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Toxic co-op corporations - Tom NJ Feb 27, 2012

Toxic co-op:

Recently I discovered the site shown in this URL along with the “article” shown:
http://www.brickunderground.com/blog/2012/02/ask_an_expert_what_are_some_signs_of_a_bad_co_op
= = = = = = = = = = = =
Then I commented via this URL:
http://www.brickunderground.com/contact
With my notes below:
= = = = = = = = = = = =
The “original” list on the website:
• Financial statements that are not audited or are delivered more than four months after the end of the fiscal year
• A board that doesn't meet on a monthly basis or record minutes
• Negative cash flow
• A history of constant assessments
• Interest or penalties owed for unpaid taxes, or late fees to vendors or contractors
• Dirty public areas of the building
• Problems with mice, rats, and/or mold
= = = = = = = = = = = =
My inline list comments and additions (shown with “[++ ….”), which I believe are more practical and less altruistic than the above list:
• Financial statements that are not audited or are delivered more than four months after the end of the fiscal year [++We are always late as our accountants are busy with other work and we always file for an extension. Given that are financials are 100% perfect, we don’t have an issue.]
• A board that doesn't meet on a monthly basis or record minutes
• Negative cash flow [++ Good point, but needs to be recurring, year after year. Unfortunately, this is not always evident as long term financials are typically unavailable to a potential buyer.]
• A history of constant assessments [++ Totally incorrect perspective as assessments are better planned and prorated over time than applied in backbreaking burdens periodically. Why not have a small assessment every year for ten months of the year (tax purposes) that builds the capital reserves that are inevitably required as a building and its infrastructure ages?].
• Interest or penalties owed for unpaid taxes, or late fees to vendors or contractors [++ not always evident in annual reports.]
• Dirty public areas of the building [++Better view: are there areas that are damaged, unpainted, peeling paint, mechanically non-functioning, etc.]
• Problems with mice, rats, and/or mold [++ Hard to determine, but does coop have an exterminator service that replies to shareholder requests without any extra cost to shareholders.]
= = = = = = = = = = =
My additions and comments to the above list are:
• A coop with a history of high turnover of presidents and board members, thus demonstrating an absence of management continuity for the coop corporation.
• Recurring refinancing of underlying mortgages without a plan to pay down mortgages
• Multiple mortgages because the Board lack financial planning acumen.
• Mortgages with payment plans that only include interest and minimal to nil principle payoff, (and perhaps a balloon payment) at term.
• Lack of an updated capital improvement / replacement program forecast schedule in accordance with AICPA recommendations, e.g.: Board is flying blind.
• Not having any assessment or a long term program means the Board does not plan for the future and that all financial events and requirements are ad hoc.
• For a coop corporation that is not self-managed, a persistent practice of replacing management firms showing a lack of direction and stability.
• If self-managed, is there a lack of longevity for employees?
• If the coop permits rentals, is the rental percent greater than 10%, giving rise to a transient non-caring population of residents.
• Does the sponsor still own a significant portion of the apartments (e.g: greater than 30%, giving rise to a transient population of residents?
• Does the sponsor have seats on the board? Given the voting percentages required per the proprietary lease, can the sponsor easily block programs to improve the coop. e.g.: voting down capital projects, assessments, maintenance increases, etc., thus creating a stagnant environment?


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Laundry Equipment - GERRY Feb 22, 2012

We are renewing our Laundry lease and have been offered replacements with LG washers model # GCW 1069CS and LG dryers model # GD1329CGS.
Has anyone had experience with this equipment?
Any suggestions as to where I might get reviews of these items?

> Join the conversation Comments (1)

Hi,

We thought we would do the right thing and try using washers that recycle water. That was a BAD IDEA. First of all, the owners hated the idea that their wash water was someone else’s rinse water. Many of the owners decided to use a traditional Laundromat down the street instead and our income recovers has been less than breakeven. Then the tanks that held the recycled water began to smell and so did the clothes. We did end up saving water but for all of the wrong reasons. This has been both a financial loss and a public relations loss for us.

