Answering my own question, after a followup discussion with our managing agent and other board members: we're going to have the Secretary do a verbal roll call and record attendance from that. This works for us because we have only 33 units in our co-op, but I can imagine it would be onerous for larger buildings.

Check out Item #3 in this article to see if it suites your requirements

https://zapier.com/blog/zoom-tips/

Thanks for the pointer to those Zoom tips, which can help automate the roll call and automatically record participant info. For our meeting next week, we may use both a traditional roll call *and* the Zoom-supplied techniques as a backup.

You're welcome and good luck. If you come up with something that works, please post it here. I'm sure it will help others with similar needs.

--- Steve

I am definitely not a professional but do have some knowledge on the subject, so please take my answer for what it's worth.

Most hallway and other common area emergency lights are self-contained units. They rely on an internal rechargeable battery (lead-acid, like a car battery). They are wired into the building's 110V A/C power so they are constantly being charged. If the power goes off and the unit no longer senses the 110V, it automatically kicks over to battery. I think units may be obtained with different guaranteed minimum run-times, but I am not sure of this.

I'm assuming you live in a co-op or condo, so as for who has overall responsibility for the proper selection, care, testing, and other maintenance, the co-op or condo board does. The board can and almost always will engage the super, managing agent, or third party contractor for the hands-on requirements. But if the FDNY does an inspection and finds emergency lighting deficiencies, the violation will be written up against the building's owner and it will be the board's responsibility to cure the defects.

I hope this helps,
--- Steve

Thank you Steve. That's helpful. Yes, a coop.

I may have misunderstood the intended purpose of the emergency back-up lights. I thought they were supposed to stay on, or at least be light-sensitive so they would come back on again after dark if the electricity was still off.

But a firefighter friend told me they were only supposed to be on at the beginning of the emergency (when the electricity cut off), e.g. to help people get out of the building. (But then what?) So they may have worked as they were supposed to, but it still seems dangerous to me.

Do you know anything about that, or where I can look for the info?

Thx.

Hi DP - As your firefighter friend explained, emergency lighting is used for emergency situations, such as helping to evacuate a burning building. It is not intended to be used for normal residential illumination. I'm guessing that people would not be allowed back into a building until the FD has certified it safe for occupancy. This would include appropriate lighting.

In the event only a part of the building was damaged and the rest could be legally occupied, it would be the responsibility of the building owner to make all repairs to damaged or destroyed common systems, such as electricity and lighting. I would surmise the FD would not allow re-entry until everything was back up to code.

Emergency lighting runs on battery, which has a limited rated illumination length. Once the battery is depleted, it would need to be recharged before being used again.

Thanks again, Steven.

It was an odd emergency (Con Ed failure which affected a few buildings)—one outside of the usual definitions and parameters. There was no damage to the building, and no one was required to leave. I guess this was just one of those events that buildings really aren't prepared to handle—especially in an economically challenged neighborhood where the thought of going to a hotel didn't even cross my mind... and in the middle of a pandemic where we're mostly sheltering in place.

All seems OK now. Con Ed had to replace cables going into the buildings.

Thanks again!

You can pass a house rule that covers mask-wearing and social distancing, in either a specific or a generalized way. You might want to ask your attorney for guidance on the phrasing. Afterwards, anyone who fails to comply is violating a house rule and is subject to whatever penalties your Proprietary Lease allows for breaking house rules.

A difficulty our attorney warned us about in the past: authority to impose fines must originate in the Proprietary Lease. So your board may not be able to impose a fine even for egregious violations of house rules.

Hi pierogiz - Co-op apartments are a special type of of lessor/lessee arrangement that works like this. From a business organization perspective, a cooperative apartment building is owned by a unique form of not-for-profit corporation. This corporation owns the land (in most cases) and the building(s) outright.

When you "purchase" a co-op apartment you are actually buying shares of stock in the co-op corporation. At your closing you should have received a formal printed stock certificate showing how many shares you own and a copy of the corporation's Offering Plan. These are two key documents. If you took out a mortgage, the originator is given the stock certificate as collateral for the loan.

