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Financial Reporting - DavidG Aug 05, 2009


Our issue is as follows: The sponsor is also our managing agent of a co-op in Riverdale. I am the last sale for the sponsor 2007. Upon joining the board the residential shareholders have really stepped up their game and are making changes, improvements, and driving forward a building that was at the sole mercy of the sponsor with 60% of outstanding shares (building went co-op84) with more patching and less infrastructure work.
This month we informed the sponsor of our plans to hire and engineer for a physical survey, conduct a NYSERDA audit, and implement a storage room, and garage upgrade.
We were making real progress changes like saving money in the reserve fund, making infrastructure improvements vs. patching etc – real change is hard to find.
Today - The agent has informed us we can no longer receive any cash report, rent rolls, or even advise who didn’t pay their prior month’s maintenance or any financial reporting until the third Friday of each month – this will slow us down and reduce our planning position – we like to reconcile internal books vs. the agent and ensure our cash flow can meet our set targets, money has been deposited into reserve, and bills paid correctly. – Yes they comingle our funds with other buildings.
Is this normal? Please tell me your managing agent and how long it takes to receive the monthly financial reporting?
We have come so far, and need a good comparison to escalate the issue.

Thank You all for any comments.

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First, congratulations on getting out from under Sponsor control. It sounds like you're making great progress in improving your building.

"The third Friday of each month" is sometime from the 15th to the 21st. That's a little late, but not too bad. Most management companies (including ours) aim for no later than the 15th, and are sometimes a little earlier than that. However, you should always be able to have specific questions answered almost immediately if necessary. "Did Mr. Jones in 9A ever get around to paying his overdue maintenance last month?"

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David, can you e-mail me (mblevine@ebmg.com)

Thanks.

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It sounds like David G's coop has been doing great, but now needs a new management company. They are supposed to be guided by your policies, not the other way around. Easier said than done though!

Has your coop become a member of Association of Riverdale Cooperatives & Condominiums? They might be of help. The website is www.riverdale-arc.org

Good luck!
p.s. Our monthly statement isn't sent to the Board unti the LAST week of the month.

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> Join the conversation Comments (2)


Hi David!

We usually get out draft monthly financials within the first week (we are expecting our July ones today). We have a period of comment then we get the final ones for our monthly Board Meeting, the third Wednesday. Our reports arrive in PDF format right to our email inboxes.

I hope this information helps!

Steve

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the management company we just got rid of delivered our monthly financials around the 25th of the month. Our new company has them out to us between the 6th-9th of the month.

that was just one complaint against our former company.

some others were: losing $250,000 in flip taxes--blaming the bank then finally admitting that they sent the flip taxes back to the sellers of the apartments. all but $27,000 has been recovered (one person is playing hardball and the mgt company will have to make it up).

after they were informed that they were being let go they stopped paying bills and caused a lot of ill will with vendors and contractors; because they had a board member in their back pocket they knew they were going to be terminated and promptly resigned which meant we had to keep them for 60 days instead of 30 and they demanded that extra month management fee or they would hold our records hostage.

we also found a binder with a "partnership" proposal for an outside security company to take over the security function from our in house security force.

SO THE ADVICE WAS CORRECT...DON'T ASSUME YOUR MANAGEMENT COMPANY HAS THE BEST INTERESTS OF YOUR BUILDING ...MAKE SURE YOU COMPLETELY RESEARCH (AND SPEAK TO BOARD MEMBERS FROM OTHE BUILDINGS MANAGED BY THEM) ANY COMPANY THAT YOU INTEND TO HIRE. IT WAS A COSTLY LESSON FOR US.

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David G - If your bld went coop in '84 and your coop plan stated that the sponsor had to remain as managing agent for the coop's five 5 years, then you should have gotten rid of the sponsor as managing agent in 89.

First - I'd suggest you research, interview and get a new management company ASAP.

Second - Maybe I misunderstood you, but your residential SHs shouldn't make decisions to hire an engineer, initiate bldg projects, etc. If you want their input, fine, but these are decisions the board should make.

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I want to clarify - The Board is responsible for setting policy SH can provide comments, recommendations, but we don’t allow them to initiate actives outside of board approval etc. Sorry for the confusion.

Thank you for your comments, we have a clear theme, the time has come research and move on from the managing agent. I will discuss with my fellow residential board members.

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David G - Sorry, I accidentally hit "send" before I finished my reply to you. I'd said: first - get a new management company ASAP and second - your board should be making decisions on getting an engineer, initiating bldg projects, etc., not your SHs. Picking up where I left off......

Third - As long as your sponsor is managing agent, it sounds like he'll put a stopper in anything you try to do, if you let him get away with it. If he doesn't have majority control of your board, you can hire whatever management company the board wants to hire.

