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Sketchy Succession at Mitchell Lama - Board Member Jan 10, 2023

I'm a long term member of a board of a Mitchell Lama Co-op. I've recently discovered that another long time member of the board is setting the stage for her granddaughter to "succeed" to the board member's very elderly friend's apartment. The granddaughter is in her 20's and grew up in the building, as her parents also have an apartment in the building, but she definitely does not live in the building now, and hasn't since she went away for college. However, the board member has arranged for her granddaughter to be listed on the income affidavit of her elderly friend's apartment, clearly setting her up to succeed to the friend's apartment. I have brought up the issue with our property manager and other board members, but nobody wants to do anything about it because the board member is a well-liked long-term member of the board. I think it's totally unfair to the people on the waiting list if the granddaughter is allowed to jump them all and is given a Mitchell Lama apartment that she never lived in, just because her grandmother is a board member. Is there anything I can do, either now or when the granddaughter's succession claim is made, to prevent her from getting the board member's elderly friend's apartment?

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NYC DOF Tax Abatement Program - mr.gardenz Jan 09, 2023

If a new shareholder has closed before December 31 of a year and the apartment purchased was owned by a shareholder who has been receiving the Tax Abatement - passed thru as a credit to maintenance fees, is the new shareholder entitled to the Tax Abatement when next passed thru to eligible shareholders in the following year?

I know that if the previous shareholder was NOT eligible, the new shareholder will NOT receive any Tax Abatement passed on in the first year after closing.

Please advise on NYC DOF policy.

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My understanding is that in order for a new shareholder to receive the abatement, they must first reside in the co-op for one full yearly cycle of Jan 1 through December 31. (Though I am not 100% sure about Jan 1. It might be Jan 5 through Dec 31).

Assuming it's Jan 1...If they closed on Dec 31, 2022, they will have met the Jan 1 through Dec 31 in 2023, so they'd be eligible for the abatement in 2024.

If they closed on Jan 12, 2023, then they will only meet the full 1 year residency in 2024, so they wouldn't be eligible to receive the abatement until 2025.

Steven 424 or any of the knowledgable people on this website - Please correct me if I'm mistaken about the dates.

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I believe eligibility for the abatement is based simply on your status on the recording date. January 5th sounds very familiar.

Marty and I disagree on this so you should do further research Ask your MA, and I think the DoF website has information that might answer your question.

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Steven424 - Here is the info from the NYC DOF website. Maybe you and others reading this can review it and see how you interpret it.

https://www.nyc.gov/site/finance/benefits/landlords-coop-condo.page

In the REQUIREMENTS section, it states, "You must have purchased the unit on or before January 5 to qualify for the abatement for the upcoming tax year. If the unit was purchased after January 5, you can apply for the next tax year."

I don't think the recording date comes into play but I could be mistaken.

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If a new shareholder has closed after Jan 5 of calendar year n, the prior owner's name will be listed for that apt and its shares on the Co-op Tax Benefits Report of fiscal year n/n+1. The dollar amount of the benefit, which a co-op typically distributes or credits no later than June of year n+1, is a benefit to the apt unit - not a person - per the instructions on the first page of the Co-op Tax Benefits Report.

The new shareholder of that unit refers to their sales contract and contract riders to determine whether and how they are responsible to apportion to the seller any of the property tax benefit received from the co-op. The sales contract may state the amount to be apportioned is first reduced by any assessment amount.

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Flip Tax - Sandra Maxwell Jan 06, 2023

The flip Tax is decided by the board only, or are the shareholders involved in a vote for that also? Is the board legit, if we haven't had an annual meeting since Nov. 2019? The board and mgmt agreed to take half of 2021 and 2022 assessments, 5% increase in 2020, 8% increase in 2021, and $14.41 per share (I have 563 shares) in 2022 for three(3) years for capital improvements. Mind you the annual increases were because the previous mgmt did not pay our vendors. The board say it's not criminal! What is it? Which by the way NO work (capital Improvements) have started in the bldg. We just received our 2021 financials Nov. 2022. We are scheduled to have a try at another annual meeting Jan. 11, but I fear if the board & mgmt can not answer the shareholders questions again nothing will get done, like no elections again! there is no communication between the board/mgmt & shareholders. Desperate, open for suggestions.! I am running to be on the Board if the votes go through.

