The treasurer needs to recuse herself due to the conflict of interest. No way should she be allowed to vote, regardless of what the rest of the Board decides as a course of action.

Do whatever is best for the community.

Completely agree with Marty. This is a clear conflict of interest.

If the rest of the board votes for the dues increase then her position is moot. If your association has an attorney you use for legal matters, ask her/him for an opinion in writing. That might sway the treasurer.

The Board should discuss with its attorney whether the Treasurer is conflicted. Every time the Board votes on financial matters, especially the balance between assessments and dues/monthly increases, the vote affects each Board member. There is no right or wrong here, and the fact that one solution is in a Board Member's own interest doesn't necessarily create a disqualifying conflict. In fact the alternative solution is probably in other Board member's interests.

Is the volunteer another Board member or someone not on the Board?

They both cannot be allowed to vote. Does your co-op treat a leave of absence as still being on the Board or as a resignation? Never have come across this scenario so I don't have a definitive opinion.

The Board has to decide if a leave of absence means he has resigned from the Board.

The volunteer joined the board and now votes. We'd like to treat it as a resignation. There is nothing in the by-laws about this situation. This gentleman is another board member whose unit is up for sale and doesn't want to see a dues increase. We have the lowest dues in the area and will still have the lowest even after a dues increase. Thank you for your responses.

Since there's nothing in your by-laws, I would ask your LOA Board member if he'd be willing to write a letter of resignation considering he's not around, so he is unaware of the issues facing the Board while he's away. That would solve your problem.

If he's not willing to tender his resignation, then you would likely need to amend your by-laws to cover this situation.

Our co-op did so several years ago when we amended our by-laws to state that a Board member is deemed to have resigned from the Board if one of two things happens:

1) The Board member misses 3 consecutive Board meetings
OR
2) The Board member misses 50% of the board meetings in a 12 month period without a valid excuse (going to work out of state would not be considered a valid excuse in my opinion).

The important thing at this moment is that you're only having one vote come from the 2 people involved (LOA guy and the volunteer who is filling in).

A 2 year leave of absence is ridiculous! When the individual comes back in 2 years they can once again run for the board. This just sounds like hanky panky to me. Also why no take a vote to find out how the shareholders feel about this? I think the whole ordeal is very underhanded.......

While I agree that staying on the board during a 2 year leave of absence is not good for the board or the co-op corporation, it doesn't sound like there is anything underhanded going on. The person on leave may have honestly thought they could keep up with all the board's and co-op's needs and requirements while being remote, in practice it is almost impossible to do. I agree they should make a clean break and resign, let the normal board member replacement process take place, and then run for the board again when they return.

I agree with MK, also you can not appoint a person to fill in your seat. You need to tell this person his seat will be up for elections when you have one. Being on the board is volunteers who are voted to serve your coop/condo.
never have I heard of a leave of absents. Best of Luck

If the rest of the Board is aware of the situation, I think you must get your attorney involved with a cease and desist letter. Nothing like a firmly stated letter from the attorney to let this Board member know that you're serious.

Does your co-op impose penalties for unlicensed/uninsured renovations? If so, he must be treated like any other shareholder.

He's also taking actions that are clearly not in the best interests of the co-op, so this person shouldn't even be on the Board. How do your by-laws allow for removal of a Board member?

I live in a *co-op* that has rental limits. They are spelled out in the House Rules, and I'm not sure offhand if there is any wording about sublets in the proprietary lease.

The rules are that there can be no more than seven concurrent sublets. This is 10% of the total number of units in our building. Any greater number begins to pose problems for people who want to purchase or shareholders who want to refinance because banks don't like to see more than 10% rentals. It also starts to change the complexion of the rest of the community. Once the limit is reached, additional sublet requests go on a FIFO waiting list until one of the seven slots opens up. The board will consider severe hardship cases.

Each shareholder has a guaranteed lifetime sublet limit of two years. This does not have to be contiguous and can be broken up on a month by month basis. If there is no waiting list, the shareholder can request a third year, but it must be on a month by month basis. This means that if another shareholder wants to start their guaranteed sublet, the board can terminate a sublet in its third year after 30 days notice. Sounds complicated, but works in practice.