Four - As managing agent, your sponsor can't tell you when he'll give you financial info or withhold info. The managing agent works for the board, not the other way around. And he should definitely not be co-mingling your coops' funds with those of other bldgs.

In our coop, we get a monthly management report with owner payments, aged payables, bills paid, funds in accounts, etc. for each month by the 5th of the next month. Also, we (the board) can call our managing agent or his company's accounting dept at any time and get replies to any financial questions, such as did Owner X pay his arrears yet or how much to date is in our reserve fund.

The coop's management agent/company works for the coop. They can advise, recommend or make suggestions, but all final decisions should rest with the board.

If you want your monthly financials earlier than your sponsor, as managing agent, wants to give them to you, tell him so. He should have been out of this role years ago.

Start looking for new management now. The longer your sponsor is managing agent and controls you, for every step forward you try to take, his involvement will only result in your taking two steps backward.

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Your reply re the sponsor as managing agent is a good one for all board members about their management companies -- especially new directors, who often don't understand the dynamics yet and think the property manager's position is the final one. Even seasoned board members sometimes let everything be decided by the property manager, actually believing (or convincing themselves) that's the PM's job. Things can get out of hand without anyone noticing (even the PM).

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Hi David
I commend you, that you joined the board a year after you purchased your apartment. Our building is 33% owned by the sponsor, and they were our managing agent until a year ago. After a long search we finally switched agents, it wasn't easy to find a good agent that would take over from a sponsor management. since then we have had substantial improvements. Our Monthly report comes on the 15 of the month, we have the option of email or hard copy sent to us. However if we ever need any information earlier they have no problem giving it to us.

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Changing By-laws - LD Aug 05, 2009


After the shareholders vote to amend the by-laws, do the changed by-laws have to be filed with the state attorney general's office?
Are there any significant expenses involved with changing by-laws - e.g. attorney fees, filing fees?

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We amended our By-Laws last year, and no one -- including our attorney -- ever said anything about filing the amended By-Laws with any state or local agency. The only fees involved were those paid to our attorney for review and advice on our original By-Laws, which hadn't been updated in 25 years.

Also, you mentioned that your amendments were by shareholder vote. That's fine, but most By-Laws allow amendment by a vote of the Board alone. (See Article XII, if your By-Laws are similar to those of many NYC co-ops.) This isn't true of the Proprietary Lease, which can only be amended by a supermajority vote of the shareholders.

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We don't have an Article XII - unless I'm missing pages. But, in any case, another section in our By-laws states specifically that By-Laws can only be amended by a vote of SH's. This seems standard, according to what a couple of attorneys told me.

Anyway, thanks for the response. It's nice to know that the amendment process is not as difficult as I was led to believe and that we do not have to file anything with the state.

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Our board announced we will be voting on an amendment but will not let us read it until the vote at the annual meeting.

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I'm not an attorney, but recommend extreme caution here:

1--I've seen amendments to By-Laws nullified because they were not properly filed [w/Dept. of State...not the AG]. The procedure is not burdensome, & is required.

2--Boards are typically empowered to modify House Rules without owner vote. I believe By-Laws ALWAYS require an owner vote to amend...usually a super-majority.

3--All By-Laws I've seen require that the content of any proposed amendment be published to all shareholders in advance, typically 30 days before a vote.

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Our building voted against an amendment three times to change by laws – management realizing they couldn’t get the power in the amendment – just sent out a letter assuming all the power – any thoughts?

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Maya - collect all of the paperwork and documentation you can, especially if you have the notifications of the three amendment defeats and the letter where the board takes the arbitrary actions. Contact the A/G's office and ask them what you should do. I am not a lawyer, but this sounds like a violation of laws or regulations regarding co-op corporation governance.

It is possible that the powers the board is assuming are different enough from what would be granted by the amendment and they are within the law for doing what you describe. The A/G's office should be able to help you with this.

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Our building voted against an amendment three times to change by laws – management realizing they couldn’t get the power in the amendment – just sent out a letter assuming all the power – any thoughts?

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Cumulative Voting - LD Aug 04, 2009


How many coops out there use cumulative voting for your board elections? I was advised by an attorney today that it may have been originally implemented to prevent the sponsor from controlling elections. However, now that the sponsor only has about a third of the shares, it may no longer be in the coop's interest to use cumulative voting. Any advice on this?

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How one coop is handling it: - sally Aug 04, 2009


This was handed out to all residents.. it is a good example.

Date: 29 July 2009

Bedbug Emergency

As you may have heard, we have a number of apartments with bedbugs. Please read this carefully so
you know what is going on. We need everyone’s help if we are going to eradicate this problem.

History
From 2006 through 2008 there were three incidents in the building, all professionally treated. We had
two incidents earlier in the year, and now have over fifteen apartments reporting bedbugs, most in the
last few weeks. The bedbugs appear to have spread vertically and horizontally.

