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Non Union Garden Co op - Diane Dec 18, 2020

We are a 100 unit garden apartment non union co op in Queens, N.Y.C.   We presently have 1 live in super. The super is also a shareholder who has his maintenance, washer/dryer/ dishwasher, air conditioner, parking spot and garage fees paid for by the co op.  We have been union free for about 4 years now.  He knew we were a union free co op when He was hired. However, now he has said that he wants to join the union even though he knew we were a union free co op.  What recourse does the co op have because we don't want a union super?
Thanks in advance

> Join the conversation Comments (2)

Hi - Everything you wrote is secondary to the desire of your super to join a union. You present some very convoluted issues regarding your super: also a shareholder, having all of his living expenses subsidized by the co-op etc.

The only advice I can offer is to immediately contact an attorney who *specializes* in labor and union relations. The rules and regulations regarding unionization are complex even in a plain vanilla situation. Yours sound like they're on the next level.

Any missteps taken today can haunt you for years. You need a specialist who knows the law, knows the regs, and who can guide you along the path you and your co-op want to travel.

Remember, especially in this kind of situation, legal advice you receive here is worth what you pay for it.

Good luck!
--- Steve

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> Join the conversation Comments (1)

What a great setup for your super, your coop is so generous why would anyone want to be in the union? Being on the board for many years I would look for another super. It sounds like he wants protection on getting out of doing work in your building 24/7 he seems much too comfortable. I really don't understand why so many coops and condos give their super so much power and credit for hanging out in there apartments all day, while the other help covers for them.
Steven is correct to go see a lawyer that does this kind of law. Please reconsider on hiring a new energetic super. Best of Luck

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I don’t have any solutions but I agree with the general consensus of trying to legally avoid any of your staff going union. I also am in a NYC Co-op, and the staff is unionized. The staff in general does the least amount of work possible without getting fired, and it’s impossible to fire them. You’d think they’d be grateful that they have benefits, job security, pensions, health insurance, but they are always complaining about the work, the pay, the schedule and pretty much everything. They remind me of tenured teachers and professors who know they cannot be fired. And I’ve read that unionized building staff costs owners 40% more. The trouble is that we are such a union friendly city that in you cannot fire someone for wanting to go union. I’d start keeping a log of any behaviors of his that you are unhappy with. Make it computerized so you can show your concerns about his performance pre-date his desire to go Union. Sorry I don’t have any advice but I feel your pain. The next building I buy in will be non-union.

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Transparency of Board Officers - Gouverneur Gardens Dec 16, 2020

What are your thoughts about Board Officer negotiating ,dealing with contractors, and vendors without full transparency or approval from the rest of the Board?

> Join the conversation Comments (1)

It depends on many factors, not all of which are sinister.

For example, the board officer may have been previously authorized to negotiate in the name of the co-op, and given prior authorization to enter into a contract up to a certain dollar amount. This is done to save the rest of the board time and effort where their contributions would be of little value.

Yes, I would want such a duly authorized board member to report back to the rest of the board on any binding actions s/he took, but when a single board member is authorized to negotiate for the board, it implies a level of trust and acknowledgment of their effectiveness in the negotiations.

Each board has a different way of dealing with issues that come before them and they have to deal with. Without additional information about the nature of the board officer's dealings with the contractors and vendors, it's difficult to make any judgments.

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Doorman selecting whom he opens door for - is this common? - DM Dec 16, 2020

The doorman in our coop will not open the door for delivery people. He will sit and ignore them.
This seems discriminatory to me - is it common?

> Join the conversation Comments (1)

I don't know how common it is, but it is impolite, uncouth, and definitely casts your building in a terrible light.

You might mention something to your board or managing agent to let them know your disapproval of the doorman's actions. They may not be aware of the elitist attitude of one of their employees.

There may also be another side to the situation. Does your building have a service entrance separate from the main entrance? It may be that this particular delivery person has been asked multiple times to use a different entrance and is ignoring the request.

Bottom line is, the doorman is an employee of the co-op. If you are not pleased with his actions or demeanor, as a shareholder politely and factually bring it before the board or MA and ask if they can do something about it.

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Electric outlet issues: Who pays for the repair? - Elisa Dec 12, 2020

If an electric outlet is defective in a condo apartment, whose responsibility is it to repair it--the apartment owner, or the condo association? The first indication of a problem was when I turned on a lamp that was plugged into this outlet, and the bulb blew - smoke arose from the bulb. Thinking that the problem might have been the lamp, I plugged in another lamp into that outlet. The lamp worked for only one day.
The electric outlet seemed to have affected the light bulb - when I tried out the bulb in other lamps, plugged into a different outlet, the bulb no longer worked. My question: If this is a systemic issue, is it the condo association's responsibility to pay for an electrician to 'fix' the outlet? Or, is it the individual apartment owner's responsibility?

