1: the super is the employee of your co-op, not of your managing agent. Perhaps your managing agent SUPERVISES the super, and monitors his work... but he's an employee of the corporation.

2: since your managing agent, the sponsor, supervises this employee, he/she is not doing the job if the conditions you cite are obvious.

3. you have the right to fire a super for nonperformance. Document everything clearly, including written warnings.

4. you have the right to hire a managing agent who will take those responsibilities seriously, "great relationship" notwithstanding.

5. do you have clear, written job responsibilities?

6. is this a union position?

7. the board needs to take unified action immediately.

I would think that you should first set up a meeting with your superintendent to try and find out what the so called issues are. Dialogue costs nothing. Based on the outcome of the meeting you can then decide on how to proceede.

RMM

David,

Call me and maybe I can help you with some guidelines. Mike MacGowan (212) 319-8375

Hi all, HabitatReporter here! Bram Fierstein of Gramatan Management is here to offer some advice.

"First of all, is the super a member of a union? If that is the case, then there is probably a very specific job description (sometimes known as the work rules) as well as a process for mediating disputes between the employer and employee. Typically, we have found that the union will be supportive of management / owners if they have specifically documented the superintendent's lack of performance. Video documentation is great and often a by-product of your security system.

If the employee is not in a union and not a member of a protected class than terminating his services should not be a problem in New York State. If the Board is interested in trying to turn the super around then I would suggest that the managing agent write a job description with the Board's input. They agent and super then should meet and discuss your wants, needs and goals. Set specific time frames in which the super needs to accomplish his daily assigned work. Set realistic time frames for projects outside the scope of daily responsibilities. Furthermore, the super should understand that his services may be terminated if his performance does not improve. It is best that all communication with the super be doucmented to protect the Board and all shareholders against a wrongful termination lawsuit.

In either case it is probably best that you consult with a labor attorney."

Nice article Mr. Fierstein I agree that management has the union in its pocket so to speak. In addition many builidings have lost wonderful superintendents not because they were not performing their job but because of the dreaded board politics.

JES, you definitely have to check with your local Fire Marshall as to certain do's and dont's since district rules can vary. Rule of thumb, however, is that nothing can impede an escape if necessary. Pictures are usually nailed to walls so they can't fall off and hit someone, decorations are out of the way. Textiles (assuming wall paper types?) are pretty much a safe bet. Wall mouldings (chair rails, crowns, etc.) are a wonderful, elegant and not too costly look. Have fun.

You might want to search the USPTO trademark names to see if the name you want is being used for the name of another building.

A building name is not related to the patent office since it is not a trademark. I would consult with the attorney for any registration with the city or town as buildings in small cities and towns are usually well know by police and fire deparmtents.

The board president himself can take no action -- it has to be the decision of the majority of the board. If he acts unilaterally, he's exceeding his authority. And if he authorizes expenditures without approval of the board majority, he can be removed from official for not acting in the best fiduciary interest of the corporation. Contact the other board members with your concern.

Call the Office of the Human Rights tell them your problem and make an appointment to meet with their attorney. Make sure you have a doctor's note verifying that you indeed have a medical problem. Also, register your dog with the Board of Health for your dog to become a service dog, they too require a medical history of your disability. Good luck.

My observation is that they are many sufferers as almost every second article posted here is about such.

Observer

How many good and decent board members have been removed from office by shareholders that do nothing but complain, never want to contribute, and make no effort to understand what is necessary to run a building?

Interesting perspective. However, in most cases the only way to remove a board member is through voting. If the community perceives that a board member is not acting in the best interests of the community, elections will prove them right or wrong. I have found that one reason for so much dissention amoung shareholders is lack of communication between the board and shareholders. Too many boards believe they can make decisions and not have open meetings and discussions with the community. They view themselves as "supreme beings" having to answer to no one. The best way to avoid a great many problems is through discussion and open communication. More boards should try it before making decisions rather than presenting everything as a done deal and you just have to live with it. Not a good attitude.

No doubt that there are self-serving board members out there that deserved to be removed from office; however our board goes above and beyond to be as transparent as possible. We hold open meetings, publish newsletters and distribute memos but we still have a noisy core group that only complain and never volunteer. If we made major decisions behind closed doors they would accuse us of forcing our will; if we are completely open about our decisions we are accused of putting up a smoke screen to mask what "has already been decided". Before being accusatory, I strongly recommend shareholders keep a positive attitude and volunteer. They may be surprised to learn that most boards are not evil groups hiding in a smoky room creating diabolical plots to destroy the building, but instead are open and honest with a community spirit that only want to do what is best for the majority.