There is a sublet fee and it is used to pay for paperwork processing by our MA and also for a background check of the proposed tenants. The board interviews the tenants as if they were new purchasers. The apartment shareholder-owner assumes all responsibility for maintenance payments and tenant behavior. We have a sublet form which must be completed which has standard questions like, "do you have any diplomatic status or immunity?" (complicates eviction if it becomes necessary), "do you play any loud instruments?", "have you ever been a party in a lawsuit in the past X years?", things like that.

The reasons for the lifetime limits are to discourage speculators from purchasing units and then immediately trying to turn them into long-term sublets. There is a question on our new purchase application that asks if the purchaser intends to sublet their unit during the first year of occupancy. We understand situations can change, but if they answered "no" and then ask to rent after a few months, we'll ask questions before approving the sublet.

Condos have different considerations because each unit is considered separate property and not a lessee/lessor arrangement as in a co-op. You didn't say if your condos are free-standing, townhouses, or multi-dwelling (apartment) building. All that we go through in our apartment building to allow sublets is designed to insure that the new individuals who will be living in the building do not pose a safety or security risk to the rest of the community.

AirBnB adds an additional level of complexity to sublets. We do not allow any rentals for less than 30 days, and I believe NYC law prohibits it as well.

Long-winded, but I hope it helps,
--- Steve

My building did not allow sublets at all even in the worst of hardships. Then a board member moved his elderly mother in law move into his apt. He and his new wife purchased property elsewhere and left her there. All of a sudden sublets are OK according to this BM who previously adement that no rentals were allowed. The mother in law went to a nursing facility and he now has the apartment rented! I am trying to sell and so far no luck.... I can not stand the BMs or MA here! A bunch of depraved self serving bullies. He claims he will sell the apartment when all the DESPERATE PEOPLE are gone! How did I get duped into this horrific situation. Can wait get away from this nightmare!
Just Cranking

I couldn't imagine telling our resident manager -- or any of the building staff -- that they weren't good enough to ride in the elevators with the shareholders. Your shareholders should be ashamed.

Duplex apt. wow! I must come back as a Super in any co op condo. Your lucky you see your superintendent ours hides in his apt.

In our building (Brooklyn Heights) staff is required to take the freight elevator, as are the Domestics.

Your Resident Manager has no business on the front elevator. Although he resides in the building, that is solely due to the union’s requirement. Sounds like he is confused about his social position. Have your management company speak with him. Or not - He will come to understand that by taking the front elevator he will be alienating shareholders & losing their support.

While I understand Andrew's view of the union rules, I am in total agreement with BBCA.

I guess that on Park Avenue and in Brooklyn Heights, the super's social position is such that he's not good enough to ride the elevator with the shareholders, but when they need him to fix something, then he's plenty good enough to walk in their front door.

Andrew - Let me give you some unsolicited advice that you should pass along to your fellow residents...You and your shareholders are not of a higher social position than your super. You're not a better person than the super. In fact, just by having the attitude that you have, you have shown that you are beneath your super as far as being a decent human being.

Very sorry to hear that your perspective of other human beings still exists in your co-op.

Marty,
Correction: Super & staff do not enter our apartments through the front doors. They enter our apartments through the service doors which are adjacent to the servants’ elevator (which Super doesn’t wish to take) and which typically open into the kitchen or the maid’s private quarters.
This is not chutzpah, it’s simply a formal building.
FYI: Over the weekend the board voted to let the management company talk to him about this matter.

Wow! My co-op is right in the middle of the "North Heights", and I cannot believe Andrew is talking about the same bit of real estate my building is in.

To start, having a live-in super is not a union rule, but is required by NYC regulation. Any multi-dwelling building with more that 10 (I think) units must have a live-in super or a super who lives no more than a couple of hundred feet from the building.

