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unauthorized repair in the apt - Gene Dec 28, 2014

In September 2011 I discovered a crack in the hot water pipe return from the baseboard. Since I do not turn the heating in the apt, it is way too hot anyway, there was no water leak, only loud whistle of air being sucked into the crack by the return water pump. I plugged the crack with some plumber putty to prevent air entering the system and asked the super for his recommendation for a plumber to have the pipe repaired. His response was that the building maintenance people can do the job themselves and I don't need to find anyone and can save money. He said "That's what we are here for". A quote in the amount of $320.80 was given to me for the part needed to do the job. I agreed to have the work done for this amount after the end of the heating season.

In July 2012 I raised this issue with the super and the maintenance company representative since no job has been done by then and it was agreed that my pipe/baseboard should be repaired/replaced before the heating season starts to avoid potential water leaks and damages to the apartment downstairs.

In August 2012 the baseboard was replaced by a plumber hired by the maintenance company without any quotes, notices or my approvals. No Maintenance Requests was ever filed, neither I authorized to enter my apt in my absence. I was billed about three times of the original quote amount - $952.66. I refused to pay the bill sent to me and only paid the amount of the original quote, sent several e-mails to the maintenance company disputing this new charge, but the only response I received was that 'you agreed to have the work done".

For 2 years the difference between the billed amount and the money I paid remained constant in my monthly maintenance bill and the entire issue remained stagnant. Every month I paid my maintenance bill in full and on time indicating that the money I was paying was for the maintenance only and should not be applied towards the charge under dispute. Then in November 2014 my monthly maintenance payment was applied to cover that disputed amount, monthly maintenance was indicated as 'not paid in full' and a late charge was added to the bill. Any new e-mail regarding this issue to the maintenance company or the Board remain unanswered.

Any advice about how to proceed further beyond sending a certified letter?

Thank you!

> Join the conversation Comments (1)

do you have any written history of this or was it all verbal?

hopefully you have written history to back all up - request meeting with board via certified letter and bring copies of all history with you. ask them to present your written approval to move forward with the cost of $952.66.

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> Join the conversation Comments (2)

You might want to check your proprietary lease; normally, any water-related repairs of building systems are the responsibility of the coop, not the individual shareholder. You may not have to pay any of this expense. Good luck to you.

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> Join the conversation Comments (1)

In my coop, the unit owner is responsible for visible piping except for a steam riser, but including radiators, radiator shut off valves and radiator air vents. In this case, it's not clear where the cracked pipe is, or what it's attached to, or the cause of the cracked pipe. Of course, leases do vary and should be checked just to be clear.

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You might want to check your proprietary lease; normally, any water-related repairs of building systems are the responsibility of the coop, not the individual shareholder. You may not have to pay any of this expense. Good luck to you.

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using apartment as an air bb - Sue Nov 20, 2014

Scenerio: Shareholder with a long history of problematic behaviors including multiple lawsuits is suspected of using apartment as an air b&b. When questioned once (management simply asked for contact infor on family staying in apartment) shareholder became extremely objectionable and demanded to know who was asking about visitors and never provided the infor and starting making claims of being "singled out".
Shareholder recently sent an email to board stating visitors were coming for the holidays.
Here's the catch- there really is no obvious violation to house rules or PL. But, what if the shareholder is "secretly" collecting $ for hosting tourists/visitors?
So the conversation takes us to how can a Board address the issue of increasing new yorkers making a buck by "renting" a coach or two as a nyc air bb in the co-ops?

> Join the conversation Comments (2)

My thoughts on AIR B&B are that they are anti-community, opposed to owner occupied units and may compromise security. Unless AIR B&B charges and pays sales and NYC/NYS Hotel taxes (which I doubt), those tax dollars that would have gone to fund local issues like schools do not exist (it would have if the people using AIR B&B would have gotten a hotel room). Remember owner occupied status and the issues getting mortgages in buildings under the owner occupied threshold? Can an owner with significant AIR B&B usage really claim owner occupied status? Also, one of the reasons people buy into a co-op is improved security. These “guests” are let into the building without Board approval and if something happens, will the Building and the Board be held liability?

I think you need to stamp this out for good. Just make the rules for everyone.

