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Co-ops & Condos Gain Voice in NY City Council - Steve-Inwood May 11, 2010


I have a bone to pick with the appraisal process for Co-op units in NYC. That bone is that this process does not generally take into account the financial health of the co-op corporation.

Let's face it, Co-ops are a hybrid: half real estate(ish) and half corporate investment. From my limited perspective, appraisers take a look at the real estate side of the transaction but rarely have I seen them take into account the comprehensive financial health of the co-op organization.

Not all co-op corporations are created equal. While mortgage information is often listed on appraisals (and often incorrectly I might add), I have never seen the corporation's cash and reserves listed.

There is a positive value attributable to each share for each dollar in working capital (cash), capital and operating reserves, escrows & self-escrows, pre-paid expenses and valid receivables. I have never seen these amounts taken into account on an appraisal however they can significantly impact the value per share.

For example, a unit within a 100 unit co-op with $10k in cash & reserves is not as valuable as a similar unit in a co-op with $1 million in cash and reserves. Assuming that each unit has equal shares for the sake of simplicity and each building has an equal mortgage, then each unit would have a potential value adjustment of $100 or $10,000 based on the above example, respectively.

In the era when making informed real estate decisions is very important, I believe that increased disclosure can only help the sellers/buyers make informed decisions.

Is there any support out there to ask the NYC Council make it mandatory for appraisers to make this information available on appraisals performed within the City of New York for Co-op valuations?

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You are correct. In your example each apartment should be valued very differently, but likely is not. This is a major flaw in appraisals as well as potential purchasers evaluation.

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Keep in mind that generally the appraised value of a co-op comes from recent sales comparables in your building or similar buildings. If buyers are making informed decisions when purchasing an apartment, they have carefully reviewed the finances of any building they are considering and will take them into account when they make their decision. Consequently they will pay more for one that is financially healthy and subsequent appraisals will be higher because their market value will be reflected in sales comparables used in future appraisals.

So while I have had my owns bones to pick with appraisals on occasion, in this case I have to defend them. Appraisals are performed for a number of reasons and the value is calculated using a number of different methods; however in general appraisals reflect market value and market value is determined by how much the consumer is willing to pay. Appraised values merely reflect the market, they do not determine the market.

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Dear Board Prez,

I have read your posting a couple of times now. In addition to a buyer, owners and sellers may also get appraisals done. Owners may have one done for insurance and re-finance purposes. Sellers may have one done in order to assist in setting an initial purchase price.

Would you response remain the same while taking these additional populations into account? I still believe that it is very difficult to compare two similar units in separate co-ops and I am hoping that more disclosure will assist users to making an informed decision.

I would appreciate your further thoughts.


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Steve, I agree that it is difficult to compare two units in different buildings; however yes my response would remain the same.

There are various purposes for an appraisal, which may use different methods for determining the "value". Appraisals done in preparation for a sale or by a bank for a refinance are primarily concerned with market value and would use "sales comparison approach" to determine value. Appraisals done for insurance purposes are more concerned with replacement costs and may therefore use a "cost approach" or a combination of approaches for determining value.

Market value is considered the amount that a ready, willing and able buyer would normally pay for a property in an arms length transaction and must be distinguished from the price that may be paid. If a building is in outstanding financial condition, that will reflect positively on prices that sellers receive and improve subsequent market value appraisals in comparison to an otherwise similar building with poor finances.

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Steve--
I'm active with ESHC [East Side Housing Coalition], think your idea has merit, & would like to discuss w/you offline. Please contact me at condocoop@gmail.com
Thanks--Larry

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Allocating taxes and interest expense for tax purposes - Billy May 10, 2010


Maintenance apportionment

Reference:
http://disc.yourwebapps.com/discussion.cgi?disc=94379;article=11863;title=Habitat%27s%20Board%20Talk;pagemark=40

Each year our co-op office sends 1098's documenting the amount of interest one has paid prorata (e.g.: based on shares) as well as taxes one has paid prorata as well. The amounts, interest and real estate taxes, are shown in block #5. If there are two owners in a unit each receives a separate 1098. Thus if the unit paid $1,800 in taxes and there are two owners, each receives a 1098 in the amount of $900 for taxes while the interest expense is similarly split.

