You contact your building exterminator...ASAP What are you waiting for?

Our exterminator sets traps, puts out poison, bait, etc.

We still get rats from other buildings in the block.

Maybe the other buildings are not doing anything, in regard to exterminating. I would try reaching out to the nearby buildings and see what you all can do as a group to battle this problem. If your building is the only one doing anything it is a waste of time and money.

Good luck.

You may place poison as suggested in strategic places such as a hole in the ground. In addition, I would make sure that there are no entry points into your own building basement through open windows, holes from utility penetrations, etc.

If rats are seen outside, it would an event similar to seeing a cat, squirrel or skunk in your backyard. Wild and domestic animals share the space with us, humans. Consequently, don't be alarmed and protect your house from entry.

AdC

Try contacting Dumani Compactor, they do execellent work. Contact Name: Jorge Dumani 914-632-8387

Thanks, Mike!

The Cert of Incorporation is filed with NYS and you have to apply to them to get a copy. You can check on their FAQ web page for more information. Below is just an excerpt from the instructions.
Hope this helps. rs

http://dos.state.ny.us/corps/bcfaq.asp

"Copies of any documents (Certificates of Incorporation, Articles of Organization, Certificates of Amendment, etc.) filed with the Division of Corporations may be obtained by submitting a written request to the New York State Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The fee for a plain copy is $5, and the fee for a certified copy is $10. Copies of documents cannot be ordered through this site or over the telephone. The Department of State does not provide copies of filing receipts."

Thank you for your help and quick response. Your have been a great help.

Sincerely;

D

Also check with the DOB (Dept. of Buildings) and/or the AG. It should be on file.

Thank you for your feedback. You have been very helpful.

Sincerely;

D

Hi,

This is a great topic. From my perspective, here are some items to consider:
Have reserve funds
A great audited Financial Statement says wonders to a trained professional and in this city, a lot of casual users too. It says that the Board knows what it is doing and maintains the fiscal flexibility to handle unforeseen problems. If you dip into the Line of Credit, be sure to repay it by the end of the year.

Do not defer capital repairs/replacements
Who wants to buy into a dump? We replaced all of our windows with double glazed, argon filled, casement windows and new A/C's and added approximately $5k to $10k a unit in value, saving heating costs and increased our quality of life with reduced exterior sounds.

Encourage renovation before a sale
Talk to you shareholders about reinvesting in their units. Don't sell treasury stock units 'as is' – comparables matter. Discuss with your lawyer what you can and can't do here.

Maintain a moderate to a slightly-above moderate maintenance charge
Don't get into fiscal trouble and have so high a maintenance that it dampens your unit values. Don't have so low a charge that your complex looks like a 'hand me down' and your financial statements are on life support. A good rule of thumb is $1 per square foot per month. Go ahead, get the funds and paint that hallway! At the same time, invest in cost saving capital replacements that lower operating costs.

Encourage internal harmony
Internal recommendations work wonders. Make sure to encourage harmony between the staff and shareholders too. This makes for a better quality of life too.

Take a look at your property from the perspective of a prospective buyer
This is a big one. An uncluttered, professionally painted and clean lobby says a lot about what values the community has. Don't neglect the exterior - plant (and care for) some flowers near the building entrances. We get blinded to imperfections when we see them everyday. Walk in one day with a note pad and take notice like you are seeing the building for the first time. Write down what you see and make a plain for the manager and staff to correct and imperfections.

Get the renters out
Encourage owner occupancy – owners just care more, it's natural.

I think this is a great question and topic as well...
Steve has some valuable insights and tips.. thanks...
Another good rule of thumb is to budget about .75 cents per foot per year for exterior roof and facade repairs and LL11 and place this money into a special money market account for when its needed.

Green sells right now, look into green and energy saving areas that you can not only save money and the environment with, but it create great bragging rights because it raises eyebrows to say that you have solar power, or a green roof (these are great), or that you recycle the water from the roof drains for toilets... the windows were a great investment for Steve and can be for you also...
We have REAP Construction doing a roof deck, building windows and a front garden area for us at one of my buildings.

Adding amenities that do not cost much is another plus... storage, gym, playroom, arts & Crafts room, roof deck, etc...

~AR

I heartily agree with Steve and AR on this topic. I'd like to add to AR's note on doing things that don't cost much. This may seem petty, but it's surprising how little things cam enhance new buyers' opinion of a property. A few ideas:

-- If you have curbside trees in front of your building, fix the tree pits if they're bare or in poor shape. If you can't afford nice wrought iron railings, put some fencing or wooden borders around them. Don't spend a lot because they can be damaged easily (e.g, parking cars back into railings around tree pits). Also, plant flowers in the tree pits. This adds a cheerful, well-kept touch to the area.

