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Why is not the Board giving access to Financial Records? What to do? - Gina Apr 02, 2024

We recently had an assessment imposed in out Coop of about 380 shareholders. While it is apparent work needs to get done, a few shareholders requested in writing access to financial records. There was a letter sent to the Property manager by am attorney, and he seems to have gone crazy. It is important to mention that the Property manager is kind of the gate keeper. There is no way we can speak with the Board and when we asked for the records in a meeting, the president said "No". In the last 14 years has been no quorum, therefore, the Board Members have remained by default in their position. Please share best practices on how to get shareholders to participate so when November comes we are prepared for a new board. None wants the actual Board, but the property manager seems to intimidate people and they are scared to act.
Can we create a Facebook group? or any other platforms we can utilize?

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coop insurance - DP Mar 28, 2024

Hello,

Looking for references.
My coop insurance (Allstate) has gone up more than 25% this year over last year. Is anyone else experiencing this kind of rate raise? And if not, does anyone have an insurance company or broker they would recommend?
Thank you!

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I have Travelers / Geico. It went up a bit but not that much.

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I have State Farm. I've been with them since 1996 and I believe longevity has an effect on premiums. My rate did not go up anywhere near 25%.

Some factors to consider.
* The size of your deductible. It usually ranges from $500 to $2000 per claim. If you're not at $2000 and you feel you can afford the hit if you have a claim, I would change it to that limit. It will reduce your premium.
* How long have you been with Allstate? Longevity and claim history has an effect
* How many claims have you filed that Allstate had to pay out on?
* What are your various coverage limits?
* Do you have any riders for non-standard insurance, like for jewelry, artwork, collections, things like that? The value of these easily liquidated items has gone up significantly

Bottom line, the cost of insurance had gone up out of proportion to the actual cost of repair/replace. Increased litigation and large damage awards are a factor. Cost of replacement materials and labor has gone up. Increased crime, vandalism, theft, fire all have an effect on premiums.

If you think co-op owner's insurance is ridiculous, you should see your co-op corporation's premium. I was treasurer and I *know*.

Shop around, but make sure you go with a company that is rated A.M. Best "A" or "A+". You don't want insurance that is going to struggle or not be able to pay at all when you need insurance the most.

Good luck.

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Thank you for your input, especially you Steve; as usual your feedback is very complete. The rate went up because (a) rates went up, and also (b) Allstate automatically raised something within it. I can't go into it all, but, bottom line is that I spoke to my agent, reduced some coverage, and will take the hit for now. Best regards...

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Best of luck to you too, DP.

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Board Elections - problem with Inspector - Disenfranchised Mar 25, 2024

A new Managing Agent was recently hired by the board of a large NYC coop. Some shareholders are unhappy with the performance of the board and the new Managing Agent.

At the annual meeting the board members who hired the new Managing Agent also appointed them to act as the exclusive Inspector of Election. In this capacity the new Managing Agent / Inspector refused to make the results of the election available for review and would only announce the "winners" of the election (which happened to be the same board members who hired the new Managing Agent).

This behavior appears to violate the coop’s by-laws and Section 610 of the Business Corporation Law, but the controlling board members and Managing Agent insist they have the right to act in this manner. Shareholders who ran in the election but were told they “lost” have no way to examine the results and feel disenfranchised. Any thoughts on how to address this matter would be appreciated.

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Zoom Meetings and the BY-LAWS- Board Meetings - Gouverneur Gardens Mar 13, 2024

If the BY-LAWS are silent—no mention—regarding Zoom or online meetings, Can the Board only implement Zoom-online meetings with Shareholders until they decide to change them?

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IIRC the NYC Counsel or the NYC legislature enacted a special exemption permitting board meetings to be held via Zoom or any other video conferencing service. This was done during the height of Covid and was intended to facilitate the board being able to conduct business every month despite any provisions in the By-laws. Check with your co-op's attorney for a definitive answer.

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Per a follow-up email from HPD today, in-person meetings are not required. Conversely, online platforms such as Zoom will suffice in agency requirements.

Your Thoughts Please .....

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Not sure what else can be added to this conversation. If the HPD said in-person meetings are not required, the board has carte blanche to conduct meetings in a venue of their choosing, be it in person or virtual online.

Am I missing something in your question?

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Perhaps BCL "Business Corporation Law " has something? The majority of shareholders are not board with online only, and many are not tech-savvy. Thank you.

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I think it’s good to ask shareholders from time to time what they’d like. In 2024 boards need to be more open minded and not everything is about looking at old documents from 30-40 years ago. How about a compromise and one year virtual and the next year in person so both sides are happy?

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Community Room Access to Shareholders - Gouverneur Gardens Mar 07, 2024

Can Shareholders in a Mitchell Lama Cooperative requesting access to the community room to discuss the Election be denied by the Board and Management?

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This is an interesting question. I would believe if a shareholder is requesting the community room to have a shareholders meeting the board should not have the power to denied the shareholder in question the community room.

It’s not like they’re having a party or fundraising event where the board would have the right to express concerns of allowing the shareholders in the community room.

So with that being said I hope there’s an attorney out there that could answer the question in a legal manner if the shareholder in question has had his or hers request to the community room rights violated.

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There are rulings in the Mitchell Lama Guidelines underscoring accessibility rights to shareholders. . Worth stating after much push back Gouverneur Shareholders were granted access to use the space to discuss Board Elections. Its was censored by the Board nonetheless. . If anyone out there with legal experience please help with suggestions it will be greatly appreciated.