These are sent before the end of January each year in compliance with IRS rules.

Further, our co-op bills (itemizes) the assessment separately in the monthly bill. For tax purposes, the yearly assessment (yes, the assessment is every year as our co-op is 43+ years old and capital improvements are de rigueur) is billed over a lesser number of months. This is to avoid any question or challenge by the IRS that the assessment was just part of the maintenance. It is also important when selling the unit in computing the gains, less capital improvements..


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Sponsor Apts - jbm May 10, 2010


Is there any legal precedent to compel a sponsor to sell his unregulated apts. We have a 32 unit coop in Brooklyn in which the sponsor owns 6 (2 regulated and 4 which he charges market rent). It would obviously improve our owner-occupancy percentage

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A lot of buildings have tried but they have all failed. A sponsor obviously has written the by-laws to favor him/her. There is no legal precedent that I'm aware of that favors a board in this matter.

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seeking lawyer - Anonymous May 09, 2010


Can anyone recommend a good, reasonably priced lawyer that can assist with borderline disorder coop board?

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Belkin Burden Wenig & Goldman, www.bbwg.com
Gallet Dreyer & Berkey, gdblaw.com

Good luck!

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Bruce Levinson, who's in private practice in Manhattan. Excellent, smart, down-to-earth, and he doesn't pad the bill. I say this as one who has used him on several occasions. (Note: One pecadillo: Don't let him talk you into tipping the guy who checks for liens. You don't have to pay that. But that's a minor gripe. Otherwise, he's frighteningly good.)

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Here try these law firms Braverman & Associates • Kagan Lubic Lepper Lewis Gold & Colbert • Kurzman Karelsen & Frank • Stark & Stark • Wagner Davis • Wolf Haldenstein Adler Freeman & Herz

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Doug Heller at Herrick, Feinstein is a true gem.

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Penalty Fees - North Riverdale May 09, 2010


Two directors on our Board would like to make a rule about when residents can move furniture and impose fees if it's done without getting prior permission.

However, my understanding is that fees can be imposed only if the proprietary lease allows for it. Is that so? Or is it co-op by co-op?

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We are amending our Lease to include fees for service, fees for usage and fines. This is even though we have been charging for electric sub-metering for quite a few years. It was after an arrears case in Court that we saw we had a risk (we eventually received the owed funds). I would say that you can do anything you want but if your Lease is not allow for it, if it is challenged in Court, you are at risk of paying it back.

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Thank you Steve.

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A co-op can impose fees for moving in/out, also penalties. Leases generally ahere to House Rules, most Offering Plans have House Rules in them and they can be expanded upon. Once expanded upon and legitimized by your attorney, House Rules stand.

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Steve is correct. You cannot legally impose fines that are not authorized by your proprietary lease. Without that authorization, if fines are challenged in a court you are likely to lose.

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In our co-op, we do not have fines.

We do have fees, e.g.: late charge fee, move in/out fee, elevator use damage fee (refunded), application processing fee.

But we do not have fines.

We do use the term "quiet enjoyment" in defining rules as to what can be done and when. Here is a brief recap:
1. Move in and move out = 9 to 5, Monday to Friday
2. Deliveries in and removals out = 9 to 5, Monday to Friday, large and bulky deliveries.
3. Deliveries in and removals out = 9 to 1 PM Saturday, small parcels, one piece of furniture, etc.
4. Banging on walls, = 9 to 5, Monday to Friday, hanging pictures, mounting shelves
5. Work in the apartment = 9 to 5, Monday to Friday, with no work on the eve of religious holidays, Christmas, Yom Kippur, etc.
6. Contractor in the apartment = 9 to 5, Monday to Friday, with no work on the eve of religious holidays or religious holidays, Christmas, Yom Kippur, etc.

