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FEDERAL LAW vs. MOM's LAW - Peg Meerkatz Sep 01, 2010


Here is my dilemma. My condo DOES NOT comply with the law in terms of accessibility for the handicapped or laws concerning Service Dogs. I was sent a nasty letter saying people complained I walked my Service Dog on condo property. I DID enjoy walking along a walk path with her AFTER she had her "business" walk. I have been told I can only take my Service Dog to & from the car & off the property to do her business she CANNOT accompany me on any of the common areas of the condo - this violates FEDERAL LAW. I am being FORCED to sign a "contract" agreeing to this. The condo I live in is owned by my mom she says "sign the contract or leave". I am a strong disability advocate & in the process of starting a nonprofit to raise service dog awareness. This contract & their rules VIOLATES THE LAW & MY BELIEFS but IF I don't sign the contract the condo says the dog CANNOT be here. Mom says if I don't sign the contract & remain quiet I CANNOT live here. I am too disabled to live on my own or find alternative housing. It is important to note the entrance that I was told to enter & exit the property w/ my Service Dog with is UNDER CONSTRUCTION & not accessible to anyone which adds an additional walk for me to get off the property. Does anyone know how I can file an ANONYMOUS ADA/ FEDERAL COMPLAINT that CANNOT be traced to me? (Mom has said IF I FILE ANY COMPLAINT, MAKE A FUSS or DON'T SIGN THE CONTRACT I AM OUTTA HERE! Which given my physical condition means NURSING HOME!) So what I want to do is sign this LUDICRIS CONTRACT but "someone" else would file a complaint about the INSANITY that goes on here. Note also that in 7 years they spent over $18 MILLION on repairs & upgrades but spent $0 on handicapped accessibility. I CANNOT afford an attorney but if there is one reading this that can advise I would really, really appreciate it. Thanks.

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Wow. It's too bad you don't have your mother's support. A condo is not a coop. Why is she so concerned? I am the Board President of a condominium and I don't see what the problem would be. Too bad.

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Have you called your local City Councilmember for help?

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Super Issue - DavidG Aug 30, 2010


Hi Everyone,
I am writing to request your thoughts, comments, guidance on how you have handled staff issues.

What are the responsibilities of a Super?

Our Super is two years into his career here and came on strong. Over the last six months his personal situation has changed – going through a divorce. At the same time, his performance has really dipped, gone are the days proactivty and open communication (email, can be reached off hours). He informed the board about a fire department visit last year and steps to resolve potential issues, now we don’t hear about it until we receive a violation.

He also overlooks flagrant violations of the prop lease – which he claims hes familiar with having several years of co-op experience (like illegal renovations, security cameras in the hallway, fire dept violations etc).

Additionally, residents claim his presence is no longer felt, they ask if hes ok healthwise etc.

The last six months he has delegated a good amount of the house keeping to the porter, and it has now negative effecting the quality of life of residents, IE Trash is piling up, building is not as clean, and basic duties are neglected.

So I am not sure what his role is, or what his perception of a role is – this is a serious issue as we have roof breaches which he shrugs off, and a boiler outage in which he responded “the boiler has a mind of its own”.
I appreciate that our super, answers to the managing agent – who happens to be the sponsor, and they have a great relationship, but basic repairs, and super functions as we know it are no longer getting done. So much for our efforts to bring items in house. The last straw was when the board solicited ideas for a 10% reduction in energy bills, and his electric bill already high, went above $500 a month for the last two months.

Its a bad situation, and I dont want it to get worse. In my previous life - the super kept a log book, assisted in making the building nicer one small thing at a time, he no longer responds to calls, and no longer manages the vendor visits.

Brings me back to the question – what are the Supers responsibilities – and what are your thoughts on how to work this situation back to a win win. Heating season is around the corner, and the board no longer trusts the super to maintain the system or for routine things to get done.

Thank You

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1: the super is the employee of your co-op, not of your managing agent. Perhaps your managing agent SUPERVISES the super, and monitors his work... but he's an employee of the corporation.

2: since your managing agent, the sponsor, supervises this employee, he/she is not doing the job if the conditions you cite are obvious.

3. you have the right to fire a super for nonperformance. Document everything clearly, including written warnings.

4. you have the right to hire a managing agent who will take those responsibilities seriously, "great relationship" notwithstanding.

5. do you have clear, written job responsibilities?

6. is this a union position?

7. the board needs to take unified action immediately.

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I would think that you should first set up a meeting with your superintendent to try and find out what the so called issues are. Dialogue costs nothing. Based on the outcome of the meeting you can then decide on how to proceede.