> Join the conversation Comments (1)

Please cut off the circuit breaker for that outlet, you may start a fire.
Then I would contact the superintendent in your condo to look at the outlet. He/She will check it out for you and will advise you what needs to be done and who will have to pay. If you don't want to go that rout I would contact your electrician. You may need 150/210 outlet That's what I needed to be changed. My superintendent did it free.
Good Luck

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Keeping the Election Process of a Mitchell Lama Honest - Gouverneur Gardens Dec 10, 2020

Is it legal per the Business Corporation law to use corporate websites, emails solicit proxies, legal advice from the corporate attorney at the cooperators expense for personal use when running for the Board of Directors?
Is also legal to remove an officer of the Board before the certified results are posted before the board is seated and new officers are elected?

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Money in Escrow for Estate - marym Dec 08, 2020

My brother is the executor of his brother-in-law's estate in Pennsylvania and there is about $200,000 in the attorney's escrow account. The estate is almost wound up (estate taxes have been paid) but the attorney was just admitted to the hospital with COVID. He is in bad shape and is on a ventilator. The question is: is the money safe and if the guy dies, who takes care of the estate and the escrow money and any idea how long that would take?

Thank you very much for any assistance.

> Join the conversation Comments (1)

Hi - I am not an attorney, but my late wife was a Trust & Estates attorney in NYS. I will try to answer your questions generically.

(1) If the $200k was in the attorney's escrow account it is most likely safe. There are very strict rules surrounding escrow accounts because the funds do not belong to the attorney and cannot be used to benefit the attorney in any way.

(2) Was the attorney a sole practitioner or a member of a law firm? If a sole practitioner I recommend you contact the Pennsylvania Bar Association for advice. They are probably aware of the attorney's condition and can answer your questions. Plus, they can probably provide you with a list of potential substitute attorneys.

If the attorney was a member of a law firm with other attorneys, the law firm will have all the documents and should assign all transition and escrow matters to another attorney.

(3) How long it will take depends on many factors so there is no best answer

Ultimately you can contact the PA Probate Court (called, I found out, the "Orphan's Court") and ask for guidance. They will probably direct you to the State Bar Association.

Good luck!
--- Steve

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> Join the conversation Comments (1)

Thank you Steven424. My brother and I appreciate the advice.

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Energy Efficiency Grade "N" - Queens Dec 07, 2020

If my co-op received an “N” (exempt) energy efficiency grade, do they still have to post it?

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I think you still have to post it because after all, it is still a grade. Besides, what harm can it do to post it regardless?

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STAR abatement rules - DP Dec 03, 2020

It is my understanding that a shareholder in a coop building can only collect STAR abatement funds for an apartment s/he actually LIVES IN. If an apartment is an investment, but said shareholder lives elsewhere, s/he cannot legally collect for the unit in which s/he does not live (never lived).

Do I understand this correctly? Can someone knowledgeable about this chime in please?

Also, is there any way—without the Management or the Board’s assistance—that someone can find out whether or not an investor is inappropriately receiving STAR rebates in this fashion? (I've already checked with a friend who worked previously at the DOF, and she is no longer a source of info for me.)

Thank you so much.

> Join the conversation Comments (1)

I believe your understanding is correct. The apartment must be the primary residence of at least one owner. The STAR eligibility rules can be found here: https://www1.nyc.gov/site/finance/benefits/landlords-star.page

I'm not an attorney, but I don't think you as another shareholder can access someone else's STAR account due to privacy issues. I could be wrong about this.

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> Join the conversation Comments (1)

Thank you, Marty, for confirmation/verification on what I thought. I agree with you about the second point as well. Unfortunately, there are ways (sites, phone numbers, etc.) to REPORT malfeasance, but not to DISCOVER malfeasance. I'm not interested in reporting anyone, but I will continue to see if I can get an answer. If this guy is cheating on that, he has no business being on the Board, controlling aspects of my financial life. Plus, he's been brought up on sexual harassment charges (not in my building, but elsewhere). Ugh.

ANOTHER QUESTION: Do you know if there's a limit on the %age a coop can legally increase the maintenance?

Thanks again!

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> Join the conversation Comments (1)

The Board (your treasurer at a minimum) should receive a copy (issued by Dept of Finance) of the abatements given to all shareholders. We receive this copy from our managing agent. The info would be listed there - if you can get a copy.

If he has no business being on the Board, then try to change that. Run against him or support a candidate who will. That's the only way to change things.

