I doubt anyone would put an affirmative answer to you question in writing, even if anonymously in this forum. Also, you have no idea about the motives behind any answer you receive here, so you use them at your own risk.

Your best bet is to contact your Co-op attorney for guidence.

Good luck.

i would put a recorder that turns in when speech is detected, think it is called VOX or something, many of the cheap ones have them, including usb thumb drive types and pens, even the video recording pens that normally quit working , the vox recording will still work and you donet need to expose a baseball bat size pen.
If you have that with you ,or whoever is being shaken down,and you catch it on a digital medium, always keep the original digital medium, never copy off it and use it somewhere else. you can copy off of it , to save in the cloud and multiple places, but keep the sd card,labeled and locked,so it can't be recorder over by mistake..
If the person is lucky enough to get the shakedown request on audio , or audio /video if you use a more advanced unit for around $50.
Now you have the problem of what to do. Sanitation men tend to stick to gether, so it is not like a building inspector ,restaurant inspector. the best bet when inn a situation like that is have multiple camera videotaping everything around the property. It wasnt too many years ago that a sanitation worker got caught (due to video)breaking fluorescent tubes in front of a business under the EL , and then fined the owner . The good news is that infrared video cameras nowadays are cheap, 5 or more with DVR system for 500 or less at Costco, 10 cameras for under 1000, $750 sometimes. All infrared, always test the range of the infrared, lights in the area will make it work for a good distance. Costco you can return easy, and many system you can add-on cameras, and start with 5. It is good to have that protection anyhow, well hidden cameras, can dispute slip and fall clams, and easily pay for themselves. Using a motion sensitive device, that has been tested by the user, keeps the recording to movement activation only. With the media , the next step is to find out how ro use it. Lawyers advice would be a good idea at that point. You will need the cameras if the ir is retaliation, so good to look into it now, and overall they are good to have, IP cameras can also be monitored via a smartphone. I believe it is illegal for a sanitation worker to accept a gift, period. Sometimes they make a gift valued under $5 ok, but no yearly tips, and shakedowns push it into a criminal act ,as opposed to a workplace violation that could result in dismissal.

I think someone's been watching too much Law & Order and CSI.

Before spending any money on surreptitious recording equipment, video surveillance equipment, and criminal lawyers to help you fight whatever laws you might be breaking by doing all this recording, contact your board's attorney with these allegations. If they're good they will help you, and if they're great they will refer you to another attorney who specializes in these kinds of situations.

Rest assured that whoever you accuse of bribery will be doing the same.

i use the equipment all the time, i know the laws. If people would learn you rights , you have a much better chance with video evidence. I have recorded police many times, they didn't like it , they threatened , and they did nothing but huff and puff. If they acted like they were videotape all the time, we wold have less payouts on winning lawsuits. The use of video camera by citizen activist resulted in quite a few were overturned at the RNC in NYC, I forget the numbers but quite a few people lives were saved, as a bogus conviction would have meant goodbye job , market. he guy in times square who was attacked by a probationary officer and cited with felony charges was saved by a tourist recording of the incident , all charges wee dismissed , the cop was convicted of charges that carried a higher penalty then perjury. substantial. The bicycle received 2 million dollars from the city if NY, all by a video without that video the lying cop would have him still in jail. You are allowed to videotape or photo anyone while you are on public property or your property, common areas of your coop are your property. The girls maced or pepper sprayed my the white shirt officers will get a good settlement, all due to videotape. Too bad they do not make the police responsible for their illegal actions and make them pay, we pay because they break the laws. All smart bicyclist now ride with video and it has solved a couple hit and runs. I have been using a dash cam in my car for over 8 years. The one i have now has gps data and black box info. The next one i will by records front and rear.Cameras in my apartment tell me as soon as someone enters even if i was in Europe, and i will have a permanent video history in the cloud. I can even talk to them and hear them , $180, for the pan and tilt 2 way audio cameras. Locks are BS,, i can pick locks, but now they have bumping tools. I would much rather call the police and email the police a photo while they are still in the apartment.
The most important thing s you can always photo or video on public property. The bridges and tunnels stuff hasn't been tested in court yet, but even top cps know you can still take picture in the subway, but you will be stopped.
12 year old kids have taken out cops that were making multiple violations while questioning him. Due to the cops illegal questioning every arrest he made before becomes tainted.
i will stick with my cameras .