RMM

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David,

Call me and maybe I can help you with some guidelines. Mike MacGowan (212) 319-8375

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Hi all, HabitatReporter here! Bram Fierstein of Gramatan Management is here to offer some advice.

"First of all, is the super a member of a union? If that is the case, then there is probably a very specific job description (sometimes known as the work rules) as well as a process for mediating disputes between the employer and employee. Typically, we have found that the union will be supportive of management / owners if they have specifically documented the superintendent's lack of performance. Video documentation is great and often a by-product of your security system.

If the employee is not in a union and not a member of a protected class than terminating his services should not be a problem in New York State. If the Board is interested in trying to turn the super around then I would suggest that the managing agent write a job description with the Board's input. They agent and super then should meet and discuss your wants, needs and goals. Set specific time frames in which the super needs to accomplish his daily assigned work. Set realistic time frames for projects outside the scope of daily responsibilities. Furthermore, the super should understand that his services may be terminated if his performance does not improve. It is best that all communication with the super be doucmented to protect the Board and all shareholders against a wrongful termination lawsuit.

In either case it is probably best that you consult with a labor attorney."

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Nice article Mr. Fierstein I agree that management has the union in its pocket so to speak. In addition many builidings have lost wonderful superintendents not because they were not performing their job but because of the dreaded board politics.

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fire code and decorating hallways - jesimmons07 Aug 29, 2010


Hello Fellow Board Members,
Our Board is interested in decorating the 7 hallways/3 floors of our 20-unit condo. (Legally, there are seven 3-family units.) Are there any fire code prohibitions against hanging posters or textiles in the common area hallways? We want to get away from the public housing look and were considering large posters or even textiles. Thanks in advance for your responses.
JES

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JES, you definitely have to check with your local Fire Marshall as to certain do's and dont's since district rules can vary. Rule of thumb, however, is that nothing can impede an escape if necessary. Pictures are usually nailed to walls so they can't fall off and hit someone, decorations are out of the way. Textiles (assuming wall paper types?) are pretty much a safe bet. Wall mouldings (chair rails, crowns, etc.) are a wonderful, elegant and not too costly look. Have fun.

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Anyone name their building? - Frank at Habitat Aug 24, 2010


Habitat is working on an article about the practical ins and out of giving your co-op or condo building a name.

We're assuming you can name it "The Roosevelt." We're assuming you can't name it "Trump Hall." Or can you?

Do any of our stalwart readers know of such a case, with an existing building (not a new construction)? Please let me know -- jot me an e-mail at flovece@habitatmag.com

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You might want to search the USPTO trademark names to see if the name you want is being used for the name of another building.

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A building name is not related to the patent office since it is not a trademark. I would consult with the attorney for any registration with the city or town as buildings in small cities and towns are usually well know by police and fire deparmtents.

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How many have been forced out of their homes? email response - habftm@gmail.com Aug 20, 2010


Please do not send emails with attachments. For safety reasons, they won't be opened.

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Board pres crossing a line? - mdrest Aug 18, 2010


We are a 300 unit co-op that has many sponsor-owned units with rent stabilize longtime tenants. I'm on the board and just heard that our president approached a tenant who has a therapy dog, and has had it for over 10 years, and he got very aggressive with her-demanded to see proof dog was a therapy dog etc. He wants us to take action, but as we understand it, a tenant is not under the Board's jurisdiction, and the dog is long past the 90 day period where the sponsor could have done anything. I am afraid the board is going to get involved in expensive litigation at the behest of the president and that we can;t win. Any advice? The dog is tiny and presents no problems to any neighbors. Are we heading down a slippery slope?

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The board president himself can take no action -- it has to be the decision of the majority of the board. If he acts unilaterally, he's exceeding his authority. And if he authorizes expenditures without approval of the board majority, he can be removed from official for not acting in the best fiduciary interest of the corporation. Contact the other board members with your concern.

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Call the Office of the Human Rights tell them your problem and make an appointment to meet with their attorney. Make sure you have a doctor's note verifying that you indeed have a medical problem. Also, register your dog with the Board of Health for your dog to become a service dog, they too require a medical history of your disability. Good luck.

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How many have been forced out of their homes? - Anonymous Aug 12, 2010


How many good and decent coop shareholders have been literally FORCED OUT of their homes because they went up against corrupt board/ management who had building funds and more at their disposal? How many silent sufferers are out there, not knowing where to turn?

habftm@gmail.com

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My observation is that they are many sufferers as almost every second article posted here is about such.

Observer

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How many good and decent board members have been removed from office by shareholders that do nothing but complain, never want to contribute, and make no effort to understand what is necessary to run a building?

