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salary for a NON-union super - anonymous Dec 21, 2011

This is a question for someone on their coop board, who sees the books.

Can you please share with me what you pay your NON-UNION super, who also has a free (2-BR) apt. in the building? We also have a non-union "porter" who handles the daily sweeping, mopping, and trash collection, so these are not tasks that the super typically does.

Thank you so much.

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our condo building has the exact same arrangement like you described above with the super. He gets a salary of $35000/year and the 'porter' is covered under the Super's insurance (the super owns a construction company). But I'm actually looking into the IRS rules to see if this is a tax evation meneuver by the super because the '2-bed' free room is a barter. The super should be paying the tax on the market rent of the room if he only performs ad-hoc repair work (i.e. not at the full capacity of a super). This arrangement is actually illegal because he also gets to deduct the porter's salary from his contruction company, as the porter is basically a sub-contractor to the super.

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our condo building has the exact same arrangement like you described above with the super. He gets a salary of $35000/year and the 'porter' is covered under the Super's insurance (the super owns a construction company). But I'm actually looking into the IRS rules to see if this is a tax evation meneuver by the super because the '2-bed' free room is a barter. The super should be paying the tax on the market rent of the room if he only performs ad-hoc repair work (i.e. not at the full capacity of a super). This arrangement is actually illegal because he also gets to deduct the porter's salary from his contruction company, as the porter is basically a sub-contractor to the super.

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The salery varies depending on the size of a building and the experience one has. There is nothing free about the super apartment, because you are required by law to have a live in super who is qualified and licensed to operate the buildings equipment, and not to mention, it is the super who receives the emergency calls after hours and also cleans the snow in the winter time.

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How to control the board? - Robert Miller Dec 21, 2011

Where can I direct any complaint about a possibility of committing a crime by the board or the management company?
Are there any institutions controlling the action of the board or the management company?
What can we do when we see that something is wrong?

Any ideas?

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Contact Eric T. Schneiderman. He's the Attorney General for New York State.

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Unfortunately, Alvin's answer is incorrect. The Attorney General will only handle disputes involving the sponsor. Once the sponsor is no longer in control, the only legal way is through the court system. This is expensive and time consuming. I am working with several groups to get an "Ombudsman Bill" passed which would give co op and condo owners a government agency the ability to hear non sponsor major complaints. We need owners to get on board by discussing this bill and putting pressure on your State elected officials to back this most important bill. It was introduced in the Senate by Liz Krueger.The more owners we get to push this the more likely we can get it passed. We need everyone to make this a priority if there is any hope of getting the State to help us. Contack Senator Krueger's office in Manhatten for more information.

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Management rate increase - na Dec 21, 2011

what's a typical annual rate increase for a management firm?

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Typical is 3 - 5%

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super does renovations - MK Dec 20, 2011

I was told that I did not need board approval for renovations if the super did the job. I was going to use him, but he screwed up some real simple things so I looked into it more. Its a good thing I did, he is not licensed to to do the plumbing and electrical work involved. Yet board members have told me that he is allowed to do the work. I called the village and he is in fact not allowed to do this work. The management told me I could submit claims to my insurance if anything he did was not correct. It sounded fishy to me but I called anyhow. Any saving I would have gained by using the super would have been lost on the resulting lawsuits. He gave me a price of $2500 for labor alone, I paid a licensed professional $7500 for labor alone. He changed the sink for someone on the first floor which resulted in me not having water for 3 days.Cutting to the chase I informed management that I wanted a cease and desist letter sent to the super. I am now public enemy number one because people in the building like him. I get nasty notes on a board directed at me and the individual on top of me has taken to some very creative sound effects. I have also had the police and fire department called on me, my car damaged and my mail tampered with. I want out but I have not even been here 2 years and feel I need to sue them for the harassment I have experienced.
My bathroom came out great and it is fully functional unlike other bathrooms which the super has renovated. One of the major flaws in his bathroom renovations is the tubs don't hold water so he gives them a plastic plug. But I just sank over 10,000 into my bathroom and if i had known I would be leaving so quickly I would have purchased less expensive
fixtures.

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What surprises me is that the Board is allowing the Super to do any renovations. If anything goes wrong, the Coop/Condo will be responsible jeopardizing their insurance and/or finances.
GB

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What surprises me is that the Board is allowing the Super to do any renovations. If anything goes wrong, the Coop/Condo will be responsible jeopardizing their insurance and/or finances.
GB

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Where is your building located? You need to call 311 every time you see an illegal activity by the Superintendent (including plumbing and electricity.)
This will help save your building. You cna do it anonymously.