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> Join the conversation Comments (1)

Airbnb is illegal in NYS/NYC. When it comes to your residential building, no-one has vetted the visitor as a Board would do on a sublease or roommate scenario, no one is watching out for the shareholders. The renter is often not in Residence so they cannot oversee their guest's behavior either. You have no idea who or what your neighbors have rented to, for how long etc. They are, if this is in a Coop, in breach of the houseguest, sublease & roommate rules of the Proprietary Lease /Bylaws etc. In the event of a bad choice and a situation, the Coop could be liable for the burglary, assault, rape or death/injury of a shareholder by the illegal renter. With no information to track or chase them down. The background check by Airbnb is minimal. It is bad news, high risk, and has no upside for anyone other than the renter who makes some money, which was not part of the purchase agreement when buying shares in the Coop. For serial Airbnb renter, it is now a non-resident shareholder turning their apartment into an SRO mini-hotel, not the same as a Board controlled sublease at all.

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Sue - Please check your proprietary lease. In my lease (standard 1980's co-op conversion document) paragraphs #14 and #15 specifically address occupancy and subletting. Paragraph #15 in particular spells out the conditions for subletting, all of which are violated by an Air B&B type of sublet.

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What are NYC requirements for buildings having a super? - Elisa Nov 19, 2014

I live in a small condo, 10 units. I realize that we are too small to have a live-in super, but are there any NYC or DOB requirements relating to having a super at all? The person described as the "part time super" is actually a porter - just responsible for cleaning the building, with no knowledge of the building's mechanical systems, plumbing, or electrical work. Apparently we have 1 or 2 ad hoc professionals who come infrequently to check on the building (e.g., turning on the heater for the winter months). Is there anything I can do to get my board to hire a real super? I am fine with the person not living in the building; it would just be good to have someone available, even part-time, who has a super's skills.

> Join the conversation Comments (1)

There are two areas of NYC laws that touch upon this. You are 10 units, so the first definitely applies to you: The first is the Housing Maintenance Code, Article 13, and it states that "a building of 9 apartments or more" is subject to the requirements.

The second is the Multiple Dwelling Law Article 3/title 83, which states "a dwelling with thirteen or more tenants."

Both articles state either/or... a 24 hour janitor or housekeeper or a janitor can reside in the building or a janitor can reside within 200 feet of the building (or the agent or owner lives in the building).

If you have a responsible party for the Condo that lives in the building (the Board President, or the like) who can be responsible in an emergency, you can most likely satisfy the requirements of the Fair Housing Maintenance Code, which is quoted at the top. I would put that person on the Multiple Dwelling Registration of the building as well.

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> Join the conversation Comments (1)

Hi, thanks for your answer. I have a more specific question: We had no heat one Sunday; it was less than 60 degrees in my apartment's bedroom. I notified the board and was told that the plumber would come by on Monday to start the boiler. Similarly, when the temperature goes into the 60's on the weekend, our apartments are too hot and there is no one available to adjust the heat (we have no thermostats in our units). Can we use the tenets of the Multiple Dwelling Law to insist that someone (the part time plumber or whoever) address heating problems over the weekend rather than having to wait till Monday? Thanks for any guidance. On a related note, I would like to investigate making a recommendation for another managing agent. We pay a low amount for their assistance and receive very little in the way of guidance from them. (I think you may have responded to the latter question before and I would greatly appreciate contacting you offline.) Thank you!

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> Join the conversation Comments (2)

NYC has specific heat requirements from Oct 1 through May 31.
6am-10pm, if colder than 55, inside => 68
10pm-6am, if colder than 40, inside => 55
How old is this condo? I can't imagine any building today without some sort of heat-timer or boiler control along with thermostats. If you have a separate hot water system, maybe the boiler was shut down for the summer and just needed to be turned on, as the board member stated.

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> Join the conversation Comments (1)

The building was constructed in the early part of the 20th century and converted to a condo in the late 80's. And the boiler was not shut down for the summer. It was November 2nd and it was 46 degrees F outside. The plumber was called because a leak had to be repaired before the boiler could be turned (back) on. I contend that the plumber should have been paid overtime to repair the leak over the weekend and get the boiler going, rather than the residents having to wait, in discomfort, for the plumber to come in on Monday.