Before I or anyone else accepts the validity of your opinions, I have two really simple questions:
1) What lawschool did you graduate from?
2) In what states are you admitted to practice law?

I'm sure you should have no trouble responding to both.

While sanitation workers can be "forward" when it come to holiday tips ( I had one that always stopped by at holiday season to remind us so). I took his name and badge number and reported him to his supervisor and he never came by again.

As regarding violations, the city goes into blitz mode when it needs money and agents write tickets as do police, traffic wardens etc. Just be extra careful and vigilant when you are putting items out for collection. Proveing that you are being singled out can be difficult. I would keep a log of such events, when you received a summons, why? did the other buildings on your block get fines etc?

Hope this was helpful,
MRM

It sounds like you've a got a board that isn't taking care of its fiduciary responsibility, one of the biggest of which is care and maintenance of the building itself. This sounds like the kind of board that only responds to lawyers and subpoenas. I'm sure there are housing advocates and similar agencies, which you can find online, who might help you at no cost. If you are a senior, there's a city agency that will help you.

This kind of behavior by a board is intolerable: You don't say "he said she said" and then refuse to consider surveillance-video documentation. I'm also curious why this board doesn't ask the managing agent who witnessed the exchange his view of what happened.

Needless to say, no super ever has ANY rationale to yell at a resident, and no one has any right to make vicious mental-health claims.

Please follow this link:

http://www.courts.state.ny.us/courts/nyc/housing/services.shtml

especially the sections describing the Help Centers and Volunteer Lawyers Project.

The legal system views your relationship with the board as that of a tenant to a landlord. As is the case with any living situation where a lease is involved, the landlord has certain legal obligations, one of which is the warrant of habitability.

Although I have no first hand experience with the NYC Housing Part, my understanding is that they are very pro tenant. In other words, it's not a place a board wants to have to defend itself for failing to ensure that water does not leak into your apartment.

Why don't you read about the court, go down and talk to someone there, then sue the b******s?

Hi,
It is critical that you pay it down. If you building is of any age, then the mortgage serves as a capital well for capital repairs and improvements. As we have seen, building values do not always rise. And the building components will wear out - even recently replaced ones. If you don’t pay down the mortgage, then you risk not having enough surplus value from which to borrow should you need to in a downturn in the economy. And don’t forget inflation and new regulations – capital repairs will nearly always cost more in the future then now.

Even more challenging is the need to raise reserves while paying down the mortgage. New regulations by Freddie and Fannie mean that they may not guarantee unit mortgages to prospective buyers if you fail to place 10% of your maintenance into reserves.

I would go for the low rate loan. Use some of the savings on the interest rate to increase reserves. You might even save up enough to pay off a portion of the remaining balance after the 10 year period is up.

Good luck!
.

I've got a similarly small mortgage for our coop corp to refi in few years. My question is who did you get two proposals from and what conditions/terms do the proposals have regarding your ability to prepay them before maturity (and costs associated). if the prepay terms differ alot that could be a big factor in my decision.

Who did your proposals come from? I've got a similar situation in a few years. Also do the proposals have the same call protection?

thanks

You don't say what you're currently paying monthly on your existing mortgage. For 580,000 @ 4.5%, you would have a $6000 monthly payment to pay it off in 10 years. Mortgage rates are low, I would lock in the low rates for either 10 or 15 year full amortization. Mortgage payments, property taxes, fuel and salaries are the big budget items. Can't do much about the other 3 in a significant way. This becomes a selling point to buyers as well, a reduction in monthly carrying charges, even if it is 10 years away.
Re: the Fannie Mae 10% maintenance reserves, I think that only applies to condo's.

We have heard this from a number of buildings. We would like to do a story on this issue. Can you give me a call at 212-505-2030?