What Are Bedbugs?
Bedbugs are small brown insects that typically bite during the night, leaving small itchy red welts.
They do not pass disease, and there is no danger from the bites, although they are annoying. A few
people are insensitive to the bites, and may not notice them at all. Here are pictures of a bedbug, and
the bites.
Bedbugs can be hard to treat, because they travel from apartment to apartment in the walls., and by
latching on to people’s clothing.
What Are We Doing About It?
We have hired specialists to come in and test for the presence of bedbugs, and treat those apartments
that have them. We are closely watching how this spreads through the building. We may ask to inspect
some non-infested apartments if it looks like they are at risk. If you want to know the latest on the
bedbug problem in the building, call Aramis or any Board member – their contact information is at the
end of this letter.
What Should You Do if You Think You Have Bedbugs? Cal; the super.
He will schedule an inspection of your apartment, and treatment if it needs it. Do not delay – bedbugs
multiply rapidly, so any delay makes the problem worse for you and your neighbors.

How is the Inspection Done?
The inspection company brings in a dog that sniffs for the bedbugs. This takes just a few minutes. If
you are allergic to, or afraid of dogs, let Aramis know, and he will work out a way to get your
inspection done.

How is the Treatment Done?
The treatment companies use either steam or freezing, plus a variety of powders and sprays to kill
bedbugs in the walls. They seal your mattresses and boxsprings in tight covers that you leave on for at
least a year. The chemicals dissipate completely a couple hours after the treatment, so there is nothing
left in your apartment that can harm you, your children, your pets, or your plants. There is a follow-up
treatment two weeks afterward.

You must wash all your clothing – yes all of it – in hot water and a hot dryer, or send it out for dry
cleaning.
As treatment covers your entire apartment, it helps a lot if you can de-clutter the apartment
beforehand. The Super will send you detailed instructions when he schedules your apartment for
treatment.
What Does It Cost?
Nothing. The co-op pays for all inspections and treatments.
How Do You Treat the Bites?
Normally, the bites itch for about a week, and gradually go away. Cortisone cream can reduce the
itching. Some people report a mild allergic reaction, with puffiness or swelling of the skin around the
bites, and anti-allergy medicines, such as Benadryl, can help with this. Of course, check with your
doctor first, especially if you are thinking about medicines for your children.
Can You Treat Your Apartment Yourself?
There are products on the market that claim to be effective, but we urge you to report any bedbugs to
the Super and let the building do the inspection and treatment. Bedbugs travel from apartment to
apartment. If you use a treatment that is not effective, you may end up making your problem worse,
and the building’s problem worse as well.

What Else Do You Need to Know?
If you suspect bedbugs in your apartment, take care not to spread the problem to your neighbors.
Here’s how:
• If you need to remove any furniture or clothing from your apartment, call the Super and he
and our staff will help you do it.

• Do not put any furniture or clothing out in the hallway.

• Anything you remove from your apartment, such as trash, old clothing, papers, etc., must
be in tightly sealed bags.

• Call the super who will supply you with heavy-duty clear plastic bags to encase anything
you need to remove from your apartment.

• Also use the bags to encase any clothing you cannot wash before your apartment is treated,
and use fresh clean bags to encase clothing you have washed.

• Do not reuse the bags for anything! Once you have used the bags, let the Super know, and the
building staff will remove the bags from your apartment.

• If you are returning from a trip, check your luggage for hitchikers.

> Join the conversation Comments (2)


That dog who sniffs for bed bugs in my opinon is a sham.
the dog is trained to smell blood residue which is blood, what bedbugs need. But a women who has a her period and could leak on her mattressor clothes, the dog could pick that sense up and mistake it for bed bugs. Also bed bugs do have a scent that these dogs pick up, so if the apt adjacent to yours has bed bugs and the dog comes into your apt the dog can pick up the scent of the bed bugs and bark or point or do what ever it is they do and FALSELY imply that you also have bed bugs. I know this because I work as a Resident Manager, and i have seen this scam in action. Use a professional exterminator such as CORBETT who is wonderful and is a hell of alot cheaper then the dog scam.

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do NOT use Corbett - they are spamming this website.

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How do you fight this scourge when the infested residents don't care and use the communal laundry room and the board will not intervene.

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Fios - Board Help Aug 01, 2009


Interested about hearing about your installation.

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Sidewalks - Board Help Aug 01, 2009


Has anyone recently replaced their sidewalk? If you had a positiver experience, can you please identify the company and your address.

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We are just finishing with some sidewalk repairs which came about as a result of some violations. We are using the same company that also recently refurbished our parking area - City & County Paving Corp (www.cityandcountypaving.com).