In exchange for owning the shares of stock apportioned to your unit, the co-op corporation grants you a Proprietary Lease. This is a special kind of lease that is similar to the lease you would sign if you simply rented your unit from a landlord.

Someone who owns a co-op apartment is both a shareholder in the corporation and at the same time is a leasee of the corporation. The terms "lessee" and "renter" are often interchanged, so you might be referred to as a renter.

To determine if you are a co-op owner or simply renting your apartment, think back to when you first signed a lot of paperwork and received the keys. Was it at a formal closing? Did you take out a mortgage? Did you pay one large sum at the closing or do you pay monthly rent to your landlord? Were you given an original or photocopy of a stock certificate? Do you remember receiving a copy of a thick document titled Offering Plan.

If your answer to these questions is "yes", you are most likely a co-op owner. If all you did was sign a lease and handed over a security deposit you are most likely a renter.

Once you determine what you are, the rest of your questions will fall into place.

Good luck!
--- Steve

Hi,

On the D.O.F. website
https://a836-acris.nyc.gov/DS/DocumentSearch/BBL

Using block: 1177 and lot 1, for your address, it shows some units listed as a co-op, while others as apartment. ???

While renters do not have the same rights as owners,
maintenance issues should absolutely be addressed and resolved.

The Business Corporation Law states Co-Ops are required to hold annuals meetings and have a board of directors.

As a renter, you don not have any rights to vote, however if the management company is not responding to your maintenance needs, you would at least be and to reach out to the board

(602)
"A meeting of shareholders shall be held annually for the election of directors and the transaction of other business on a date fixed by or under the by-laws.  A failure to hold the annual meeting on the date so fixed or to elect a sufficient number of directors to conduct the business of the corporation shall not work a forfeiture or give cause for dissolution of the corporation"

You might try and contact the department of finance for assistance or call 311. I have found Marcel Dixon to be very helpful.

Marcel Dixon
NYC Department of Finance│External Affairs
212-602-7050

DixonM@finance.nyc.gov

I definitely rent my apartment, however, I think the landlord doesn’t have a functioning coop board at the building as everyone is a renter... how do I. Find out which apartment is still under rent control in the building and actually physically go and speak to those tenants to see if they are under rent control

N.Y. Attorney General

https://formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGREFHome;jsessionid=y44nathAXmNrxUAjlP9uVF7ZZE0QceOF9WS6_mUsdQQG6bJAjs0z!2126564131

Hope this helps....

https://www.habitatmag.com/Publication-Content/Co-op-Condo-Buyers/2008/2008-December/Renters-Rights-in-Co-op-and-Condo-Apartment-Buildings

Question: Does your renters have a Medical Marijuana card? If yes your board can not say anything nor charge you for odors. Building has a # of odors Like cooking, smoking and painting and construction.
Medical Marijuana (Vaping does not smell ) nor does vaping smoking cigarets I know this for a fact.
Sounds like someone doesn't like your renter. Before you fight this check if they have a medical card. The board can not charge for something that is legal. Good luck and let us know what happens.

In addition to PC #1's good suggestions, I would recommend you check your co-op's House Rules for a no-smoking clause. One might have been added recently, although as a shareholder you should have been notified at the time.

Co-ops and condos must abide by a Warranty of Habitability. This is law which states in effect that in multi-unit buildings, it is the responsibility of the landlord (or co-op board or HOA) to insure each unit is habitable. You should check the Warranty of Habitability for Westchester to understand exactly what it says.

Second-hand smoke of any sort is the major habitability complaint. It sounds like in the building you visited, everyone was cool with the marijuana smoke so no one complained. In the building housing your sublet unit, some shareholders are not so understanding. But they will most likely prevail if this becomes a legal matter.

I don't think you or your sublet are being targeted. The fact your sublet smoked a second time after being warned affects his credibility. If a unit owner once again smells MJ smoke, it is not too difficult for them to arrange with a board member to visit the unit owner's apartment while the MJ odors are present. The board also has the right to enter your sublet's apartment at the same moment in time to sniff for tell-tail traces of MJ smoke.