If one violates the rules, the first two "violations; cause the generation of a warning letter. Beyond the second occurrence, the shareholders receive a letter indicating that they are in violation of the proprietary lease. In turn, the lease could be terminated for any subsequent violations.

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RN, That's very sage advise that you provided -- I appreciate all of your time and attention typing it up. I'll going to print it up for the other directors. I also like your caution not to use the word "fines" but "fees" in its place.

What exceptional blogging this is!

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Mortgages and the recent banking changes affect sales - Joe V. May 08, 2010


What do underlying building mortgages and the recent changes in lending programs have in common?

Answer everything.

True story.

A nearby coop has an underlying mortgage total of $ 50,000 average per apartment.

A buyer wished to buy a $200,000 apartment with 20% down ($40,000) and an 80% ($160,000) mortgage.

The bank looked at the $50,000 underlying mortgage per apartment and computed ($50,000 + $200,000) as the base amount for risk assessment and told the buyer the only way to obtain a mortgage is to put down 80% of $250,000 or $50,000 down for a lending mortgage principal of $150,000.

Real reality check for buyers, for boards and for sellers. No doubt it is worse for a co-op does not have a retirement program for the underlying accumulation of first, second and in some cases third mortgages. Balloon payment mortgages can be a death knell; for buyers and sellers.

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tenants - RLM May 05, 2010


Is the roommate of a shareholder legally considered a tenant?
Or a spouse, if the spouse's name does not appear on the certificate?

I couldn't answer this question - hoping someone else out there can.

Thanks.

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The only person who's a shareholder is the one who's name is on the stock certificate. Anyone else is a roommate, although if related by blood or marriage they may be a family member depending on the propreitary lease.

Spouses are determined by being married. Spouses are not shareholders simply by being married. Their names must be added to the stock certificate, which is usually pretty easy unless there's a mortgage, then the bank has to ok the new name (crdit check and the like.)

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Are nonshareholder residents considered tenants legally?

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If a non - shareholder resident is there 30 days or more they become a legal tenant by Squatters Rights. They are not the S/H but they do become a Tenant, once again, after 30 days. All co-ops should be aware of this and be careful. Many co-ops don't even allow this because it brings the value down, just as too many sublets can lower the value. Many co-ops that I know that used to sublet and allow what you are speaking of have stopped this because these people have no vested interest and it becomes difficult to get squatters (whether roommates or not) out. I do suggest that if someone wants a roommate or boarder, they should have agreement, such as a Lease with the person for length of time, etc. That would make things easier in the long run.

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Roommates i.e., boarders are not S/H's. They are not on the Lease nor on the Stock Certificate whether married or not. The problem with this situation if not married or family member, is that after 30 days they become a Tenant (considered month to month)as a Squatter. Then it becomes difficult to get that person out, the S/H if wanting to get that person out would have to go to Housing Court and start eviction proceedings. In a marriage that might be quite different, but with a family member if there is any problem and the S/H wants the person (family member) out they would have to do the same thing. It becomes a very touchy issue. One must be careful to allow this because Roommates cannot be held to the standard a S/H should be held to. They have no vested interest which can become a problem. A married person is not a S/H, and most do have mortgages so it becomes more difficult to add name to a Stock Cert.
Just an opinion.