Management recently send in contractors to fix some ceiling damage and they did such a poor job that I looked them up and found they were involved in the contractor scandal of some years ago. Are these contactors still in business and are they still getting kickbacks?

Could you please tell us where you found the info about the contractor... Thanks,,VP

They did such a terrible job that I Googled them, got nothing, then Googled again “contractor name and corruption” and they came right up.

What is the name of the contractor? I would like to know if they are the same people that renovated our building and ripped us off, with their incompetant work.

Our board bribes influential shareholders to direct opinion so it is impossible to remove them

The question was:

How many have " been literally FORCED OUT of their homes because they went up against corrupt board/management who had building funds and more at their disposal?"

If you had to move out of your apartment because you were harassed, threatened in any way, if your personal safety and well being were at stake, please email at this address:

habftm@gmail.com

You are asking for email addresses from people who have been threatened and harrasses into leaving their homes. What are you doing with this information?

What is the difference what habftm is going to do with this information. Maybe help the Shareholders in distress so they can get help. Nobody can make it worse than trying to throw out a shareholder from their home, I know it happened to me.

Our Board tried to cause a illegal forclosure on my apartment. I never voted, nor went to a Board meeting I personally didn't trust the people running. Any repairs that was the buildings responsibility they refused to fix in my apartment. I always had to take them to court to have the work done. They refused to collect my maintenance, they would put bogus charges on my statements, when I would dispute these charges they refused to respond to any of my correspondances. The bogus charges they put on my maintenance was to drum up late delinquent monies owed to the corporation to start legal proceedures. I found a way to direct deposit my maintenance into another corporate account, when they saw I beat them at their game, the Vice President called the bank where I had my mortgage and told them that the building wanted to do a foreclosure on my apartment, they claimed that I hadn't paid my maintenance in nine months, owed all those charges they attached to my maintenance and all the late fees and legal fees they attached to my statement. Meanwhile, all the maintenance they claimed I owed, was the maintenance in the other corporate account that each month I would write them to advise the Board which account the maintenance was in for each and every month, they just choose to ignore it and refused to transfer the funds into the operating account. The bank after I proved with deposit slips that I indeed paid each and every month on time, still went after me to try and accelerate my mortgage. I now had to hire an attorney, paid it out of my personal funds and sued the building. This litergation went on for four years out of my life. This current Board recently sent letters around the building that I sued the building. Some of the Shareholders are illerate idiots and refuse to accept that I had to save my home, they only know I sued the building, they don't realize that I too paid legal fees for no reason just to same my home. I am a widow and a senior citizen, they thought I would let them have my home out of fear, not knowing that I am a PHD in management and finance and am a whole lot smarter then they. This time they outsmarted themselves, unfortunately, they made many people leave their homes which they took over and sold for a profit and pocketed the profit. This is what is running the Board, yes I believe that if you find illegal practices and harrassment shareholders must fight and remove the Board regardless of what it takes it is your home, your investment.

I am facing the same situation, because defended the super after a board member call him a nigger or because I question the finance on the building. Sponsor has 12 units and those files any finance with state. Now, trying evict me.

Billy,, Start sending Emails. To the MangCo, Board members and other Shareholders. Not accusing, but asking questios... such as: Are the financials completed for this year. Could you please send a copy of the Budget... Is it leagal for you to ???...I am disturbed that the Managment called the Super....
Particuarly anything to do with your apartment. They become nervous when they see an Email Trail -- which can be used in court...VP

Billy the Board cannot issue fines it is illegal, the Board cannot evict you no Judge would allow them to take away your apartment. Read BCL and your Certificate of Corporation.

The key here is not to let them bully you,once they see your a fighter they will back off.

Good Luck!

DD

do not remove them. Clean them up and weatherstrip them. aluminum ones do not last.

too late, they have rotted... the aluminum ones in other apartments are now going on 15 years, no problems...
ANYONE have a window company you recommend...
VP

We used Skyline. They were great on the install however we are two years out waiting for change order adjustments.