The best thing you can do is warn your sublet against smoking anything. Period. Then be proactive. Notify the board that if they receive another complaint, you would like a board member to immediately visit your unit to see if any aromas are present. Incense and other aromatics will only decrease credibility further.

Please be aware that I am not an attorney, and what I wrote above is worth what you paid for them.

Hi Alima and Jerome - I am very sorry for the grief and discriminatory remarks you were subjected to by the condo board president. Have you brought these and your other complaints to the attention of your landlord, who I assume owns the condominium? If not, this is where you should start.

You have to realize that as the tenant of the actual owner of the condo you have very little influence over the actions and decisions of the condo's board. The issues you described need to be dealt with by your landlord. You have certain tenant's rights under the law, but you would need to consult with an attorney to understand what they are and how you would enforce and/or protect them.

Most important, I think you misunderstand the nature of this discussion group. It is comprised mainly of co-op and condo board members who answer questions and give advice to other board members based on knowledge and experience. You need to realize that there is no one on here who has any legal power or authority to resolve anything. The best we can do is offer suggestions, but they have no legal standing and are worth what you pay for them.

I'm mentioning this because in your message closing you thanked us for our attention in resolving the issues. We can't. Most of what you describe can only be resolved first by discussion with the board. If that doesn't work, you may have to go to court and you may have to hire an attorney. There's no one on here who can represent you or do any legal work on your behalf.

Good luck,
--- Steve

Hello Maria,

You most certainly can list your co-op. The realtor will take pictures, some are doing virtual video tours.

You appear to be stuck on the idea of listing when the pandemic winds down but It is winding down Maria... So why wait?

It seems like you want you board to bend the rules but you and your tenant don't want to show good faith by doing due diligence and list your co-op. Has you tenant made any effort to look online or go to a resistor?

I think your tenant is very lucky to have such a caring and compassionate lessor. I am sure she is equally concerned about you.

You mentioned possibly contacting an attorney. With your current situation, do you think spending thousands of dollars for an attorney is the wisest move?

I just spoke to my tenant........she said the Co-op can't evict her because of the nys law. She also said she doesn't feel comfortable with anyone coming into her apartment to take pictures or virtual tour for me to sell the coop. What am I to do?

Maria - Contributor NYC makes excellent points about your tenant, and you and your husband's relationship with her. For an angel, she's not very giving with her halo.

At this point, you should be working *with* your board to make sure she vacates at the earliest possible moment. At best you'll have to hire an attorney and start an eviction proceeding. At worst, this will get you on the outs with your board, and good luck with selling your apartment

She no longer deserves your loyalty and consideration. Good luck with whatever you decide.

No that's not true. My tenant and I are on the same page. We both want the extended lease. We both agree that the board should have a little more compassion during these time.

Hello Maria,

Now I am confused... While I am totally sympathetic to your situation, there isn't much you can do except end up going to war with your Co-Op board.

Your tenant will eventually be gone and you will be left with an empty co-op, monthly maintenance and attorney fees.

Maria, you can stand your ground but a lease is a legally enforceable agreement and there are emotional and financial consequences that you will be facing for your actions.

Is your tenant a family member or th or actual owner?

I just can't understand how you can put yourself in a position that will require legal intervention for your tenant. I understand she is an "Angel" but there are other ways you can help her.

Rather than challenging your board and spending thousands for legal action, you can offer to pay her 1st months rent and security deposit. That might be a great incentive for her to put on PPE and allow a realtor into the unit to take a re pictures and list your Co-Op .

Awwhttps://www.habitatmag.com/Publication-Content/Co-op-Condo-Buyers/2020/2020-May/Uptick-in-Apartments-For-Sale-Offers-Market-Ray-of-Hope

To be blunt, it makes no difference what your tenant wants. She has no standing in any of this, and worse, she's putting up roadblocks that will make your and your husband's life much more miserable. The two of you can agree all you want. I don't see it swaying your board.