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You've rolled several questions into one post. Ordinarily, a change to the flip tax requires the approval of a supermajority of shareholders. It's possible, however, that your governing documents give that power to the board. You'd have to check.

Failure to pay your vendors is not "criminal," but it's bad behavior that could lead to legal claims by the vendors. It could also make it harder to engage vendors/contractors in the future.

Almost all co-op by-laws require an annual meeting of shareholders, along with a board election. You may need to engage a lawyer to force a meeting. That would be an expensive proposition on your own; see if you can get other shareholders involved.

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Couldn’t the shareholders vote for a “special meeting” and really for an election?

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Yes, provided there is the appropriate language in your co-op bylaws. Generally, that's how it's done, but some customized or amended bylaws may contain non-standard language so there is no definite "yes" or "no" answer.

After your review of your by-laws but before you take any unilateral action, I *strongly* advise you (as Carl Tait did) to solicit the support of other shareholders. This group could also form the basis of a slate of opposition board members who run against your current board at the next election.

Good luck!

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Legality of decisions made by illegitimate board member(s) and president - SI Board Member Jan 01, 2023

I was recently elected to my condo's board. Our by-laws state "All members of the Board of Managers shall be owners or mortgagees of units, or, in the case of partnership owners or mortgagees, shall be members or employees of such partnership, or in the case of corporate owners or mortgagees, shall be officers, directors, stockholders or employees of such corporations, or in the case of fiduciary owners or mortgagees shall be the fiduciaries or officers or employees of such fiduciaries.".

It has come to my attention that the current board president is not listed on the deed of a unit in the building. The deed is in her husband's name... and neither of them live in the unit. Also, there was another member on the board, that recently left the board, that was not listed on a unit's deed.

Are decisions made by this board, and contracts signed by the illegitimate president, legally binding?

Thank You

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You're asking questions of a fairly complex legal nature, which can have serious ramifications, as you pointed out. My advise is to bring this situation to the attention of the Co-op's attorney as soon as you can. There may already be board decisions in the records that are affected by the apparent invalid composition of your board.

In a situation like this the only person who should be advising you is your Board attorney.

Good luck!

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High Maintenance Fee in Brooklyn Coop! - Maximus01 Dec 29, 2022

Happy Holidays!

Currently, I live in Concord Village, located in Cadman Plaza (a couple blocks from Downtown Brooklyn, Brooklyn Heights, and Dumbo) and parallel/adjacent to the Brooklyn Bridge.

As a fairly new shareholder, it would be greatly appreciated if anyone can please provide some insight as to (possibly) why the maintenance fee may be increasing so rapidly. Certainly, before purchasing the co-op, I did inquire about the maintenance fee increase percentages and I was advised the increase is typically 3-5% annually. And this is reasonable.

However, this is not the reality. Within the span of 3 years, my maintenance has increased (nearly 30%, collectively). I've yet to see and experience the value of these increases.

Board has advised the driving force is the increasing property taxes, and perhaps it's partially true. Regardless, seems very sketchy & sus. In Concord Village, there are 7 complexes with over 1,000+ units, collectively (comprised of studios, 1 bds, & 2 bds). Imagine when all the maintenance fees are accumulated.

And to add, Concord village owns an adjacent parking space, which, indeed, generates some revenue as there are start up companies nearby (e.g Etsy), the Supreme Court, USPS, Charter School, etc. They separately charge shareholders for parking, storage, gym, etc. So there are other sources of revenue generating options.