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> Join the conversation Comments (2)

When was the leak discovered? Is anyone keeping an eye on the boiler on a daily basis? Does the condo have a board treasurer? Is there a budget? Regarding the hiring of a super, even part time, costs $$. If you were to hire a part time super, say, 20 hours a week @ a low $10 per hour, it would cost at least $10,000 for a year, plus benefits (social security taxes, workers comp, as a bare minimum). Divided by 10 owners. Every decision has it's pros and cons.

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What kind of governance structure do you have and how are decisions made? Currently, who is responsible in your condominium for making decisions like authorizing overtime payment for emergency repair work?

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> Join the conversation Comments (1)

When I asked about how decisions are made one board member said they're made by a consensus of the owners. But given that the president didn't set an agenda for the last annual meeting, and copies of the finances were not made available to discuss at the annual meeting, and no one has distributed notes yet on the meeting though it took place over 4 months ago, I think that this board has not completely thought through or decided on formal decision making processes.

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Elisa,

Feel free to email me directly at mblevine@ebmg.com or 212-502-7048 x.201 if you want to still talk offline about this issue. Happy to assist.

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state audit requirements - coopapartm Tumbler Nov 18, 2014

i notice that the yearly audit footnotes on its accountability has changed twicw ivwe the years, it seems like the auditor is distancing itself from the coop, and lowering its accountability.
Is there a requirement for the type of audit and standards or can they tailor the audit to fit the reported numbers?

> Join the conversation Comments (1)

My CPA firm specializes in the audits of cooperative housing corporations and condominium housing associations. We make sure that we stay up-to-date on all audit and disclosure requirements. The financial statements are the responsibility of management (including the Board). The auditor's role is to issue an opinion on the financial statements. This opinion offers assurance that the financial statements are free from material misstatements. Our firm assists management in drafting the financial statements to meet all requirements. Please feel free to learn about my firm and to contact me. My firm is Prisand, Mellina, Unterlack & Co., LLP and our website is www.pmucpa.com.

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NYCHDC - FrankieD Nov 03, 2014

Once a year an inspector comes to NYC HPD built buildings and does an inspection. I questioned the inspector of what exactly happens to the reports they write since the building has had the same construction defects they we are trying to rectify. It doesn't seem write that HPD inspects their own buildings? Duh, you wonder why they have so many ongong issues. With the ongoing turnover at these city agencies what exactly happens to the report? the inspector failed to answer the questions I asked. What exactly is HPD & NYCHDC accountable for?

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High sponsorship in coop building - Drizzler75 Nov 01, 2014

Hi, I'm on the board of our 60 unit building. The sponsor still holds 46% of shares in the building. This is causing a lot of issues as new buyers have tremendous problems getting a mortgage. Most major banks don't want to lend for fear of the high sponsorship rate. A Fannie Mae loan is not possible to be had.
Apart from that it is hurting the building in other ways: the high turnover rate of renters who are constantly moving in and out; no control over who gets accepted as a renter by the sponsor; no following of house rules by the tenants and of course, the resale possibility of the individual apartments.
We have started a law suit against the sponsor in order to get them to sell units but so far the only result has been that they offered to sell five apartments which doesn't really change much about the mortgage situation. Any ideas what we can do?
Thank you.

> Join the conversation Comments (1)

Hi,

My co-op of 111 units got 15 sponsor units in bankruptcy proceeding. This provides a stream of capital funds to the co-op when we professionally renovate and sell the units when they become vacant (we have a strict re-rent policy). As a result, we are over 95% shareowner owned.

If the co-op corporation could obtain the sponsor units, you could do the same (I am thinking outright purchase of their stake). I am not sure how your governing documents are written but financial pressure might be applied on the sponsor by way of maintenance increases and assessments on all units. Let them sell the five units first so you have more voting leverage.

Good luck!

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Hoarders - Sue Oct 22, 2014

Interested in hearing from others about how their board's are handling hoarders and/or hoarder types. We are in a small 12 unit Co-op. Most units have been renovated. Some of the original "sponsors" are still here and have never done anything to the Units. So, there's old plumbing, old makeshift kitchens and on top of that units are full of stuff.

Is it the Board's responsibility to check each unit for potential hazardous conditions such as crowded space?

Thanks for commenting .

> Join the conversation Comments (1)

I think that if the board receives complaints about a unit hoarding, then there is a responsibility for the board to check and determine any potential hazardous or safety conditions. We have a clause in our co-ownership agreement that allows the board access to a unit for any work that is being done on the building (and could impact a unit) or for safety reasons.