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HabitatReporter here with advice from Edward T. Braverman, Esq., of Braverman & Associates , P.C.:

"A tenant is one who has a contractual relationship with the landlord. In Co-op parlance, that would mean one who is named in and who has executed a Proprietary Lease. A roommate is legally considered to be an occupant: a person who occupies the housing accommodation with the consent of the tenant. Under New York Law every tenant is entitled to have a roommate to whom the landlord (Co-op) cannot object. A subtenant is one who has a formal agreement with the tenant, who (the tenant) has assigned his lease rights to the subtenant, subject to all of the terms and conditions of the lease (Proprietary Lease) with the express written consent of the landlord. His sublease must be something less than the full term of the lease so that the occupancy of the apartment reverts to the tenant of record prior to its expiration. A spouse who is an occupant, while not a tenant, generally will be entitled to receive the transfer of the apartment upon the tenant’s death without the consent of the Co-op’s Board of Directors."

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Neighbor selling to a college student; parents paying cash - carolnyc123 May 05, 2010


My neighbor is selling her 2-bedroom unit to a college student, with the student's parents paying cash.

I hope I'm not coming off as ageist, but I'm concerned that the new owner may not be the best possible buyer, but given the market and the all-cash offer, I can imagine why my neighbor jumped on this offer.

Our board, which I'm a part of, has been lenient with approvals (we've never turned down a buyer or subletter in the 7 years I've been on the board) but our walls are as thin as tissue paper.

The college kid would not be able to afford the place if he had to pay out of his pocket ($600K, $1100/month maintenance). An interview will not be enough to tell if he will have friends over often or play the drums or whatever, and without a mortgage, the board has a lot less leverage over the new owner.

Can I do or say anything that is in the building's best interests, without coming across as selfish or paranoid against a new buyer?

FYI, I've heard we had this situation before - parents bought a unit for their child who created a lot of noise issues for the building. The incident predates the entire board so there isn't at the moment any talk of that last situation.

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Your sole responsibility, as a Board Member, is to consider any application to buy with no consideration to legally protected status, such as race, religious orientation, age, etc.

I assume you are a new member of your board and strongly urge you to read widely, deeply and quickly everything you can find about what it means - legally and otherwise - to be a member of a board of directors in a co-op. There are legal pitfalls aplenty, and you don't want to be the cause of any action through unfamiliarity with, say, housing law, as an example.

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Thanks for your comments. I am aware of not discriminating against any applicants and FYI I am not Caucasian. However, if the board's responsibility was only fiduciary, then boards would never interview prospective buyers or subletters, right? All the info they would need would be in black and white in the board package.

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Not necessarily Carol..

An interview many times reveals insights to the financial picture as well... do they plan on subletting in a couple months, is she pregnant then quitting her job to be a full time mom (cutting the current salary in half), lots of other questions and clues as to the posterity of the prospective shareholder and if they are a character match for your building (ie: they sing opera all day or teach piano in the afternoons... they hate kids and its a kid friendly building..)

Best
~AR

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There are other safeguards....
What the board should always do with all cash offers is place a 2-5 year wait period on any refinances. This way, A buyer that would have shaky financials and would otherwise be denied, would be less apt to buy all cash with daddy’s money and then refinance and pay back in a year.
did the way i worded that make sense?

~AR

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Thank you for your reply. If the sale went through for all cash with a 2-5 year moratorium on mortgage, it would be too late by then, wouldn't it? Sure, the parents couldn't be repaid immediately, but the building would be stuck with the deadbeat child, wouldn't it?

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Yes, but u8nfortunately, if the rest of the sales package was ok, you just have to hope they mature well in the 2-5 years!
Still, the board must approve the refinance and any shareholder changes, so there is still some control.

On another note, if there is a refinance with the parents name on it, it may be beneficial in on sense because it is easier sometimes to collect arrears when a bank is involved (they usually pay the arrears to protect their interest)

Best
~AR

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So the parents are paying for the apartment. This means they are gifting the apartment and thus one may ask that they file a notarized letter to that effect? Was a "gift" letter requested. Don't forget gifts are subject to IRS rules.

Are the parents gifting the maintenance? If yes, are they living in the apartment? If no, then in our co-op its not permitted.

Without going through ratios, let me assert that anyone buying a unit in our co-op must have a gross annual salary of $50,000. If two are in the apartment and both are working then the "base" it higher.