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This happened in my building as well. all the board managers were super chummy with the super, who happens to own a construction company. In return, the super gives them good rates and the board managers all skipped the renovation paperwork. But closely into your by-laws. Renovation without board approval is a violation of the by-law; it doesn't matter who performed the renovation. If you are told otherwise, then your board is acting in bad faith. I would sue the board if I were you.

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Holiday gifts for Management Co. - LIDiva Dec 19, 2011

Do any boards give their Management companies a holiday gift or gift basket? If so, what is your spending limit?

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shouldn't it be the other way around ?
we have a bonus for the managing agent.

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You are not obligated to give them bonuses. They have their own budget from where they bonus their employes.

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Hi...we give our primary contact at the management company a gift...he does most of the work for us...and that gift is money.

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How much would be appropriate to give the managing agent of a luxury building ?

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Oil to Gas Conversion Costs - Eric Michaels Dec 19, 2011

125 Unit Building w/ #6 Oil as primary fuel and Dual Fuel Burners

71,300 gallons of #6 @ $2.40 per gallon = $171,120.00
71,300 gallons of #6 = 99,820 therms of gas
99,820 therms of gas @ $1.20 per therm = $119,784.00

Difference between #6 oil and natural gas = $51,336.00

Cost of #6 oil to gas conversion project: $34,485.00
Payback: Less than 1 year based on savings resulting from conversion.

There is no reason NOT to explore alternative options to paying for this type of project when the savings are so real and concrete. This is why reducing the cost of a conversion project through the energy savings when arranged by a 3rd party needs to be strongly considered....it makes no sense unless there is absolutely no other way to get it done.

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Someone on a very intelligent coop board in the upper west 90's recently told me that, after much research, they decided a dual burner was the way to go.

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A dual fuel burner is the smartest choice when looking to ensure the value of the investment. Having dual fuel capacity allows for options...obviously having one or the other doesnt. Having dual fuel burning capacity still allows the use of one fuel; such as gas on a firm rate.

Too often boards and mangement companies are hesitant to accept gas, when available on a firm rate....they feel they are "locked in" with no options. If firm rate is available and eliminates any construction costs associated with a #6 to gas conversion project TAKE IT! If you opt for a TC rate when Firm is available you sacrifice all entitlements and are NOT eligible for any incentive/rebate programs from either utility company or NYSERDA. Take the gas on a Firm Rate, purchase if necessary a dual fuel burner and reap the benefits.

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Sublease rules - steve Dec 19, 2011

I am wondering what would sustain or increase the values of a cooperative better.

If the by-laws allowed:
a) After owning for 1 year you can sublease for 5 years out of a 6 year period.
b) After owning for 1year you can sublease indefinitely.

The variables that I feel come in to play are as follows:
a) Currently there are more apartments then usual on the market, this can help decrease the supply, helping to sustain perhaps increase values.
b) There is a flip tax that is received on the sale of an apartment. However if the shareholder starts to sublease instead the potential revenue will not be the same.
c) Subtenants may not care for the property and community the same as an owner will.

Thank you for your thoughts.

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I think if you allow subleasing indefinitely the bldg will attract a whole different kind of buyer; investment buyers. Your bldg will turn into a rental type bldg but you will be able to sell more apts. So it depends on the goal of the coop. Do you want predominantly owners or a more transient constituency.

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non-owner as board president - henriquetta Dec 18, 2011

Is it legit to have a nonowner of our condo building serve as president of our condo association board?

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our co-op by laws say that a non-owner can not serve as president.

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Depends on your bylaws and other governing documents. In my coop, the sponsor still hold 3 of 7 board seats, none of which is filled by a resident or owner. In the past, we have had the spouse of an owner elected to the board and served as president.

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Roomate Law - RW Dec 17, 2011

Here is my situ....I have a family friend who has a co-op and they are inviting me to stay rent free for a year or until I feel my savings is good. Do they need to do a board package on me? Do I need to get approved by the board? I won't be paying rent since they are family friends. If someone can help me thanks.

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depends on the coop's house rules. In our coop a roommate requires board approval and that requires a package. All you can do is remind your family friend that his coop might have some kind of roommate rule.

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Dear North Fork Investor, I wonder why you are promoting what might be misinformation?