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No Lend List - Anon Oct 15, 2014

I live in a 60 unit Co-op building in nyc. We went co-op in 1986. The sponsor still owns 49% of the units. We have not had a sale in the last 6 years that required financing, all have been cash deals and limited to 1 bedrooms. I have a four bedroom and have just listed my apartment.

Is there any way to find out if our building is on a due not lend list with major banks? Im afraid we won’t be able to sell because buyers can’t get financing from major banks due to the building sponsor.

I did raise this to the property manager who is also the sponsor and they pointed out they could provide financing to credit worthy people through a bank that the principal of the sponsor runs.

Any thoughts?

> Join the conversation Comments (2)

My coop had 86 units, 30 still in the sponsor hands. We had a record number of sales last year, about 6, and 3 this year so far. I believe JP Morgan Chase and Wells Fargo are offering mortgages. I don't recall seeing any other banks recently. The banks often keep files on the buildings, if you can locate the phone contacts for these bank's mortgage departments, you can find out what they have for your building, if anything. A 'co-op questionaire' is usually required to be completed from the property as well as last 2-3 years financials and budgets, prospectus and amendments. Maybe a real estate broker involved with coops can advise you where their clients have been able to obtain mortgages in your area. I've never heard of a do not lend list within the banks. However, Fannie Mae has tightened up a lot since the financial fiasco and the mortgages may not be eligible to be resold to Fannie Mae. So the bank would have to hold the mortgage themselves until satisifed.

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I bought into a building in the East Village with a sponsorship rate of 46% last year. Chase wouldn't give me a loan for fear of the high sponsorship rate. The mortgage broker went through a lot of research and eventually got me a mortgage through "Community National Bank" in Great, Neck, NY (Long Island). It seems to be a smallish bank. From what the mortgage broker told me you need to go to smaller banks in order to get a loan for a building like that. Also, it kind of sucks for selling your apartment. But maybe tell them about CNB, they did not seem to mind the sponsor and I got a good rate.

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Board protocol question - FrankieD Oct 12, 2014

Last year our coop board met for the annual election and after that meeting they were never heard from again. Nobody knows who is the president and there has been no communications at all. Is this a violation of coop bylaws or just stupidity?

> Join the conversation Comments (3)

It's poor communication by the board and management co. The bylaws and proprietary lease woulddefine the requirements, if any, following the election. If you are in NY State, the department of state requires that corporate ownership information is kept current. http://www.dos.ny.gov/corps/bus_entity_search.html
allows you to search for the current data. You can contact your management co. as well and ask for the information. They would normally be present at the meeting where the elections were held and should see that the State info is updated as required by law. You can also speak to any of the previous board members and ask them if they know who the news ones are, or ask the super.

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> Join the conversation Comments (1)

i just looked at my coop, it list as ceo someone that resignes about a year ago, only the ceo is listed per the site.

i would like to find out who gets star in this building, board and managing company won't give me info on anything, coops are all fraud and the biggest real estate scam , soon to be outed

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A couple of questions:
* Was essentially the same board re-elected or is this an entirely new board? If new it could simply be stupidity (naivete). If the same board, I would be concerned.
* If this is a re-elected board, did they exhibit the same behavior before they were re-elected? If the same behavior, then sadly you knew what you were re-electing. If it is a radical change, I would be concerned.

The suggestion about contacting the managing agent is a good one. Keep in mind, though, that the managing agent company is hired by the Board and answers to the Board. They may defer to the Board when answering your questions.

Were the votes counted at the meeting or afterwards? Were any of the positions contested? Are there any big money projects going on or scheduled to start soon? If this is an experienced board whose way of doing things has suddenly changed, it bears looking into closely.

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In buildings that I manage I like to take the opposite approach and give as much information as I can, in order to avoid issues such as these. We'll often post the Board / Officer list in the open area of the building and will send out a Shareholder / Unit Owner mass e-mail notification with this information as well.

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> Join the conversation Comments (1)

our board meets monthly, we have an email address that shareholders can use to contact us and the names of the board members are posted each year a day after the annual meeting. can a group of shareholders get together and request that the board start doing what they should be doing?