They did great work for us the first time and they are doing great work for us once again.

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try A.P.A. Restoration Corp.

www.aparestoration.com
718 545 7510

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We used Jerrick. Nice job.

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Bulbs - Board Help Aug 01, 2009


Has anyone installed LED bulbs in their building. If so, please share your experience.

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Our building started to use them in certain areas, they work great and I hope to change the others when they are available.

Call Manhattan Bulbs (646) 996-7928 and ask for Andrew

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We started to but never finished. They are great, they don't give off heat and they are extremely energy efficient. You can call Aaron at 866-532-1666 to set you up with the proper product.

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Laundry Rooms - Board Help Aug 01, 2009


Has anyone recently renovated their laundry room. What type of machines did you use and what company did the work? Not interested in any negative comments about laundry Co.'s

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Maytag machines, Hercules Laundry Company

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WARNING!! Stay away from COINMACH!!!

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Our experience was mixed for our 111 unit co-op. We used Service Directions for our two rooms which they renovated. We pay approximately $1,650 per month for 6 small and 3 large washers (Maytag), and 12 gas dryers. We get the income from the card machines (legacy of former 80/20 considerations). We are at a loss position thus far with the lease expense exceeding the income (not even adding in the utility costs).

We very much liked how they upgraded the rooms. Service has been good and the dryers are great too (our porters clean the rooms daily). Shareholders are having difficulty adjusting to the HE machines (they recycle water) and need HE detergent. I have noticed that without a load that has bleach (Clorox) added recently, the water in the recycling tank can get 'funky'. So I do whites first. The residents complain that they don't clean as well as the former machines. They don't come with a pre-wash either (it says pre-wash on the machines however the machines go directly to the wash cycle). So now, some go down the street to a lower priced shop. We were also forced to add sprinklers to the rooms too.

I hope this helps and good luck!

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The Maytag small washers are front loaders w/o a see through portal. Some shareholders didn't like this as they wanted to "see" the machine work.

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I agree we had problems with coinmach and now use Hercules, they revamped our laundry room using a lot of imagination. The problem (for many)is the card system. Many do not have credit cards or credit and some just do not like the card system and they go to the local laundromat instead.

I love the card system but have to be very careful not to loose the card but that goes for Metro cards!

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you need a card machine inthe laundry room that takes cash. it is very weird that herculeus supplies one that only takes credit cards. here is how it works: you put in cash: out comes a laundry card with that amount of credit on the card (it is not a credit card)

make SURE the laundry company you choose renovates the room and supplies tables chairs etc and pays for it.

also make sure to get the most energy efficient machines possible - sideloaders NOT top loaders.

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Habitat Magazine has a good article about negotiating a new contract with your laundry company (do a search on its website). To get or keep your account, a company will typically redo your laundry room & put in new machines, but it's important to have oversight of those plans.

Our revamped laundry room wound up with stacked machines that are too high for many to reach into. The machines we had before were stacked also, but a better design. We also lost our clothesline for hanging up things, and all the lint flies out of the dryers onto our pavement. There's gotta be a better way!

Good luck!

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storage area - access and property reponsibility - st Jul 29, 2009


our building has a storage area and the house rules say the coop is not responsible for items. HOWEVER, recently, they put a lock on the door accessing this area. I believe that the fact the coop now has placed a lock there - that this may change who is responsible for any vandelism /damages to the items despite the house rules.

anyone?

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Few questions:

Do you rent out the storage space?

Are there lockers that are locked, or just a central room where everyone stores their belongings with one central door that is now locked?

Do you have an agreement or a license to place your items there?

Who has access to the key for the lock? Just the employees, or all people with storage space?

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the strorage space contains loose items mainly air conditioners. it also has individual lockers rented out with individual keys to them (owned by the renters of the lockers)

the key to the entire area is avialable to residents who must sign for it each time and also the staff who does not have to sign for it.

the items in question are air conditioners.

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These are interesting questinos. We have one room, alternatively referred to as the recycle room or package room. It's also where bikes are stored and the supt goes through to get to his workshop. There's a lock on the door but much of the time it's left wide open with a door stop. Everyone living in the building has a key, as well as people who have moved out and took their key.

Delivered packages and discarded items are all left on the same table.

We depend on good will and good luck and it works most of the time!

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I cant connect via the link since I have yahoo.

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> Join the conversation Comments (1)


As requested- mblevine@ebmg.com

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THANKS

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NYISO Curtailment Today - Steve-Inwood Jul 28, 2009


are these announcements common?

"NYISO has issued a notice that they WILL be having a one hour mandatory event call (reduction of electricity) per ECS' Demand Response Program for TODAY follows...

DAY: TUESDAY DATE: JULY 28 TIME: 2:00 PM - 3:00 PM (1 Hour)"


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