-- Upgrade your lobby if it looks outdated or needs maintenance. Replace worn furniture, get new rugs or lighting, add a few live plants. The lobby is the first thing buyers see in a building, and first impressions make a difference.

-- Keep other common areas that buyers see in good condition (e.g, hallways, rec rooms). A fresh coat of paint or nice wall art helps. Also, make sure common areas are clean and bright. Paint apt doors if they have a lot of chips and scratches.

All the things that Steve and AR mentioned are important, but it's also important not to overlook the small stuff.

Hear, hear for all of the above. Maintenance, especially, is key - both above and below the surface.

And here, here's my two cents:

Much as New Yorkers value property values, they also value the feeling of being at home where they live. Good Board/Resident and inter-Resident relationships should be strongly encouraged, with clear communication, frequent or at least regular Resident social gatherings, a written and/or web communication vehicle, and attention paid to Resident concerns quickly and efficiently. Passing on information to new Residents about area take-out places, schools, wineshops, restaurants, hardware stores and grocers is a good way to make them feel at home (for larger buildings... have you tried arranging co-op/condo discounts with local merchants? a little value-added goes a long way, for both parties.) Impressions of comfortable, friendly, interesting neighbors and neighborhood, and of a good community in and out of the building, are important to buyers (it was for us, and I bet it was for you, too.)

Work with local realtors, too; show them your building before they ever set foot in it with a prospective buyer. Show off that new roof, or the new elliptical machine, or the new DVR security system, or the new laundry machines (something has to be new). Introduce them to the Superintendent staff. You want every broker possible to know your building well enough to talk about it comfortably and with first-hand knowledge; get them invested in promoting your building, and perhaps you'll have fewer undersells.

Finally, think outside the box. Always.

does it sate that additional charge for select shareholder in the proprietary lease?
i doubt it .
they could probably raise everybody $100. but not some.
do not let them in to spray if you have allergies.. even with the financial threat.

Was a specific reason stated for the new policy? Are you aware of a pest problem anywhere in the building?

Is this a 1-time treatment, or will regular visits to each apartment be required?

Do you happen have a new pest control company?

Seems that the fine is the lesser of your concerns. The best test of whether this is a legitimate, good faith effort to ensure the building is pest-free is to ask the Board if they'll allow you to instead have your apartment treated--at your expense--by a licensed vendor of your choice. If yes, you can hire a "green" firm & pursue organic or non-pesticide options.

If the Board refuses, it's time to be suspicious & dig deeper...

Check your Property Lease. Most of the time, the corporation ( the building ) has the right to inspect and perform repairs and preventive maintenance in all units. It is the shareholders responsibility to give access to any staff or contractor that the board hires to perform the necessary maintenance.

Not complying to the building rules can expose you to fines or legal action.

Why not let the vendor hired by BOD to treat building for bugs/mice into your apt. and let them inspect to put the BOD mind at rest. There is a good chance that other SH ARE having problems and it is the Corp's responsibility or at least make best efforts to ensure all SH have a pest-free home. Chances are if one SH has a problem, many more do and may not be aware of it. We had that happen in our building-some seniors couldn't hear the mice or see the droppings. Exterminators know where to look for signs of pests that you may not be aware of. We had them. It seems to me the BOD is acting in good faith and you should help them do their job without injuring your health.

Because the attempt, apparently sudden, to impose a $100 fine each month on non-compliant shareholders is suspicious...even if legal.

Because we don't have enough information to presume that the Board IS acting in good faith.

Because I've seen similar tactics used in other buildings. One, for example, had a large fiscal incentive for the Board to have apartments treated, even where there was no evidence of a pest problem.

More questions need to be asked & answered before concerned shareholders can be comfortable with the Board's course of action.

We have monthly service to spray our common areas. Fortunatley we do not have a problem. We had one incident where a "Collier Bros" person had lots of newpapers, paper bags, and cartons in the apt. We had the super remove them since this person complained of mice.Since mice do not have bones, they can slide into cartons and paper bags at will. Since we cleaned up, there have been no problems. We were worried that the mice would infest the building.