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Interesting perspective. However, in most cases the only way to remove a board member is through voting. If the community perceives that a board member is not acting in the best interests of the community, elections will prove them right or wrong. I have found that one reason for so much dissention amoung shareholders is lack of communication between the board and shareholders. Too many boards believe they can make decisions and not have open meetings and discussions with the community. They view themselves as "supreme beings" having to answer to no one. The best way to avoid a great many problems is through discussion and open communication. More boards should try it before making decisions rather than presenting everything as a done deal and you just have to live with it. Not a good attitude.

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No doubt that there are self-serving board members out there that deserved to be removed from office; however our board goes above and beyond to be as transparent as possible. We hold open meetings, publish newsletters and distribute memos but we still have a noisy core group that only complain and never volunteer. If we made major decisions behind closed doors they would accuse us of forcing our will; if we are completely open about our decisions we are accused of putting up a smoke screen to mask what "has already been decided". Before being accusatory, I strongly recommend shareholders keep a positive attitude and volunteer. They may be surprised to learn that most boards are not evil groups hiding in a smoky room creating diabolical plots to destroy the building, but instead are open and honest with a community spirit that only want to do what is best for the majority.

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Management recently send in contractors to fix some ceiling damage and they did such a poor job that I looked them up and found they were involved in the contractor scandal of some years ago. Are these contactors still in business and are they still getting kickbacks?

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Could you please tell us where you found the info about the contractor... Thanks,,VP

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They did such a terrible job that I Googled them, got nothing, then Googled again “contractor name and corruption” and they came right up.

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What is the name of the contractor? I would like to know if they are the same people that renovated our building and ripped us off, with their incompetant work.

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Our board bribes influential shareholders to direct opinion so it is impossible to remove them

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The question was:

How many have " been literally FORCED OUT of their homes because they went up against corrupt board/management who had building funds and more at their disposal?"

If you had to move out of your apartment because you were harassed, threatened in any way, if your personal safety and well being were at stake, please email at this address:

habftm@gmail.com




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You are asking for email addresses from people who have been threatened and harrasses into leaving their homes. What are you doing with this information?

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What is the difference what habftm is going to do with this information. Maybe help the Shareholders in distress so they can get help. Nobody can make it worse than trying to throw out a shareholder from their home, I know it happened to me.

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Our Board tried to cause a illegal forclosure on my apartment. I never voted, nor went to a Board meeting I personally didn't trust the people running. Any repairs that was the buildings responsibility they refused to fix in my apartment. I always had to take them to court to have the work done. They refused to collect my maintenance, they would put bogus charges on my statements, when I would dispute these charges they refused to respond to any of my correspondances. The bogus charges they put on my maintenance was to drum up late delinquent monies owed to the corporation to start legal proceedures. I found a way to direct deposit my maintenance into another corporate account, when they saw I beat them at their game, the Vice President called the bank where I had my mortgage and told them that the building wanted to do a foreclosure on my apartment, they claimed that I hadn't paid my maintenance in nine months, owed all those charges they attached to my maintenance and all the late fees and legal fees they attached to my statement. Meanwhile, all the maintenance they claimed I owed, was the maintenance in the other corporate account that each month I would write them to advise the Board which account the maintenance was in for each and every month, they just choose to ignore it and refused to transfer the funds into the operating account. The bank after I proved with deposit slips that I indeed paid each and every month on time, still went after me to try and accelerate my mortgage. I now had to hire an attorney, paid it out of my personal funds and sued the building. This litergation went on for four years out of my life. This current Board recently sent letters around the building that I sued the building. Some of the Shareholders are illerate idiots and refuse to accept that I had to save my home, they only know I sued the building, they don't realize that I too paid legal fees for no reason just to same my home. I am a widow and a senior citizen, they thought I would let them have my home out of fear, not knowing that I am a PHD in management and finance and am a whole lot smarter then they. This time they outsmarted themselves, unfortunately, they made many people leave their homes which they took over and sold for a profit and pocketed the profit. This is what is running the Board, yes I believe that if you find illegal practices and harrassment shareholders must fight and remove the Board regardless of what it takes it is your home, your investment.

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I am facing the same situation, because defended the super after a board member call him a nigger or because I question the finance on the building. Sponsor has 12 units and those files any finance with state. Now, trying evict me.

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Billy,, Start sending Emails. To the MangCo, Board members and other Shareholders. Not accusing, but asking questios... such as: Are the financials completed for this year. Could you please send a copy of the Budget... Is it leagal for you to ???...I am disturbed that the Managment called the Super....
Particuarly anything to do with your apartment. They become nervous when they see an Email Trail -- which can be used in court...VP

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Billy the Board cannot issue fines it is illegal, the Board cannot evict you no Judge would allow them to take away your apartment. Read BCL and your Certificate of Corporation.