As for a super's (and staff's) "social position", what chutzpah. I could not agree more with BBCA's and Marty's posts. In our building, the super and staff are treated almost as family. In fact, our current super is the son of our former (retired) super. He's on a first name basis with all the shareholders, is completed trusted by all the shareholders, and shareholders hold the elevator door for him when they see him coming.

Our super and staff and their families are invited to all building parties like Halloween and year-end. They're all members of the union, but the building feels it is important to provide additional benefits and perks to show our appreciation. Some have family in Puerto Rico, and the building was proud to send a contribution to each family to help with the ongoing problems. Our super and his family live in the building. His kids play with shareholder's kids.

In return, we have one of the most pro-active and responsive supers around. He is truly available 24x7 and will respond to all reasonable requests at any hour. He makes a point of standing by the *front* door (and not the service entrance) in the early morning so shareholders can chat with him and let him know about any problems and concerns on their way to work. He and the staff will perform small maintenance work and tasks for shareholders as their work schedule permits. They're always visible, and the communications between super/staff and shareholders always flows easily.

I could not imagine living in a building where it is any other way. Far from alienating shareholders and losing their support, the shareholders in my building totally appreciate the super and staff, because it's the unseen and hidden work they do that makes this a very enjoyable place to live.

I wrote this because I want readers to know that not every building in Brooklyn Heights has its nose so high in the air that it obscures the rooftop exhaust vents.

Every building has its own culture.

I suspect the original writer, whose building staff takes the back elevator, but the Super does not, is in a building where they are unhappy with the super.

If the Super were well-liked it would not be a problem.

For the last few months I notices this site has been quit skimpy on the questions. My thought is these questions are made up since the person or persons don't have names. But I must say I would love to get a replacement super. I heard about using a 24/7 on call company that supply any kind of service. The co op & condos are selling the supers apts. for a lot of money. Our poor handyman has to cover for our super and when the super does show up to do work he wants money. Does anyone know about this? Yes it has come out several times at open board meeting. Does anyone do something about it? No, why he's like family. Have an Awesome day

He has a free apt , right?

Yes, also free electric, gas, phone, laundry pass, cable. Just to name a few. Not a bad gig for free and gets paid extra for jobs around the building instead of getting 3 bids. Let's not forget his weekly check.

pc #1 - If your Board doesn't take action based on your super's less than satisfactory behavior, then I agree that something needs to be done. All employees and Board members must be held accountable.

However, I will also say that even if the super gets free this and free that, that has nothing to do with how shareholders should treat him.

He still deserves to be treated with respect, just like you would want to be treated.

Marty, I agree I'll remember that if and when I see him. Have a Happy Thanksgiving everyone.

I would begin by asking what other rules exist for the passenger elevator. Are staff permitted to ride the elevator when going to a shareholder's apartment or must they ride the service elevator? Are baby carriages and bicycles allowed in the passenger elevator. Are domestic help of tenants allowed to ride in the elevator? If the super is not permitted to ride in the elevator during working hours than my opnion is, if he is in work clothes he should use the service elevator (no matter the hour). If it is after hours, but he is going to service and apartment or do after hours work he should ride the service elevator. But, if he is in street clothes, he should be allowed to ride the elevator as a resident. Is your elevator small? The board should make a decision and then notify the Super and the residents that this is what was decided.

You ask an interesting question. I am not familiar with HFDC co-ops so I did a bit of Google research. I found that HFDC co-ops issue shares, have a proprietary lease, and generally act as a market-rate co-op except for very stringent financial requirements.

That being said, HFDC ownership is transferred by the sale and issuance of stock. When you purchased 20 years ago, you should have received a stock certificate at your closing. If you have a mortgage, the stock certificate would have been given directly to the bank holding your mortgage as collateral. Otherwise you would have received it directly.

Some buildings were rentals that converted to HFDC ownership. I don't know how the stock was issued or in what form for those.

I suggest you check all the documents you received at closing, if you can find them. You may uncover what you are looking for there. If not, contact the building's managing agent or a board member and ask them how many shares you own. You can also contact the bank that holds your mortgage (if you have one) to find out share information, but the bank may be very difficult to work with.