Maintenance does include a reserved fund (instead of a separate assessment), which have yet to be put into use in the common areas. Still looks outdated from the 80s/90s, with water stains on the ceilings & floral wall-papers, peeling at the edges/corners.

I understand high maintenance can be driven by land-lease, but that is not an issue at Concord Village.

On a legal standpoint, I understand the Board can increase the maintenance fees as they please. But are there any NYC laws/bills that would protect the shareholders? Although maintenance fees within the same building may differ, do all shareholders receive the same increased rate? Any feedback would be appreciated.

Lastly, if there are any shareholders who are selling your unit (with a high maintenance fee), how are you or how would you maneuver this topic if/when you come across potential buyers, requesting to see the last 5 years of maintenance fees?

Thank you sincerely for taking the time to read this! Any feedback and insight would be helpful and sincerely appreciated.

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All s/h receive the same percentage maintenance increase. Since different apartments have different amounts of shares, not everyone will pay the same dollar amount for their maintenance increase. So, if the Board votes a 5% increase, everyone's maintenance will increase by 5%.

The Board is elected to represent the s/h and run the co-op. This includes the right to raise maintenance if they think that's the right financial decision. The Board has strict ethical and fIduciary responsibilities that is supposed to keep them in check. If enough s/h disagree with the way the Board runs things, then other s/h have a right to voice their opinion about the way things are run. They also have the right to run for the Board and get involved in running the co-op.

You're right that real estate taxes have skyrocketed, but so has the price of everything in the past few years due to inflation. Everything costs more, including the prices charged by your plumber, electrician, contractor, etc. Co-ops are also navigating the climate change/carbon emission laws enacted by NYC. That may very well also increase expenses to the co-op.

It's possible that the co-op had some large expenses (roof, elevator) they incurred before you moved in, so they may still be paying those off.

It's important for all s/h, especially new s/h like yourself to look at the big financial picture and not just what's happened in the past year or two. I always felt that you need to look at a 10 year period to review the co-op's expenses and revenues to get a more complete picture of the co-op's financial situation.

As far as potential new buyers requesting to see the last 5 years of maintenance fees, it's important that they also see the last 5 years of financials - to give them a complete and accurate picture of the co-op's finances. There may have been boiler and heating upgrades that the co-op made. These might have cost lots of money now, but will pay off in the long run.

Remember that the Board is responsible for making short term and long term decisions on behalf of the s/h in the co-op. You can also ask Board members why they raised the maintenance fees? Communication is very important, so don't be afraid to ask the Board directly if you have any questions. It's always better to ask the Board than to listen to fellow s/h, who may not have all of the information that the Board has.

Good luck.

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NYC property tax bills are available on the public portal: https://a836-pts-access.nyc.gov/care/forms/htmlframe.aspx?mode=content/home.htm.
Concord Village's BBL is 3 (Borough), 86 (Block), 11 (Lot).
The November 2020 quarterly tax payment was $926,173.00 and the November 2022 quarterly tax payment was $1,293,372.22. This is a an almost 40% increase.
Co-ops and condos have been lobbying for a separate tax class as we are currently in the tax class with market rate rental buildings.

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How can one add to the lobbying effort

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Larry - for starters try accessing the Counsel of NYC Coops & Condos website. https://www.cnyc.com/ CNYCC is one of the largest Co-op and Condo advocacy groups in NYC and can probably point you in the best direction

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Mediations - Wendy Dec 17, 2022

Can a board run a mediation between shareholders?

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Wendy - I'm not a co-op lawyer, but I am a commercial litigator with decades of experience and have served on three co-op boards. Mediation is generally conducted by a trained mediator who can professionally evaluate the strengths and weaknesses of each side's position and guide them to a voluntary resolution. Board members would not ordinarily have that expertise. But even if they did, they are likely to be perceived as having conflicts of interest by one side or another. If the dispute involves one or both shareholders violating house rules or the proprietary lease, then the Board's role is to police and enforce the rules. If it is a dispute that does not involve violation of the rules, then the board should stay out of it. But of course, a dispute that disturbs neighbors likely violates the rules.