Also, please be sure that you washing machines offer longer cycle times. One of our giant machines offers a 34 minute cycle time which is too short to get the clothes clean.

Be sure you understand what you are getting in a washer
.
Finally, be careful, the LG commercial product line appears to be new: http://www.coinmachservicecorp.com/news/lg_new_commercial_line.pdf

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Coop tax base, NJ vs. NYC - question about non-current mortgage inclusion - Harvey - Med North Feb 21, 2012

Folks,

In NJ, a coop’s tax base is equal to the assessed value plus the non-current portion of any underlying coop mortgage(s).

For example there are two identical buildings and both are assessed at $65,000,000.

One building has a mortgages totaling $20,000,000, and the non-current portion of the underlying mortgage is $19,250,000. The other building has no mortgages.

Therefore, the tax base for the first building is $84,250,000, while the tax base for the second building remains $65,000,000.

By definition the taxes for the first building are 29.6% higher than the second building because of the rule requiring the inclusion of the non-current mortgage principle.

My question: Are taxes for NYC coops similarly calculated when there the coop has underlying mortgages(s)?

If no, OK and thanks.

If yes, and not exactly the same, what is the calculation please.

Thanks

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Journalist asks: do you have a recycling problem in your building? - Jane Ridley Feb 17, 2012

Hi Board Talk, I am a freelance journalist writing a story for a leading NYC newspaper about conflicts within condos and co-ops where some residents obey the rules and recycle their garbage and others don't tow the line. If you would like to share your experience - either on the record or anonymously - I would be very interested. Doesn't matter which side of the recycling fence you stand. I would particularly like to hear horror stories and how they were or weren't resolved. I guarantee anonymity if you don't want your name used. Best wishes, Jane

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I think every building does. We have a mix of owners, a few sublets and 40% sponsor rentals. We started to hit people with an administrative fee for failure to recycle. If they are that bad, they usually have mail or something in the bag or we might catch them on our recording cctv system. Sponsor agreed to add fees to their rent bills, owners get it added to maintenance bills. Helps a little. We also put out building updates to advise of construction, assessments, meetings, etc. and include reminders to recycle as well.

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Thanks very much JG. This is very helpful but I would love to speak with you in more depth about this matter as my article is very detailed. Again, this would be entirely off the record and I don't need use your name or anything which would identify your building or situation. I am looking for interesting anecdotes/more details to flesh out the story. Many thanks.

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Application fee - Billy joe Feb 16, 2012

Sponsor who has 11 units left in a 48 apartment building in Queens hired a management company that has application fee of $350.00 and another $250.00 management fee for processing the application. The cost to the management company to do the background investigation is $25.00. Can you give me information on how many people are paying this amount for selling and renting? This is just simple greed.
Thank you.

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Stockholder List - Anthony Sciacca Feb 15, 2012

Does a stockholder have the right to a list of all the stockholder's names and emails in New York State for a non-profit corporation?

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Are you sure it's a non-profit? That type of corporation rarely has stock holders, though it's not unheard of.

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> Join the conversation Comments (1)

Yes, it's a non profit.

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If you are talking about the list of shareholders in a co op the answer is yes and no A co op is a not for profit and falls under BCL
you are entitled to a list of shareholders
Here is the letter that you must write

"Please provide me with a current list of shareholders. I am aware that this list
cannot be used for any commercial purposes.

I will need the name, apartment number."

They do not have to furnish email addresses

I hope this will help

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Locking in Natural Gas Prices - 25 unit coop in Manhattan - George Feb 15, 2012

I'm curious whether folks think it's a good time to lock in natural gas pricing for a long-term contract and if so, what ESCO's seem to be the better ones for deals? Best I'm seeing is 18-24 month contracts where I can lock in around .57 - .60 / therm.

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discretion by managing agent regarding redient compaints about staff - APC Feb 15, 2012

our managing agent handles resident complaints, suggestions etc regarding staff. In respondng to a He has recently stated that when a resident compins about an issue regarding staff, there wil be no confidentiallity and the name of the resident will be revealed to the staff. This seems shockingly inappropriate given the potential problems with such a situation. Especially since out building has a history of staff problems. comments?