As far as what *you* want, you made it clear in your original posting that the board will not extend your lease and they have no reason to reconsider. So either you can start planning for the future by making sure your tenant vacates when the existing lease expires, or you can wake up the day after in a big heap 'o problems.

If magical thinking worked, coronavirus would be gone by now. Like a miracle.

I am sorry for your troubles Maria,

Seems as if your tenant is being very combative and doesn't care that she will be causing you a lot of trouble and grief and possibly the loss of your co-op once she does leaves.

Good luck with whichever recourse you decide to take.

https://ny.curbed.com/2020/4/2/21204328/nyc-real-estate-coronavirus-home-showing


https://www.habitatmag.com/Publication-Content/Co-op-Condo-Buyers/2020/2020-April/Yes-Remote-Closings-Are-Possible.-Here-s-How

Hello Maria,

Now I am confused... While I am totally sympathetic to your situation, there isn't much you can do except end up going to war with your Co-Op board.

Your tenant will eventually be gone and you will be left with an empty co-op, monthly maintenance and attorney fees.

Maria, you can stand your ground but a lease is a legally enforceable agreement and there are emotional and financial consequences that you will be facing for your actions.

Is your tenant a family member or the actual owner?

I just can't understand how you can put yourself in a position that will require legal intervention for your tenant. I understand she is an "Angel" but there are other ways you can help her.

Rather than challenging your board and spending thousands for legal action, you can offer to pay her 1st months rent and security deposit. That might be a great incentive for her to put on PPE and allow a realtor into the unit to take a re pictures and list your Co-Op .

Awwhttps://www.habitatmag.com/Publication-Content/Co-op-Condo-Buyers/2020/2020-May/Uptick-in-Apartments-For-Sale-Offers-Market-Ray-of-Hope

https://www.habitatmag.com/Publication-Content/Co-op-Condo-Buyers/2020/2020-May/Uptick-in-Apartments-For-Sale-Offers-Market-Ray-of-Hope

Hope this helps.

https://www.habitatmag.com/Archive2/355-May-2018/The-Mystery-of-the-Missing-Abatement

I would contact your NYC Council person and ask them to contact the DOF on your behalf. They'll want all the information you've provided here.

I had some success with this method, so give it a try and good luck.

Thank you for the article and Marty, thank you. I am now in the process of writing out a letter with documents to my city council.

Hi. By way of disclosure, I am a board member, and my response is from a board member's perspective.

I completely understand your angst because I encounter it with my shareholders. Please try to understand that the rules limiting sublet durations are not enacted by simple majority votes of the board, but are most likely enshrined in your proprietary lease. Overriding a clause in the proprietary lease would be like overriding a clause in the Constitution. It takes much more than a simple majority.

Then there is the issue of precedent. Even if the board *were* able to vote to change the term limit, making an exception for you would leave them wide open to having to make exceptions for anyone who asked. No board wants to be in that precarious position or give up that much governing authority.

I'm sure your tenant is a perfectly wonderful individual, but as often the case, one person's angel is another's devil. That's the reason documents like the Constitution and Proprietary Lease exist - to remove subjective influences from the need for objective decisions.

There really is no one individual or department you can contact. Almost all board decisions, especially those that are backed by the governing documents, are fully protected by a concept known as the Business Judgment Rule (BJR). The BJR states that any reasonable decision made in good faith by a co-op BOD is assumed to be in compliance with a board's fiduciary obligation and cannot be challenged. Enforcing a three year sublet limit clearly falls within that definition.

I assume your tenant knew about the hard three year limit when she signed the lease, and the expiration is not coming as a surprise. Co-op boards are bound by their governing documents, and as much as I am sure your board would like to accommodate your request, they do not have any flexibility. Your board does not sound heartless in the least, but simply acting in the way all conscientious directors are supposed to.

Marty, PC#1, and some of the other regular contributors may have other thoughts and ideas about this, so it may not be over. You have a very uphill battle, and I would recommend your tenant assume she will have to vacate in August.

--- Steve

I am a board member like Steven 424. I am in complete agreement with Steven's detailed explanation and rationale.

We feel for shareholders in these situations, but our legal obligations give us no leeway.