The key here is not to let them bully you,once they see your a fighter they will back off.

Good Luck!

DD

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Windows.. - vp Aug 12, 2010


We need to replace a few old windows that were not replaced during the overall replacement ten years ago. At that time we had a bulk rate and the windows were about 200-250 each. Now the owner wants over 1000 for each window. and our manangement is telling us that is the cheapest.. Its plain alumn windows -- anyone have any info... or window companies you recommend... Thanks...VP,

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do not remove them. Clean them up and weatherstrip them. aluminum ones do not last.

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too late, they have rotted... the aluminum ones in other apartments are now going on 15 years, no problems...
ANYONE have a window company you recommend...
VP

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We used Skyline. They were great on the install however we are two years out waiting for change order adjustments.

I would not recommend (which is a shame as their windows are great quality including great sound reduction too).

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Non-union super salaries - jbm Aug 04, 2010


Anyone have info on non-union part-time on-site super pay? We have 32 unit co-op in Brooklyn

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Just what are the duties of the Super? How many hours per day?

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• 24 hour availability for emergencies.
• Respond to all resident problems or questions regarding the security or maintenance of building.
• Manage keys for all apartments, mailboxes and public entrances
• Purchase supplies.
• General cleaning of common areas, front of building and laundry room
• Manage garbage/recycling storage and removal
• Be on-site for all contractor /service people appointments for all building repairs
• Minor building repairs (billed separately)

Work is approximately 20 hours a week. Is provided an apt in building

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Riddle me this if his workweek is approx 20 hours a week and you need him there for all contract people, service companies then he has really no time off.It is more like 40 hours a week if the service contractors come by between 8-4 Monday thru Friday.

Bob

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we schedule when he is available. He has his own handyman work on his "off" time

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Did you say he has a handyman? he has his own handyman? You pay him also?

Bob

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We have a super that is union, he has been doing illegal renovations with the Vice President that brought him in some ten years ago. Our building received multiple fines for them doing these renovations without permits. Since then the super bought three homes and has moved into one of his homes. The current Board whom protects the super becuase the ex vp and supe collects proxies for these board members to keep them in power and in turn protect the super. what they did was hire another friend to live in the supers apartment and pay him a salary and got him into the union as well. Now we have a building that protects one another and all make a living on our building. They harass, and theaten shareholds if they don't sign proxies for the super and janitor. This janitor does not even know how to hold a broom in his hand, he just walks around looking out for the Building dept. to inspect their illegal actions. I believe that a super should live on the premises in case of emergency. Our super does not live in the neighborhood no less the building.

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While it is easy blame the super, the responsibility lies with the board and management
I have witnessed situations where supers were very honest and looked out for all shareholders and were fired because then did not go along with a corrupt board and management comany. I bet you more supers have been let go because they choose not to be part of corruption than be part of it.

Proud Super

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I am proud of you too. I believe that all supers are not dishonest, but I can speak for the super in my building. Today at 2:30 pm when the super should be working for the building he was doing illegal renovations in an apartment. He shut off our water and toilet without any notice to Shareholders and tenants. He makes 800.00 weekly, union dues paid for with all benefits, two telephones does not reside in the building has a free garage spot worth 130.oo monthly, owns three homes, comes to work only to renovate and collect proxies for the Board to protect his wonderful job. How should we feel about him?

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Anywhere between $20 and $30 per hour, depending if you offer him other benefits like retirement plan or health coverage.
Do you have any building employee beside him ?
Does his other job ( handyman ) provide him with those benefits ?

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swimming pool - Michael Phelps Aug 03, 2010


If you have a swimming pool in your building is there a law? that states you need a lifeguard on duty during opening hours even if it is only 4ft deep and parents will supervise their children

Michael P

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I do believe you have to have a lifeguard on duty while the pool is in operation (open). You could also inquire with the New York City Department of Health (212) 676-1520 You may also want to check with the buildings insurance company, god forbid something happens?

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It all depends. In Westchester, the Dept. of Health allows you to operate the pool as a private owner and no need for lifeguard. However, your insurance may discourage you to do this.

My recommendation is to have a lifeguard; if a problem, then get a pool attendant, i.e., someone who could enforce the rules, keep the pool clean and chemicals balanced.

A four-foot is deep enough for many children and easy to have a child drown in it. Similarly, do not count on parents who may be easily distracted with other residents. I have seen on two instances in which children began swallowing water with the parents at arms length in the pool.

Good luck on your decision!

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