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Yes it is shocking, as the property manager works for the board and not the staff. I would question the agent and ask for an explainaition.

MRM

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Strange financial situation - Martin C Feb 13, 2012

In my co-op board members are not interested about finances. They just ignore this part, unlike me. They don’t like that I am reviewing financial records and made many obstacles for me to read documents. Like, when a board member can review financial information needs to take an appointment, and it’s allowed only 1 hour per week with supervision of one person from a management company.

Our monthly financial reports include also personal shareholders information as part arrears report. Two times I made motion to split that report in two sections: financial and personal information. After that financial section would not need supervision and time restriction. However my motions were rejected two times.

Surprisingly, the next day after the meeting, the management company had divided the monthly financial reports without board motion, approval and knowledge. And they change the localization of those documents. Nobody – president, vice-president and manager respond to my questions where the documents are right now.

Is this legal what the management company did without the board consent about this? It is Ok when the board says No, and the next day the management is doing something opposite?

Nobody from the board cares about it. Do you have any idea what to do in this situation?

> Join the conversation Comments (1)

Please see the Board Talk posting titled "Denying Board Member Right to Read Building Related Contracts," which is dated July 25, 2011. In my opinion, my board was acting on two bases: retaliation against me personally and the erroneous opinion of its attorney, which was supported by the managing agent, that I, as a board member had no right to see building-related documents, including financials, without the express permission of the board. I obtained a written legal opinion, which confirmed that a board member's right to access is absolute and projected that should I sue the board over the issue, I would win. I presented the opinion to the board and they backed down. Also see the following article http://www.stroock.com/SiteFiles/Pub240.pdf as it directly deals with the issue. Good luck.

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I checked that article earlier and presented it to the board. However, they are very stubborn and addition to that, the corporate attorney said that a board member has the right to inspect corporate books and records, such right is not an unqualified right and the board can limit access to such information so that it does not interfere with the day to day operations of the corporation.

So according to this the board can do whatever they want. They limit the power for themselves. They are doing this because only I want to check financial record.

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which court do you initiate a case on board self dealing, fraud, and refusal of shareholders list, etc - escape from yonkers Feb 12, 2012

which court do i initiate the action in? i know i have to subpheana them, i know how to do that, but you would think the Attorney Generals office of co-ops when they tell you that self dealing, fraud, and possible bank fraud is an internal coop problem, ansd tell you to get a lawyer. why not tell tou what curt handles it? i have done small claims. and the law is very straightforward, if i find a lawyer that will seek to get my money back, i would also hope he/she would push to fine the board members, for their actions, plus trying to avoid a embezzlement, i thing all shareholders should receive the bank statements every month, in spreadsheet imported form. in my building the board doesn't know what bank. etc. perfect scenerio for embezzlement

> Join the conversation Comments (1)

Unfortunately, as you know, the Attorney Generals office does not handle this type of complaint. There are a couple of bills in both the Senate and Assembly to create an ombudsman committee that would hear complaints of this type. Please,contact your state elected officials and ask them to support these bills. If we the shareholders do not take action,we will never gain the support needed to pass them. As far as the court, supreme court is the one my case regarding an election was heard. Unless you are really well versed in the court system, I would strongly recommend an attorney since these cases require depositions and can be a bit complicated to navigate.

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> Join the conversation Comments (1)

Dear Dianne, Would you be comfortable giving any details regarding your experience in the court system? Following along with the original post, the court system seems very mysterious to those of us who have only contemplated it from the outside. Any insight from someone who's been there as you have would be greatly appreciated. If you are comfortable discussing it, some possible questions might be: what was the issue litigated, was your lawsuit a shareholder derivative action, how did you find an attorney and what was the cost, was the lawsuit settled or litigated, did you prevail, and, if you prevailed, were you able to recover any legal fees? On another level, did you experience any support or resentment from other shareholders? Anything you care to share would be greatly appreciated. Thanks and congratulations on having stood up and taken action.

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