I'm sorry for your troubles, but the 3 year sublet must be honored.

I agree with Steven424 & Marty. But there is a very deadly virus and people can not move around as if things are normal. Have your sublet start looking around and maybe get an agent. She has 4 months to find something. Best of luck you are one of the lucky people to have a gem of a renter. Stay safe.

Hi, actually my tenant is an Angel. She is clean, quiet, does not have parties and works all the time........ask the superintendant. I totally agree with you with the bylaws, But we are in the middle of a crisis.....this month is the month my tenant and I would be looking for an apartment or buyer. Have you heard...realtors can not do showings. Public health experts urge everyone to stop doing all but essential outside tasks in order to flatten the curve of infections. My husband and I are afraid to go outside!!!!!!. It doesn't have to be a year renewal...it could be 6 months.............STATE laws have been suspended and put on hold to assist the state in disaster. I think a Board of a coop could do the same. A month to month lease is insane.........COVD-19 is out there for a while......You board members think your God.....You can deviate from rules because of the COVD-19. My husband and I are in our 60's...........if this happened to you.......I think you would think differently.......Also.......the Board is not letting anyone in the building unless you live there.......so how can I do a showing or market the place? Governor Cuomo says "We should work together" I hope you don't think I'm shouting........I am just frustrated....my niece is a nurse and she has seen so many die in front of her........I'm just asking for a little more time ..............until me and my tenant feel comfortable going out. Shame on that President of that Board..............I think I might write to Gov. Cuomo....he says stay inside..........social distancing.......whenever possible

Sorry, I meant to write that Board member thinks she is God.........not you guys........I don't even know you. She has enforced other thinks at the building that owners or tenants disliked.....because she is old and crabby.

It's really just saying........We care and we want to help.........

I just want to add that in our coop, the Board changed the sublet rules several times over the years, whether length or reasons for sublets. By majority vote.
There were no governing documents preventing policy changes.

I fear that if I can't sell it during this pandemic, then i will be delinquent in paying my maintenance because of financial hardship. I have a bad feeling that the Management is trying to regain possession of the unit. When the pandemic begins to taper, I will be able to market it....but by then I won't be able to pay the maintenance bill of the coop which is $1,029.00 a month. Why won't they put a temporary halt on this bylaw or rule. I don't know how I will weather this storm. My husband is in his 60's and going to work, worrying about getting the virus. I'm at home worried about my husband and afraid to go out.......I feel like I am being cornered by the Coop Board and Management company and now I have this extra stress.

Hi Maria - We definitely hear you and feel deeply for the predicament you and your tenant are in. Co-op boards are not sovereign governmental bodies and do not have the... errr.... leeway the executive and legislative branches of government do.

Boards can be sued or worse if they knowingly violate the co-op governing documents. The fact we are all in a situation where accomodations are being made due to COVID-19, we may not have all the answers. Perhaps you and your tenant should consult with an attorney who specialized in co-op and real estate law. There may be some temporary allowances being made which benefit your tenant the attorney would know about.

Another remote possibility is to propose to the board that in August your tenant become a "tenant at will" which means there is no lease and they can be asked to leave with 30 days notice. At the very least your tenant would need to perform a very diligent search for a new place and keep detailed records to show she is at least trying to find a new place.

Ultimately your tenant can refuse to leave. This would put you in a very uncomfortable position of being in direct confrontation with your board. It can have all sorts of repercussions, up to and including the cancellation of your proprietary lease and you losing your apartment in an eviction proceeding (remote possibility). It's the nuclear option, and you must consult with an attorney before starting down that path. It might just buy you enough time to mount a challenge to the crabby old board member and get her voted out at the next election.

And in the spirit of full disclosure, I'm old (70 years) and can be pretty crabby (ask Connie S who went on a rant about her Asian neighbors) [chuckling]

Again, good luck!