I am having the same problem in our building. Our President of the BOD is refusing to let three members and shareholders inspect our reserve account and bank statements. The last two Management Corporations we had gave us no problem with our inspections, Cooper Square in Manhatten is they are nutorious for such actions.We have hired an attorney to file an Order to Show Cause with an action that contains Errors and ommissions. Once they are serviced and appear in Supreme Court of New York, they will have to turn over all documents requested and permit any and all inspections of the books along with the daily activies. If you have a Management Company they are probably holding all the information you will need to inspect, if they do not comply find out who regulates their ethical conduct and file a complaint against them. Good luck, I know exactly what you are going through.

A certain percentage of your maintenance goes toward paying mortgage costs for the co-op; that amount is tax deductible as far as tax laws permit.

The co-op should provide you with that figure.

Consult a tax advisor before proceeding.

Does this mean that if the yearly maintenance on a coop is $25,000 and that at the end of the year you can deduct %50 percent off of your taxes, that you actually are paying $12,500 on your maintenance for any given year?

Assuming that your maintenance fees are just that - no storage fee, no fitness room charges, no other miscellaneous charges, etc. - yes.

That would be a hefty mortgage service, though; I believe our co-op's deductibility is closer to 34%.

Please - check with a tax advisor, which I am not, for complete information.

There are undoubtedly also articles on Habitat regarding this subject... read them, as well.

Jeff, yes interest paid on an underlying mortgage on the building is deductible just as is interest on a mortgage or co-op you may have personally. However, the largest deductible portion of your maintenance is most likely your share of the real estate taxes which are included in your maintenance. Real estate taxes can easily represent more than half of your monthly payment, depending on the size of your building's other financial obligations.

The co-op's auditors/accountants should issue a letter to the shareholders each year, detailing how much real estate tax and how much mortgage interest was paid per share of the co-op. Simple multiplication of that rate by the number of shares you own gives you the numbers you need for your income tax calculation. From that number you should deduct any tax rebates that you may have received as a co-op share owner, such as the co-op rebate, STAR, etc.

We also completed a windows replacement project in 2009 and the shareholders received the residential energy tax credit amount. We did not plan for this however it was a nice addition. A sample two bedroom unit received $71.9053 per share and with 140 shares; this generated a $1,500 tax savings.

Board Prez. is right, The co-op's auditors/accountants should issue a letter to the shareholders each year, detailing how much real estate tax and how much mortgage interest was paid per share of the co-op." You add both figures and multiply it by the number of shares. This gives you the total amount of your maintenance used to pay these two items exclusively.

To calculate the percent maintenance deduction of your unit the calculated amount in (1) is divided by your yearly maintenance. This percent is used by realtors in real estate listings to show the amount of maintenance that a potential buyer may deduct through their IRS-1040.

It also shows you how much of the total maintenance collected by a building is dedicated to pay taxes and interest. Example, a high percent, i.e., 65 or 70%, shows that the co-op dedicates the same amount of their total collections to pay real estate taxes and underlying mortgage interest and credit lines if any.

Hope this helps!

AdC

seriously.

Consult experts in soundproofing your ceiling and get costs.
Look at your condo documents for habitability warrantees.
Consult a lawyer on how best to move forward with the condo board re: paying for soundproofing.

My neighbor hired contractors to rip out the ceiling above his bedroom and blow noise-attenuating insulation in between his ceiling and his upstairs noisy neighbor's floor. It didn't help much. You need to get an expert--Bonnie Shnitta is an acoustician who can probably help you. She's based on Long Island. Good luck, it's awful, I know.

in all reality the 80 percent carpet rule , usually means little as far as noise reduction . Unless the rule specify the type of carpeting and pads etc.
a cheap paper thin carpeting with no padding is not going to stop that kind of noise. I doubt it would stop any noise.
i think the only way to approach it would be to put an acoustical ceiling on your ceiling, it sucks, cheap thin carpet will probably meet the requirement of the board and house rules.

Moving--in addition to being an extreme remedy--isn't guaranteed to bring relief. What will you do if, after you suffer that expense & inconvenience, you have a noisy neighbor at your new place? Repeat?

Noise rules are notoriously tough to enforce, but floor-covering rules are not. Pressure your Board...it's their responsibility. If the managing agent won't act, the Board can replace the agent or intervene directly with the offending neighbor.

If it's still a problem--or if your Board won't act--bolt subwoofers & tactile acoustic transducers directly to your ceiling, essentially turning the slab into a speaker. Find suitably annoying bass-heavy music, & get some high-quality earplugs. You should have their attention soon.

Be prepared for calls from the agent & Board, & assure them you'll cooperate with their requests to control offending sounds if they can assure you their enforcement efforts are equally targeting all noise offenders...particularly those not in compliance with the floor-covering rule.

This requires a modest investment [buy gear on Craigslist] which should not seem extreme if the alternative is relocating.