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> Join the conversation Comments (2)

I'm with Mark - communicate, communicate, communicate. We implemented a Suggestion Box (2) buildings and everything posted monthly (non names). In the list we report "Kudo's", "Questions" and "Concerns". And we even include criticisms about the Board. This way all residents can see the Suggestions and boards responses. We also post a Board Meeting Highlights Bulletin after each meeting and just started a bi-monthly newsletter to fill in any communication gaps.

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It depends on your board operations By-Laws or Rules & Regulations. In ours the co-owners can request a Board meeting and there is nothing preventing them from issuing a petition against something. If your board is not "doing what they should be doing" who else other than your shareholders are going to tell you?

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Bicyclists danger to pedestrians... - Liz R.Insurance Broker Sep 24, 2014

One of my clients wrote an article for Newsday: to quote "Bicyclists get everything for free, but motorists must pay for driver's licenses, auto insurance, vehicle registration, gasoline taxes, parking and bridge and tunnel tolls. Motorists fees paid to pave over those cobblestone streets in Queens.Yet bicyclists are more feared by pedestrians than cars and so on etc. ......Just read a lady was killed by a bike in Central Park. Any thoughts? Would any insurance cover this?

> Join the conversation Comments (1)

This is utter nonsense. 400 pedestrians were killed by cars in the past 12 months, 1 pedestrian was killed by a cyclist. Which do you *really* believe pedestrians are afraid of?

Motorists fees go to Albany, not City Hall. Just look at who issues the license and registration.

Cyclists must pay the same gasoline tax as motorists. The only difference is that cyclists don't use gasoline.

Cyclists pay City and State income and in many cases Real Estate taxes, just like motorists. *That* is what funds the DOT to pave and maintain the streets.

Motorists on the other hand create infinitely more wear and tear on our infrastructure than cyclists, and they get to pollute the air as a bonus. Their cars require 20 times more space to park than bicycles. As for insurance, just compare how many millions of dollars in injury and property damage cars are responsible for versus the miniscule amount caused by cyclists. You're an insurance broker. How many claims and for how much have you handled in the past year against cyclists versus the same for motorists?

"Yet bicyclists are more feared by pedestrians than cars..." Quite a sweeping generalization for something that has absolutely no basis in fact. There are thousands of pedestrians who regularly stroll in the middle of the Central Park loop and coexist with hundreds of cyclists. How many pedestrians can you find strolling in the middle of Queens Blvd coexisting with cars?

Thoughts? What does an anti-cyclist rant have to do with good Co-op and Condo governance?

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Statistics aside, I think the fear comes from the fact that while you can see and hear cars coming, and while cars all go the same proscribed direction on streets, bikes often move silently and pedestrians never know from where a bike will come -- behind them, in front of them. Bicyclists ride both in streets (both with and against traffic) and on sidewalks. As well, some bicyclists stop at lights and intersections, and some don't.

It's that complete unpredictability that makes bicycles scarier than cars.

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both comments are on. I am a advid bicyclist, and direct action bcycle advocate.
Last night in central park twice iwas almost hit by the 2% of psychotic idiots. Once on the path next to the drive. On the plus side a bicyclist on the drive was yelling at the bicyclist to get out of the path.
However this has nothing to do with coops

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Spot on. The client "Liz R" refers to is Albert Volpe. Mr Volpe is a well-known anti-bicycle agitator in the Queens CB2. He's written a number of similar screeds to various publications. I suspect it is Mr Volpe hiding behind "Liz R" who uploaded the original post in this thread.

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More likely Liz R insurance Broker just wants to sell insurance.

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Sorry, csuarex, but I simply don't buy that. As I questioned in my original response and reiterated by coopapartm Tumbler, what does an anti-bicycling diatribe have to do with good co-op/condo governance and what kind of insurance relating to cycling could Liz R. be trying to sell to the members of this forum?

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Chill out Steven 424. Peace. I already read your original response and agree. It has no place here. I've seen other so called questions on ths site that were obviously made by people trying to sell something. To answer your question some homeowners insurance does cover a biker's liability, but that is neither her or there, this is a fear mongering question and fear mongers usually are trying to sell you something. Why do you think someone would put an anti-bicycling statement on this website? :)

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Hi csuarez -- I'm chilled. :-) I actually don't think anyone was trying to make a sale here. My perception is that the original post was an attempt by a very hostile person to spread his brand of bias by hiding it behind a "re-post." But you are right. We have parsed and dissected this enough. Over and out.

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