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n today's tight housing market one way to make your income meet the rent is to have a roommate. While this can be an excellent way to find (and keep) affordable housing, here are some things you should know:

If you are the only person who has signed the lease, in addition to your immediate family, state law allows you to have one roommate (i.e. an occupant of the apartment who has not signed the lease). Your roommate's dependent children are also permitted. Any lease provisions disallowing a roommate (and dependent children) are illegal. If your lease originally had two or more tenants you may have an additional roommate or roommates provided that the total number of tenants and occupants (excluding occupant's dependant children) does not exceed the number of tenants on the original lease. For example, if three tenants signed the original lease and one moves out, you may have a roommate to replace the departed tenant.
If your apartment is rent stabilized, you may only charge your roommate(s) a "proportionate" share of your rent. A proportionate share is determined by dividing the legal regulated rent by the total number of tenants named on the lease and the total number of occupants in the apartment - not including the tenant's spouse, family members or the roommate's dependent children. For example, if you live with your spouse and two children and only your name is on the lease, and you have a roommate who has one child, only you and the roommate are recognized for the purpose of calculating a proportionate share of the rent. You may therefore charge the roommate up to 50% of the rent.
Check your roommate's background thoroughly. If you don't get along, and your roommate refuses to leave, you do have the right to evict your roommate. However, if the roommate refuses to leave, the ensuing eviction process could be both painful and expensive. Remember, until the eviction process is complete you may have to live with this person.
If you join someone as a roommate (i.e. your name isn't on the lease) another set of problems can crop up. In most instances, if your roommate (the leaseholder) leaves, you have no right to keep the apartment. The primary tenant might also decide to temporarily sublet to someone, in which case you will suddenly have a new housemate not of your choosing.

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depends on the coop's house rules. In our coop a roommate requires board approval and that requires a package. All you can do is remind your family friend that his coop might have some kind of roommate rule.

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> Join the conversation Comments (1)

As long as the owners are there most of the time this is 100% a protected law in NYC including coops, condos etc. One person (plus, I think their child). The landlord (coop) may only ask for the name of the person but may not impose any other restrictions or ask any other questions. If they do, cite the roommate law.

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No, you shouldn't be required to fill in application as long as your friends stay in the apartment.

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when you mean "stay in the apartment" do you mean actually live the apt with me or have have them still own the apt. They are going to be owning the apt still , but not living with me. Will the board still need to approve me.

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> Join the conversation Comments (2)

If the owners of the apartment are not living in the unit with you, then the Roommate Law does not apply. It's a straight sublet, and both you and the owners will have to follow whatever protocol the coop requires. Some coops don't allow subletting at all.

Although it may be tempting, don't try to move in and hope no one notices. If you're caught, it means major headaches for both you and the owners of the apartment. The owners will have breached their Proprietary Lease and will be responsible for all the coop's legal fees in getting you evicted.

Of course there was a NYC judge who ruled that that the Roommate Law *did* imply a right to sublet without permission (Lincoln Guild Housing Corporation v. Stuckelman). But everyone knew that was an absurd ruling that was going to get overturned on appeal, and it was.

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yes RW, "stay" means they live there and you get to use the extra bedroom.
If they don't live there or partially live there you'll probably have to go through a board approval.

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What if there's no president? - member-but-not-president Dec 11, 2011

We have five members on our board, but nobody is willing to be board president. The bylaws require a president, but don't specify what would happen if nobody volunteers; the current vice president has said that if he's made president, he'll quit the board. This may be because our past two board presidents both suddenly quit because of the stress of the job. While the building seems to be functioning normally, and we're a friendly board, nobody wants to be "where the buck stops." We put out flyers soliciting additional board members but haven't gotten any response. What can we do?

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by default, if the president is unable to fullfil his duty ( in your case non existant ) the responsibility falls on the vice president.
If no one wants to hold this position, split the duties among yourselves .... it really just boils down to "setting" the agenda during the board meetings and signing some documents that usually the treasurer and/or the secretary can do. Call it a presidential "committee".

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maybe people will show me something in the BCL, show me, no hearsay for me, Where it states that the president does more than run the board meetings. They have no more power than another member, exact same strength of vote , 1 vote, In this co-op the president has been acting and been a total control freak, running everything, without sharing the info with other BOD members. This is wrong, i have been telling BOD members that had a minimal set of oomph, to read the the riot act, and bring him to court if necessary, when he refuses to share info that they are legally responsible for. The president runs the meetings, that is it, O and D indemnity insurance does not cover not doing due diligence.

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