Depending on your building, you may have the option of installing a back-flow preventer or a double check valve. The distinction is whether or not your building has any hazardous usage, such as a dry cleaner or dentist in occupancy. The double check valve might offer better water pressure. It should be simple enough to check your existing pressure with an inexpensive pressure gauge you could attach to a hose fitting in the basement. Your incoming water main has an effect on pressure too, and the water meter can also reduce pressure. We have a 2" main, the city installed a new electronic water meter with piping under 1.8", reducing pressure. Had to be swapped out for a full 2" version.
Either the backflow preventer or the double check valve also require annual inspections which need to be filed with the city.

usually the board leaves that to the managing company, but if the new super is not working out you need to act to remove him/her before their probationary period is up, documentation is extremely important, but so is knowing the contract, other wise it may look like tour trying to micromanage. regardless of what the management company says. If they bring in a bum, that says a lot about the managing company. It happened to us, luckily i had union experience and my complaint/charge was the only one that stuck, the rest were denied at arbitration. This was when it was much harder to document, before digital cameras, early 90's. The new super that replaced him, has become like family to the building. .

Appreciate the advice

Typically, the Board will ask us to place the ad out or reach out to our connections for a few candidates that are first vetted by our management firm. Once we have a few candidates that we feel have all the required specifications and skills needed and will work nicely with the building and the Board, the Board likes to do final interviews.

At the end of the day, the Superintendent becomes a part of the community and most of the time the Management company does not live in the building. It is a great idea for those who are elected and who live in the community to do the final interview and make that final decision.

Mark is pretty much on the money with his response. Typicall the management company screen the candidates and the board decides. That is typically the norm.
I also am aware of situations where the management companies have steered the board towards candidates (whom they may know are looking to move, and may have managed another property very well for the mgt company) and in other cases board members may know personally of supers that are looking.

Hope this helps, MRM

Does anyone have a comment or advise on the matter?
It would be appreciated.

Hi Jacqueline,

The first thing your board should do is speak to your board attorney and ask these questions of her/him. The answers may be in your offering plan or other Co-op documents, but these are pretty hefty tomes and you would benefit from professional interpretation.

By "board attorney" I mean an attorney who is retained and paid by the *board*, and not by the Sponsor. If you go to the Sponsor's attorney, you will receive answers favorable to the Sponsor.

If your board has not yet formed a relation with an attorney (independent of any Sponsor or MA involvement), that should be your first order of business. Contact the Council of NYC Cooperatives or go on their website for a list of attorneys who specialize in Co-op and Condo law. Do not use Uncle Fred or the lawyer who handled your negligence case. You need someone who if very well versed in Co-op law.

Thank you, Steven this was very helpful.

The coop is responsible for a very limited amount of repairs within an apartment. Generally, the windows, entrance door/bottom lock and plumbing within the walls are a coop's responsibility. Everything else is the responsibility of the unit owner, which would include the sponsor unsold shares. Check your proprietary lease for specifics.

Hi Gloria,

While I am not a lawyer (I'll defer to them), I believe that anyone can begin to sue anyone. The question is will the courts let the lawsuit continue.

As a Board Member and in conjunction with my homeowner's policy, I carry $1 million personal liability coverage for a nominal annual cost (State Farm). This is just in case some crackpot decided to file a misguided lawsuit.

I would definitely contact your personal insurance agent to see if you have coverage and whether you should file a notice of claim. If you don't have coverage, you may wish to find out how much that coverage might cost in case this happens in the future.

Please also contact the co-op or condo corporation's insurance agent to see if you claim might be covered under that policy too (typically D&O coverage).

Don't wait until the court appearance to contact the insurance agent(s) - communicate as soon as you receive court papers. Sometimes the insurance companies' lawyers can assist in the defense against the claim (this lowers their claim risk).

Good luck!

Thank you for your advice. I appreciate your response.I do have a million dollar coverage, but I understand a person can sue you privately without the Board coverage. I called a RE lawyer yesterday and waiting formhis response.

Hi Gloria,

There happens to be a very good article in this month's Habitat Magazine that is right on point concerning your question.

http://www.habitatmag.com/Publication-Content/2012/2012-October/Featured-Articles/Board-Members-Liable-in-a-Lawsuit#.UGw-3FFP8W8

While the attorney you contacted will be your most authoritative resource, this article will give you a good understanding of the basics of board member liability.

Good luck with your case!