Thank you so much for responding......but I can't do that to my tenant. She has always paid on time and is a teacher in her 30's who is very respectable to us. I don't think I would want to go the attorney way, because then when I sell......they (the Board ) will give me a hard time....you know .....they will delay the interview and application date. She is a real scrooge. She has done that already to people. When she became president the pool had to be closed at 7:00 instead of 9:00....and there's other stuff too...But getting back to the 3 yr subject if you hear of any TEMPORARY ALLOWANCE will you let me know? I would appreciate that. Do you know of any good coop attorneys on Long island............just in case I want to pick their brain.

Thanx again..........Stay safe and well!!!!

I fear that if I can't sell it during this pandemic, then i will be delinquent in paying my maintenance because of financial hardship. I have a bad feeling that the Management is trying to regain possession of the unit. When the pandemic begins to taper, I will be able to market it....but by then I won't be able to pay the maintenance bill of the coop which is $1,029.00 a month. How can I have them put a temporary halt on this bylaw or rule. I don't know how I will weather this storm. My husband is in his 60's and going to work, worrying about getting the virus. I'm at home worried about my husband and afraid to go out.......I feel like I am being cornered by the Coop Board and Management company and now I have this extra stress.

Hi Maria - I'm confused about your relationship with your co-op. In your initial message, you said that you "own a coop on Long Island, NY." I assumed you are a shareholder in your co-op corporation and that you have a proprietary lease.

In your latest message you wrote, "I have a bad feeling that the Management is trying to regain possession of the unit." That implies you rent your unit either from a shareholder or a sponsor, and they are trying to evict you for some reason. Evicting a tenant, which is an arduous process, is much easier than evicting a shareholder, and makes no sense unless enough other shareholders feel you are a real nuisance (look up "Pullman Hearing" in Google).

Finally, you have your own tenant you are trying to protect. Many co-ops do not allow a shareholder's tenant to have their own tenant.

So I'm confused. :-)

A lot of shareholders wonder why a board can't just stop collecting maintenance during an emergency like coronavirus, or superstorm Sandy, or even Sept 11. When you think about it, shareholders are the *owners* of the co-op corporation. Cutting off the major source of income to the corporation (monthly maintenance) would make it impossible for the corporation to pay its mortgage, pay its real estate and other taxes, pay its staff, purchase supplies, make repairs, etc, etc. Your co-op corporation would very quickly go bankrupt, and your apartment, probably your largest asses, would become worthless. Not a pleasant prospect, and why withholding maintenance is counterproductive.

I am the treasurer of my building and I meet with shareholders in your situation, and much worse off. What I try to do is work out a partial reduction in maintenance during the emergency, and then a repayment plan once the situation stabilizes.

You say your husband still works and I assume receives a salary or other income, and you stay home. Did you also earn an income which you recently lost? Do you receive unemployment compensation, a form of income? You rent out your unit, which was the start of this thread. Where are you living now? If things got really bad, what prevents you from moving back into the unit you own once your tenant moves out? There are a lot of contradictory statements that make it difficult to offer any meaningful suggestions.

Finally, taking the totality of what you've written so far, I have to disagree that you are being "cornered" by your coop board and management company. Everyone is under additional stress these days. Some of my shareholders have *no* income and are living off of savings and retirement accounts. Besides wanting to provide for your angel of a tenant, which is admirable but possibly not doable, what else makes your situation so dire that you're thinking of writing to Gov Cuomo and other agencies?

Just wondering why thumbs down to these great responses? I think she's back! LOL

Yep..She's back!!!

who is back? ............The answers are great! I'm writing to Cuomo and the national coop board. "because in one of the board's letters to me they wrote " I understand you might be paying for an empty unit for a while, but it's out of our hands"........why would anyone find pleasure in someones hardship.

Hello Maria,

I agree with the others. Your co-op board can make things very difficult when you try to sell, if you challenge the proprietary lease.

Since your 3 year lease is valid until August, why don't you and your tenant work with the same realtor for your respective needs. You probably can negotiate a lower commission for your sale and your tenant's rental.

Then speak to your board and show them that you are both diligently trying, under these very difficult circumstances.

Rather than ask for a 6 month extension, would they take a month by month extension with a six month maximum if necessary, under consideration.