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If the co-op is a mitchell lama co-op the mitchell lama rules states the shareholders rights. also
Hud rights and responsibilities

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The Mitchell Lama Guidelines contain rulings underscoring shareholders' accessibility rights. It is worth stating here that we received a lot of pushback from the board.
Shareholders were eventually granted access to our community room to discuss Board Elections, but not without censorship from board members.

Anyone with Legal experience, please advise. It will be greatly appreciated. Thank you.

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Airbnb - NYC Mar 06, 2024

Can a board impose a sublet penalty of $3k while the original shareholder is living in the apartment and renting the second bedroom via airbnb? By definition, sublet occurs when the shareholder is not present; which is not the case.

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Is that subletting or you have a roommate?

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Airbnb is considered short-term renting. Keep in mind the shareholder is living in the apartment. In fact, its a pre-requisite when applying for a registration number. my question is, can they impose a subletting fee when the shareholding is currently living in the same unit.

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https://cooperatornews.com/article/qa-not-fine-with-fines

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Using information gained by debt collector - Elisa Feb 19, 2024

We have an owner who owes quite a bit of money to our building. They use an old email address that often does not work well, e.g., our emails to them often bounce back. If we hire a debt collector, and the debt collector identifies the person's current, working email, does the board then have the right to use it? (This might be a work email.) Thanks for any insight.

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You are right to identify potential legal and other issues involved with collecting a debt from a shareholder. I would contact the co-op's attorney to get their opinions and recommendations. Engaging a debt collector might create more problems that it solves because of NYC tenants' rights laws, and there are other less draconian ways to resolve an overdue maintenance issue with a shareholder.

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Gross Floor Area Calculation for Residential Building :: Does It Include Uncovered Roof Decks... - Joe Feb 18, 2024

I'm attempting to calculate the Gross Floor Area of my building (a small coop). What is not clear (to me) is whether outdoor, uncovered, roof decks are used in the calculation (description below).

GFA is one metric used to determine if a building is classified as "covered" under Local Law 97, which mandates reductions in greenhouse gas emissions starting this year (but getting serious in 2030).

Per 1-RCNY-103-06: "Gross floor area is the total number of square feet measured between the
exterior surfaces of the enclosing fixed walls. It includes vent shafts, elevator shafts, flues, pipe shafts,
vertical ducts, stairwells, light wells, basement space, mechanical/electrical rooms, and interior parking.
It excludes unroofed courtyards and unroofed light wells. For atria, gross floor area only includes the
area of atrium floors. For tenant spaces, interior demising walls should be measured to the centerline of
the wall."

Another definition I found says balconies should be included. Nothing I've found either includes or excludes roof decks.

WITHOUT including our roof decks my building is likely just under the 25,000 gross sqft threshold specified in LL97. Including them puts us over. This has serious implications for the finances of our coop in the near future.

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If your co-op has a managing agent try asking them what the GFA is. In fact, they should be handling the LL97 issues for you as part of their MA responsibilities.

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Laundry Room used by neighbors - Pooh Feb 10, 2024

So we have a strange situation. We have neighbors (another building not part of our co-op) coming to our laundry room and using our machines. Not sure how many but from time to time. It’s not a laundry room in the basement so easy to get on the property . Laundry room has its own space. I feel that a sign needs to be posted …. No trespassing …private property! Has anyone experienced this?

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We had that situation. A sign won’t work because the type of person who would do this will not be scared off by your sign.

You need to catch them in the act and then threaten them with legal action.

The best way to catch them is with a security camera in the laundry room.

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Many times, most often, are the shareholders, residents themselves giving keys to those they know nearby allowing them in, caretakers too.

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Thank you for your input.

I heard it might be a staff member’s relatives that live near by which makes no sense if you talk about security. Who really are these people? It’s still private property. So one minute you can’t sublet without permission but you can allow random people on our property and give them access? Now I understand why the Super wasn’t concerned.

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Oh the other point I wanted to make was our laundry room isn’t extremely big for all the units we have and we can’t expand it but I would need to wait to do my laundry because a relative of a staff member is using it? That’s not right.

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I believe you also have legal liability and face a potential negligence lawsuit if a non-shareholder is injured using the washers or dryers on your co-op's private property. Check with your co-op's attorney to see if you have any legal exposure.

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Questions regarding the situation of a parent purchasing a condo apartment for an adult child - Elisa Feb 04, 2024

If a parent purchases a condo apartment for an adult son or daughter, does that mean that the adult occupant of the apartment is the person who gets to vote in condo elections, rather than the purchaser? Our managing agent sometimes cc's the parent on messages about the condo and does not cc the occupant (though they usually do cc the occupant). As a board member, I've asked the occupant to clarify whether they want the parent to receive these messages, and they have not responded. (I'm considering reaching out directly to the parent regarding their understanding/ preference for receiving messages about the condo association.) I'm also unclear about whether the occupant is the person who should be voting in elections rather than the parent. The occupant has, in fact, been invited by management to attend the annual meetings and has voted in our annual elections. (To my knowledge, the parent has never requested to attend the annual meetings.) Any advice is welcome.

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Who's name is on the stock certificate? If the parents name is on both then in my opinion the parent should be the only vote. We have that type (sort of) of situation in my bldg. The parents name is on both, so when the adult child constantly is in arrears, we send notice to both. In fact the parent is responsible for both apts. All correspondence should be sent to both.

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We are a condo, not a co-op, so owners do not have stock certificates. Our management company has whatever document shows that the parent purchased the apartment; I'll reach out to them.

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