The only other possibility I can think of is that you are, in reality, a sub-tenant of your apartment's actual shareholder-owner. When you pay your monthly maintenance, who do you pay it to? Is it to the co-op corporation, or a private individual or different corporation? If you do not pay it directly to the co-op corporation you may be a sub-tenant and have been actually renting and not owning for all these years.

You may have to contact an attorney to help you get this straightened out. If you can't afford a private attorney, contact the Legal Aid Society. They might be able to help you for a reduced fee or no fee at all. http://www.legal-aid.org/en/civil/civilpractice/cdp/housingdevelopmentandpreservation.aspx

Good luck with your investigations.

You did the right thing by moving. Now move on you are not the police.
Try to forget and learn by this see something say something. Best of Luck

I agree with PC#1. If the Condo association is unable or unwilling to do anything about the situation you describe, you are much better off leaving and not looking back.

If the grandfather is still living there and the grandson simply moved in (and is not the owner), there may be very little the association can do short of starting legal action. Each condo association has its own rules and regulations, and over-55 communities usually have additional residency requirements and allowances.

Are you kidding? I can see it now disgruntle share holders/condo owners venting about how the place is run, bad managers, workers and let's not forget the Super. Kiss your building goodbye. Have your managing agent setup a building website. Whoever you are your opening up a can of worms. Wait until Steven chimes in.

So no building does this? Can’t the posts be screened?

PC#1 is correct. I see no upside for the co-op. None. Only bad things.

Pictures of the building/neighborhood for resales? Leave that to the brokers.

Who is going to screen the posts? I'm busy enough being on the Board. I don't want/need to be an editor.

Before you establish a presence anywhere online you should have an idea of what your presence is supposed to accomplish. Think if it as drawing up a business plan for your website or FB page. Know what you want to do before you spend all the time and effort in doing it.

If you want to concentrate on facilitating inter-shareholder discussions, take a look at Yahoo Groups. Yahoo is much better set up to manage discussion and to moderate them than FB.

We have an internal, private Facebook community that was first started right after Superstorm Sandy (when our property was completely flooded). As no-one could live on the property while we rebuilt, we used the community to communicate to the shareholders. While it's got it's advantages, it's also got numerous disadvantages - first, not every shareholder has access to FB, and some choose not to use it. The second and more important disadvantage is that it can quickly become unproductive and a breeding ground for useless banter. I kept the community up for a few months and then took it down when it became more of a problem then it was worth.

Subsequently, a shareholder created another private community. It often becomes a forum for bitching and moaning, and again - a lot of unproductive banter. The shareholder who created it occasionally will post a reminder to keep the topics on track and not raise personal issues. Sometimes that works and sometimes it doesn't....

I've created a FB business page for our community so that I can bring awareness about the community and the amenities we offer. I'm hoping that some visibility and knowledge about the community will help bring up our unit resale values. But it is a challenge keeping the content current.

As for any shareholder who posts a less than positive review - if the currently own, they're hurting their own property values.

https://www.facebook.com/OceanHarborClub/

Are you the MA or board member? Your building should higher an exterminator on a monthly basis. Free to the share holders this should be part of your buildings care. If you read up on bed bugs you'll see people are embarrassed by this. It was up to your managing agent to keep this private to reassure the share holder will be kept secret. The exterminator should have checked lets say apts. above and below like a square to see if they spread. By not doing this the bed begs spread. The coop or condo should pick up the tab and include a cleaning service to care for the clothing. The exterminator needs to come back and recheck apts. to make sure the bed bugs are gone. Sometimes it needs a second job done. This service should be free. Best of Luck

Sorry to hear about the bedbug infestation. You do have rights, although they are different if you live in a rental, co-op, or condo. Check out these webpages for more information:

Co-ops and condos: https://www.habitatmag.com/Publication-Content/Legal-Financial/2014/2014-February/Co-op-Board-Bedbug-Responsibilities

Rentals: http://www1.nyc.gov/site/doh/health/health-topics/bedbugs.page