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Want out of my coop - Wendy Dec 17, 2022

Is there any way I can break the two year sale rule and vacate the apt of my coop? The noise issue I have is ongoing and I need to get out of there.

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Board gave Mang full authority - Gerard Dec 05, 2022

Our Board has given the Mang Co full control of the building. If you are on the board this is great - but for the rest of the Coop - good luck!

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When you say "full control" could you describe what this includes? There are some aspects of co-op operations the MA should have control over.

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I am at my wits end. I have submitted noise complaints, logged dozens of 311 calls, and complained to management since I moved into the coop. A neighbor above me makes an obscene amount of noise for hours in end. The board did nothing until this month where one board member organized a mediation. It was unsuccessful. The burden was on me to prove the noise complaint was valid! It was a disaster and the shareholder continues the noise and managed to deflect in the meeting, appeal to emotions and use ghastlighting. The board states that they can do nothing more at this point , which now emboldens the shareholder. What recourse do I have? Also can the board run a mediation??? Or was this basically invalid? Does anyone know how I can record the noise for future use in court? Phones do not work. Please advise. This is a nightmare. The shareholder even sent another shasrrhikder to my door to intimidate me. The board did nothing.

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Wendy - You're not going to like my answer, but from the situation you describe you are probably going to have to hire an attorney.

There are laws and regulations on your side (see "warranty of habitability" for one) but they can be a legal nightmare if you try to navigate them yourself.

If you haven't already done so, start keeping a log (date/time/duration) of each excessive noise incident. There are programs for smartphones that are very good at recording ambient noise. There are also smartphone programs that measure and record noise levels. The one I use on Android is "Sound Meter - Decibel" by Melon Soft.

Put everything in writing you send to the board, the MA, and your upstairs owner. Keep track of every 311 call, especially the tracking number. 311 has a web portal at "portal.311.nyc.gov". Create an account. All your interactions with 311 should then be available online.

But from the non-cooperation and complete disregard for your comfort and well-being, it sounds like at some point you will have to hire a lawyer if you want to stay in the building.

I wish you the best of luck,
--- Steve

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Run for the Board and also mention this at the Annual meeting. Contact the President of the Management company about the noise issue if your day to day rep can’t handle it. Also don’t you have house rules regarding noise and if not then it needs to be added.

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I live in Mitchell-Lama apartment. It is same situation. President of the board take one side, and ignore and punishment others, witch is serious violation. By roles and regulations 80% of floor must to be covered by carpet, but president and board ignore this. What to do, my neighbor ask.

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VIBE MANAGEMENT ADVICE FOR RENOVATION - Daniel S Dec 02, 2022

Hi, is there a resource that gives advice for trends in vibe management for renovations/upgrades to condos? I'm looking to get advice on what kind of tech we should be incorporating in the walls/ceilings, etc. And also, really curious of people's experience and data on if music is a good idea. Any resources about this stuff? THANKS!

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There are a number of different factors that are assessed in a good vibration management analysis. Which particular type of acoustic anomaly are you concerned about in your renovation/upgrades?

You'll need to consider the transmissibility of vibrations through acoustic materials, the second and third harmonic distortions over a section of undamped wall, the duration and amplitude of each vibration component, etc. This is just the beginning for a rigorous analysis if you are concerned about transonic energy causing any damage or outright destruction to the underlying surfaces.

Please provide a little more detail so we can help.

--- Steve

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The insurance for our coop bldg just skyrocketed - DM Dec 01, 2022

Anyone else? We are in Manhattan.

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Yeah, we've been warned of the same increases when our policies renew. We're in Brooklyn. In addition, there are also non-premium changes coming such as the requirement for the board to submit to the underwriter a copy of the alteration agreement and contractor's insurance policy to make sure there aren't any "worker injury" exclusions.

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