I would not recommend (which is a shame as their windows are great quality including great sound reduction too).

Just what are the duties of the Super? How many hours per day?

• 24 hour availability for emergencies.
• Respond to all resident problems or questions regarding the security or maintenance of building.
• Manage keys for all apartments, mailboxes and public entrances
• Purchase supplies.
• General cleaning of common areas, front of building and laundry room
• Manage garbage/recycling storage and removal
• Be on-site for all contractor /service people appointments for all building repairs
• Minor building repairs (billed separately)

Work is approximately 20 hours a week. Is provided an apt in building

Riddle me this if his workweek is approx 20 hours a week and you need him there for all contract people, service companies then he has really no time off.It is more like 40 hours a week if the service contractors come by between 8-4 Monday thru Friday.

Bob

we schedule when he is available. He has his own handyman work on his "off" time

Did you say he has a handyman? he has his own handyman? You pay him also?

Bob

We have a super that is union, he has been doing illegal renovations with the Vice President that brought him in some ten years ago. Our building received multiple fines for them doing these renovations without permits. Since then the super bought three homes and has moved into one of his homes. The current Board whom protects the super becuase the ex vp and supe collects proxies for these board members to keep them in power and in turn protect the super. what they did was hire another friend to live in the supers apartment and pay him a salary and got him into the union as well. Now we have a building that protects one another and all make a living on our building. They harass, and theaten shareholds if they don't sign proxies for the super and janitor. This janitor does not even know how to hold a broom in his hand, he just walks around looking out for the Building dept. to inspect their illegal actions. I believe that a super should live on the premises in case of emergency. Our super does not live in the neighborhood no less the building.

While it is easy blame the super, the responsibility lies with the board and management
I have witnessed situations where supers were very honest and looked out for all shareholders and were fired because then did not go along with a corrupt board and management comany. I bet you more supers have been let go because they choose not to be part of corruption than be part of it.

Proud Super

I am proud of you too. I believe that all supers are not dishonest, but I can speak for the super in my building. Today at 2:30 pm when the super should be working for the building he was doing illegal renovations in an apartment. He shut off our water and toilet without any notice to Shareholders and tenants. He makes 800.00 weekly, union dues paid for with all benefits, two telephones does not reside in the building has a free garage spot worth 130.oo monthly, owns three homes, comes to work only to renovate and collect proxies for the Board to protect his wonderful job. How should we feel about him?

Anywhere between $20 and $30 per hour, depending if you offer him other benefits like retirement plan or health coverage.
Do you have any building employee beside him ?
Does his other job ( handyman ) provide him with those benefits ?

I do believe you have to have a lifeguard on duty while the pool is in operation (open). You could also inquire with the New York City Department of Health (212) 676-1520 You may also want to check with the buildings insurance company, god forbid something happens?

It all depends. In Westchester, the Dept. of Health allows you to operate the pool as a private owner and no need for lifeguard. However, your insurance may discourage you to do this.

My recommendation is to have a lifeguard; if a problem, then get a pool attendant, i.e., someone who could enforce the rules, keep the pool clean and chemicals balanced.

A four-foot is deep enough for many children and easy to have a child drown in it. Similarly, do not count on parents who may be easily distracted with other residents. I have seen on two instances in which children began swallowing water with the parents at arms length in the pool.

Good luck on your decision!

Your Agent is right.

No contractor can give a bid since he does not know the extent or location of the damage/repairs.

Inquire about the hourly rate per man the contractor charges and have your superintendent supervise the repairs / keep record of time worked ( and number of worker ).

Good Luck

I had a gas leak and Con Edison shut my service to the entire building. It can be very expensive, make sure your Resident Manager/Superintendent makes a daily list of the plumbing company's employees and make sure their list of helpers, mechanics and foreman on the invoice matchs your list.

Hi - sorry to hear about your gas line issue. As a suggestion, I believe that the Board can to a limit on the spend authorization. For example, you might say "not to exceed $20k" unless approved by the Board. This can:
1) Send the message that you are concerned about costs; 2) You may wish to inquire whether this is covered by your insurance if this was caused not by just the old age of the pipes; 3) and create a dialogue between the agent, the contractor and the Board so the Board is informed about the extent of the damage and respond appropriately (communicating to the residents, assess funds and the like).

Good luck!

Thanks for suggestions.