What can the Condo Board do??

On creating a noise nuisance, it depends on how your house rules are written. The Board should in any case formally notify your neighbor that there have been complaints, & that they should moderate their behavior so Board action won't be necessary.

On the floor-covering rule, the Board should send a reminder that the neighbor must be in compliance & request affirmation that this has been or will be done. Follow up with an attorney letter advising the neighbor that action will be taken if they do not comply, & that they'll be liable for all legal costs [almost certainly the case, but check your by-laws].

Excellent advice to contact the board to send a letter. However, you need to be proactive. Start your Email Trail. Keep all of your corrospondence, and be consistant. Every day/week send an Email to the Board and your ManCo. documenting the weeks noise. and, CC --Everyone. The MangCo should recoginize that you are building a record.

If you need to contact a lawyer, this will be your proof that you have done everything possible.

EmailPower works! VP

While I can understand feeling so angry that this remedy seems like a good approach--and it actually did work with a SH in our building who was blasting music to get his neighbors attention--they were stomping on the floor above him-in another instance it started a 10 year-long Hatfield and McCoy battle in another building. If the Board doesn't produce sufficient improvements, go on and get the sub woofer!

Don’t invest time, energy and money in responding in kind. If you’re going to invest anything, invest it in solving the problem. Your management company should see that the 80% rule is enforced. If that still doesn’t help, consider http://www.apartmenttherapy.com/ny/good-questions/good-questions-ceiling-soundproofing-tips-015695, but definitely consult soundproofing professionals before purchasing: it can get pricey.

You need to write to the Board - you should have "peaceful enjoyment" of your unit. However, if this neighbor is "belligerent," have an attorney write to that person with a copy to the Board. If your bylaws say that 80% carpeting is required, you have a case.

Check the offering plan which should state when the sponsor's agent can be replaced or when the board can achieve total control over sponsor/holder of unsold shares. Get your corp attorney involved as well and as always you have the state attorney general to speak with.

first, the co op doesn't have an attorney, they use the managing agents, who was the sponsor.
the sponsor no longer has control of the building as board votes. The board keeps thinking the managing company the sponsor converted themselves into is upstanding and doing a good job, i see other other wise.
i was just wondering if it is common for coops to still use the original sponsor as their now managing agent. I would think a smart group of people would get away from the original owner.
The managing company plays rotation of incompetent managing agents. When one board complains too much, they shift the bums onto the next unsuspecting building/.
A real managing company would not keep these types of people on their payroll.
In reality , they always had control of the building, even though they gave the board seats up after the specified time frame, we are talking past 25 years now.
Now we are getting assessed for stuff that should have been covered by preventive maintenance. I will contact the AG.

I manage about 5 buildings for both the sponsor and coop and it works well even in the buildings where the sponsor owns a low level of apartments.

Unfortunately not every sponsor has a good outlook on their investment as the ones I work with so this needs to be taken into consideration. slumlord or landlord? I will not even take a building from a slumlord, but welcome the later... Turning buildings like this around is my area of expertise ...

Anyway, your in a dangerous place from a financial and liability perspective. Repairs and maintenance items must be proactively resolved and not reactively, which ALWAYS costs more. At this point, I would create a five year capital and maintenance plan for the site, create the budget to go along with it and make it happen ASAP. If the managing agent is adverse to this, get rid of them. It most definitely would require an assessment, possibly even a five year capital assessment and a raise in maintenance because obviously he money was not in operating to take care of these items in the first place...

If you have a copy of the offering plan it should outline the management mandates (which should have long expired. If your on the Board and in a position to initiate the change, I would not waste time... Feel free to contact me if you need more specific assistance..

Best
~AR

Buildings and building repairs/capital improvements all wear out over time. This is the real world basis for the accounting treatment called depreciation.

Take a roof for example, when the roof needs repair again (in the future) how is the condo going to pay for it? Not paying principal on the loan means that the condo could be relying on an increase in property values to increase borrowing power to get yet another loan. As we have seen in the last couple of years, real estate prices do not always go up. So, what will you do if you need to get the new loan the in the down portion of the real estate cycle? In my opinion, I would only rarely get a loan and not pay principal and this is not one of those cases.

You already know this loan is a bad idea, but borrowing is something Boards can usually do [check your by-laws for possible constraints], with or without consulting all owners.

Given your apparently shaky finances--inadequate operating funds, coupled with units in default--I'd be particularly eager to learn how this loan is securitized. In this climate, it's hard to imagine many lenders being eager to give funds to a condo on the brink of trouble.

Get the facts on this loan.