managing partner at J. Miller Law, talks about how this dispute unfolded and what it exposed about the way mixed-use buildings are governed. The case raises questions that apply well beyond cannabis — about what happens when the document running your building was written in a completely different era, and what realistic options boards actually have when they want to push back. The answer involves more creativity, negotiation, and luck than most people would expect. Habitat's Carol Ott conducts the interview.

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!