I don't know if there's a legal limit to a maintenance increase (I'm guessing no), but if there's a double digit increase being proposed by the Board, they should be explaining to the shareholders why it's needed.

A co-op is like any other corporation where the Board must answer to its shareholders. They'd better have good reasons for a very large maintenance increase and then be able to explain it to the s/h in plain English.

Why might there be a large increase? It's possible that there were some huge expenses during the year that depleted your reserve fund - such as a new boiler or roof repairs. Perhaps the Board decided that a maintenance increase was better than an assessment.

Good luck.

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> Join the conversation Comments (1)

Thank you Marty.

It's impossible to get information, which is why I keep turning to this forum for other ideas. In general, I'm seeking ideas around normal channels.

The Treasurer is in cahoots with this and another objectionable Board member. We ARE, of course, trying to get him & the other one gone. It's a hot mess and I cannot appeal this through any normal channel.

Yes, there were huge expenses this past year. We've had huge expenses in the past. But they're also talking nonsense about a vanity project that, to me, is ill-timed and disconnected from the reality we are now facing in this crisis, while not even mentioning paying off the violations we have.

Anyway... thanks!

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Energy Rating - NYC Nov 24, 2020

My Co-Op received a D energy rating because there was a conflict between the D.O.F. and the D.O.B with the tax code.

Can this error have an adverse affected on the Co-Op's abatement or any of the Star benefits?

Who is the responsible agency/party to correct this error?

If the fault is on the part of either agency will our Co-Op have to wait 1 year for an updated rating?

> Join the conversation Comments (1)

To dispute your rating call your managing agent they will advise you of the effects this has on your building. Your board also needs to address this problem.
It sounds like your building needs to update your heating system/windows.
I know that as a buyer I wouldn't buy into a co-op/condo with a D rating.
Best of luck

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Thank you.

We were never informed if the D rating. I looked it up from an article on this site"Energy Efficiency Letter Grades". D.O.B.portal

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From what I know, your energy rating has no effect on your abatements or Star benefits.

You said you were never informed of your D rating. Did you know your D rating must be posted in a conspicuous place on your lobby entrance door?

I don’t think you’re being told the truth why you got a D rating. I don’t think it has anything to do with any tax code. It has to do with your co-op’s energy efficiency. Who told you this?

My understanding is that the DOB is the agency in charge.

I am told you will not be able to amend your rating at this time. You’ll have to wait until next year when you file your 2021 benchmark report.

An earlier Habitat magazine article said that 2/3 to 3/4 of all buildings are expected to get a C or D rating in the first year.

That’s because the energy efficiency program is allowing several years for buildings to make the necessary upgrades needed to make buildings more energy efficient.

I’m not too worried about a D rating in the first year. Everyone is just starting out at this time. Buildings should be able to improve to a B at the end of their second year. It’s the rating at end of the second year that will really affect buyers in my opinion.

I agree with pc1 that your building should look at their boiler and windows. You should review the lighting as well - maybe switch to LED lights to become more energy efficient.

Good luck.


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> Join the conversation Comments (1)

Thank you for your in-depth explanation.

Yes I am aware that the building has to display the energy rating and yes, we were never told about the D rating.

I went on to the D.O.B. open portal with B.B.L. and it showed the rating and the below message:

"Please Note: The Department of Finance's building classification information shows a building's tax status, which may not be the same as the legal use of the structure. To determine the legal use of a structure, research the records of the Department of Buildings".

I agree with you and PC#1 that it has to do with the boilers and windows.

I don't want the co-op receive a fine for not displaying the grade but I also do not want to be the troublesome shareholder.

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Fire Safety for small walk-up buildings - Elisa Nov 24, 2020

Hi, could someone share easy-to-read information on the basics of fire safety for small walk-up buildings? We can't afford a full-service management company, so the one we have doesn't provide much oversight. Through an informal conversation with someone familiar with fire safety, I've learned that we are not in compliance with regulations - for example, not every apartment has an address posted on its door, and we have mats in the hallway at each apartment's door (the person I spoke with said these are "tripping hazards" and should not be there). We also need to post routes for safe exit. Is there a straightforward, easy to read summary of fire safety requirements for small walk-up buildings? We don't have elevators so our needs are different from buildings that do. I've googled, but the documents I've found are quite dense and full of legalese. For example, I can't find one that says that every unit must have its address posted (e.g., 4C, 4D, 4E, etc.). Any suggestions welcome. Thanks.

> Join the conversation Comments (1)

Only one idea comes to mind: Have you contacted your local FDNY firehouse?
Perhaps they could direct you as to where to start.

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