Regardless, one may not have annual expenses that exceed 30% of one's gross income. Thus in this case its $13,200 (maintenance) + assessments + electrical; costs + natural gas costs, education costs + + +).

If one moves into the building with or without a mortgage, our rules stipulate there is no new mortgage or refinancing within the first five years following the sale.

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A poster here said if parents gift an apt (and mention was made of their paying the maintenance too) - that "one may ask that they file a notarized letter to that effect".

I was in notarization/mortage holding work for years. Many people mistakenly think that notarizing a document means that the signer agrees to comply with any promise made in the document or that any statement made in the document is true.

Having a letter or whatever notarized is verification that the signer is who he says he is - nothing more. It doesn't bind the signer to anything that he agrees to or states just by virtue of the fact that the document is notarized.

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Ask for a copy of the IRS gift form....By the way we have sometimes asked an applicant to sign a form that allows us to obtain the 1040 etc. information direct from the IRS. We do this when there is a fish smell to the application. 99 of 100 times, the fish mongers refuse.

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In our coop even if an apt is gifted the occupant has to have a documentable income. If the parents are going to pay the maintenance then they have to be co-purchasers with full Board pkgs submitted.

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Great note!!

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reserve fund in non fdic insured account - escapefromyonkers May 03, 2010


i noticed the last couple of years when reading the annual financial statements for the co-op , that there is a statement from the accountant that says the reserve fund is kept in accounts where it may go over the fdic insured limit, however the accountant states that they see no problem with this.

5 years ago, when i first noticed this saw this i didn't worry too much, but i think the realities of what happened in the financial world in the last couple of years would say that this is not a sound idea, especially when your dealing with other peoples money.
Banks fail everyday.
Any comments.

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Dear Escape,

Your posting is timely. In an effort to de-risk our reserve funds and to tackle that note in the audited financial statements, our Co-op purchased several CD’s from Vanguard (all of our reserve funds are at Vanguard). They are all FDIC insured.

Over the weekend, I saw that three banks in Puerto Rico failed. We have CD’s at two of them totaling $72k. As a result of the FDIC insurance, I do not foresee any problem getting the funds back (perhaps we might encounter a small delay).

As a former Treasurer and current President, believe me that it is much easier going to the Co-op and the Board saying that we may have a small delay in accessing the funds than it would have been saying that the funds are fully or partially gone. I am so glad that we have that FDIC coverage!

You never know when a bank is going to fail until after it does fail. In my opinion, all co-ops/Condos and Con-opts need to make sure that all of their funds are FDIC covered immediately. The only exception would be to have the funds placed in similarly guaranteed investments like U.S. Treasury Bills/notes or agencies. Also in my opinion, I would not even invest in municipals at the moment due to all of the trouble our state and local governments are having.

Here is the link to the news article: http://www.washingtonpost.com/wp-dyn/content/article/2010/04/30/AR2010043003084.html?wprss=rss_business

Steve

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> Join the conversation Comments (1)


WOW!

~AR

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Income is not the goal. Protection is the objective. All our reserve funds are in T-Bills. There is never a problem of liquidity or access.

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REASONABLE ACCOMMODATIONS - Peggy Meerkatz May 01, 2010


As the renovations to Lido Towers draw to a close (so I am told), the total budget for this project is in the neighborhood of $18 MILLION DOLLARS. What I cannot understand is what portion of this large sum has gone to improving the lives of handicapped residents?

My mom has been a resident for OVER 7 YEARS. I have Secondary Progressive Multiple Sclerosis, in January when it became unsafe for me to live alone I moved in with mom. Shortly after that, it became necessary because of MS for me to use a Power Wheelchair.

IDEALLY I would like Lido Beach to be my now & forever home because when my mom passes the condo will revert to me HOWEVER living here is so bad that after only being here 4 months I am considering a NURSING HOME.

For 184 UNITS (realizing MOST have more than one car) & a LARGE NUMBER of VISITORS particularly during the summer there are 5 HANDICAPPED PARKING SPACES. 1 in the "A" lot (near the pool) 0 in the "B" lot that would be considered the MAIN LOT since this is MOST residents & ALL visitors enter & where the Lobby is located & 4 in the "C" lot. When you enter the "C" lot from the "B" lot there are 2 IMMEDIATELY to your right then there are 2 a long distance away by the BBQ area. The spaces I am told are on a first come first serve basis for resident & guests alike so if a resident such as myself REQUIRES handicapped parking space because of accessibility & they use a wheelchair they still have a 1 in 5 chance of getting a handicapped parking space otherwise they need to park in a regular space which in my case IS NOT wide enough for my van. I WAS offered another regular space that is "slightly" larger because it is an end space but it is almost in the BBQ area.

The lobby IS NOT accessible to the handicapped from the parking lot. Nearby is the service entrance. By law the service entrance CANNOT be the ONLY MEANS of wheelchair access yet this is where they want to put a ramp for me (currently that entrance IS NOT accessible because of a "lip" at the door). Going around the bend a bit on the way to the "C" lot is d another door this door ironically is almost in my apartment but it IS NOT accessible. Then if you go all the way thru the "C" lot over by the BBQ grill (where the 2 handicapped spaces area) is the ONLY DOOR currently accessible (sort of) to a wheelchair. It DOES NOT have a "lip" preventing the chair from entering HOWEVER it has a very heavy fire door then a small hallway & another heavy door.
I submitted a LETTER OF REASONABLE ACCOMMODATION as the law requires. As I said, I was offered a regular parking space all the way by the BBQ grill. They also said they COULD put a ramp at the Service Entrance so I WOULD NOT have to go around the world to get in (though I still might have to go around the world to park). Additionally they AGREED to make the door with the ramp (service door) AUTOMATIC (as I requested) but it would be done AT MY EXPENSE.

Even the CLOSEST parking space is NOWHERE close to the Service Entrance where they want me to come in. If I COULD NOT find a handicapped parking & needed to park in the regular space they want to assign me near the BBQ area I would need to pack a suitcase to get to the Service Door, which they would put a ramp on & I could pay for an automatic door too. Furthermore, law says they CANNOT designate the Service Entrance as a handicapped entrance.

The entrance that I am going in currently is accessed by going up a walkway that is barely wider than my wheelchair. When I need to turn to open the fire door with the key my back wheels go off the path (it is not wide enough) & into the dirt & gravel. The “trick” is then for me to hold the fire door open, get my key out, direct the chair out of the gravel, hold my service dog & get in the door. Rarely is anyone in this area to help me. On average, it takes between 15 & 20 minutes for me to get in the building. In ONE MONTH: I destroyed a brand new cup holder & a beautiful large button of my Service Dog & I from the door slamming closed on me. I broke my reacher & badly dented my coffee cups the same way & my saddlebag is TORN from getting caught in the door. Not a lot of people use this entrance particularly in the off season so if I should fall – or worse – it would be RANDOM when help would arrive.

There is another whole issue with my Service Dog, which is equally ridiculous, but irrelevant here.

What I am talking about & hope someone can answer is – how can Lido Towers justify spending $18 MILLION to repair & renovate a building & grounds & exclude handicapped residents?

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Contact an ADA advocacy organization for advice and referrals.

This is just wrong, wrong, wrong.

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The board of Lido Towers is behaving both illegally and immorally. As RLM says, it's time to contact a lawyer -- AND the press. Once you get an attorney involved, if the board doesn't start behaving like human beings, then it's time to get the newspapers and TV cameras in.

Uncaring board vs. a frail woman in a wheelchair. I'd love to see that all over the 6 o'clock news.

Shame on you, Lido Towers board.

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contact united spinal org, they are in queens

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