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Parking list - west cty board member Jul 27, 2009


Our coop has been using the closing date to establish the parking list order. There are shareholders that want to change from an indoor to an outdoor and vice-versa. How have others handled such a situation and how does one keep a list where we have to painstakingly have to cross reference who wants what?

PS a board member upon hearing that an indoor space became available, wants the space. Advise!

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Simple, board members are first and foremost shareholders, thus no special treatment e.g.: one can’t go to the head of the line. Butt out!!

Keep each of the lists in date of application sequence. Yes one for each parking area, e.g.; indoor upper, indoor lower, outdoor front, outdoor back, etc.

If a space becomes available in the indoor upper area, offer it to the shareholder on the top of list. If the shareholder declines, offer the space to the next shareholder, and so forth. The shareholder that declines goes to the end of the list declined with a new date, the date of offer and decline whichever is later.

Same goes for all the other spaces.

In this case a shareholder can be on all four lists. Having accepted any slot in one area, the resident remains on the other lists, untouched.

If one accepts an indoor upper space one can be still listed on the other lists. If the shareholder’s name is the next selected on any otherlist, the shareholder can either accept or decline (e.g.: go to the bottom of the list).

Even if the shareholder accepts a spot, e.g.: upper indoor, the shareholder can still go on the same list (bottom of course) in hopes of a better location at a future time.

Date of purchase has no meaning; only the date of application for one or more lists.

And, most importantly, a board member may never see the list, nor can the building manager reveal the contents of the list. Yes, the building manager must be trustworthy.

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The date of closing should have nothing to do with the garage list. In our building it works on a first come first serve basis. You send a request to the managing agent and they put you on the list. When a spot becomes available the agent calls the next shareholder on the list. it doesn't make a difference if you have an indoor and outdoor if you wan tan inside spot you go on the list when you request. if no shareholder wants the spot than we can give it to outsiders.
The best is if you have your managing agent take care of the list so you don't have to get involved in any scuffle between the shareholders

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Using the closing date is the only way to ensure the accuracy of the list and a fair process; otherwise you are always dealing with the human error factor.

The suggestion of multiple lists is clumsy and I believe is a waste of time for your managing agent. We maintain a single list and publish it on a regular basis. Shareholders are added to the list on request, using their closing date as the date of record. When a space becomes available, they have a period of time in which to accept or reject it. We will try to accommodate justifiable special requests, such as those for handicap access, but otherwise it's strictly a take it or leave it offer. Bottom line - keep it clean and keep it simple.

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Our coop has 2 lists: the first is to get into the garage, according to the date a person asks to be listed; and the other for people already inside who want to switch parking places when one opens up. The latter has recently caused a fuss because an "insider" felt she should have first dibs to the space because she parked inside longer than the other person who asked for it (but who asked for it weeks earlier). Has anyone dealt with this situation before?

Also, does anyone have experience with shareholders who have left their name on the list, but have moved & kept their apartments? Some here firmly believe they should be offered the spot when their name comes up even if they return once a year. (Our waiting list averages 10 years). The rationale is that the shareholder might move back (and that does happen). We now have 3 people who have moved and have been offered a spot & turned it down, but their names stay at the top of the list.

I'd appreciate your input.

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That's exactly why we only maintain one list. As I mentioned, we will try to accommodate extenuating circumstances but we will not shuffle people around every time a spot becomes available. That's also why we use the closing date as the date of record for the first request to remove any doubt as to who was first.

Another requirement is residency. Shareholders can live anywhere they want in the interim, but once their name rises to the top of the list, they must show proof of residency as part of the parking agreement by submitting a copy of Page 1 of their NYS tax returns with our address as primary residence. Also, their car must be registered in NYS with our address as the address of record.

Finally, if a shareholder is offered a spot and turns it down, their name comes off the list. If they wish to re-apply after refusing the offered spot, the date of record becomes the current date.

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So that I understand and believe that we are following based on closing date... if a sh currently has an outdoor space and would like an indoor garage, it would be offer to the sh (when their names comes up on the list) but AFTER we have proceeded down the list to the next waiting named sh and their decision th take the apce indoor or out. They problem that we have is that when we have to go back up the list, who really knows to ask if one want an alternate space rather that simply moving down the list till it is exhausted. Comments!

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You can have a fair system whether you maintain one list or multiple lists. It's something that needs to be tailored to your building. How much work are you willing to put into designing and managing your queueing system? Do you have enough disparity of resources to make multiple lists worthwhile?

For indoor vs. outdoor spaces, two lists seems like a good idea. A resident who wants a space can -- and probably will -- be on both lists. When a space becomes available, the person on top of the relevant list will be asked whether they want the space, and whether they want to remain on the other list. It doesn't matter whether they already have a parking space: if they do, they have the option of switching to the newly available space. If they decline the space, they are removed from that particular list, though they may choose to try again from the end of the line. Their queue position on the other list is unaffected.

There's also the issue that people in general are lousy at math, much less queueing theory. (I've gotten into arguments with people who honestly believe that the provably inferior "One line per cash register" algorithm is preferable to a single queue for the next available server.) You need to ensure that your system is easily understood and *perceived* as fair. If it's too complicated, people are going to suspect unfairness even where none exists.

Finally, I don't agree with using closing date to determine queue position. Suppose Mr. A moved in ten years ago and never wanted a parking space. Mr. B moved in nine years ago and *always* wanted one. One day, Mr. A has a change of heart and suddenly vaults ahead of Mr. B, who has been waiting patiently for almost a decade. How is this fair?

I don't buy the argument that closing date is the only reliable way to validate ordering. At the time the request is made, have the managing agent mail back a formal reply on letterhead stationery, noting the date and time that the person was added to the queue. A resident can use this receipt to establish priority, if necessary. Publishing the waiting list(s) on a regular basis would also help: people will know their relative position, and disputes are less likely to occur later. If someone sees that they are missing or misplaced, they can straighten things out long before they get to the top of the list.

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I agree with CDT about not using the closing date as a criteria for a spot on the parking list. When a person wants to get on the parking list, they notify the property manager in writing. We distribute and post the rules so everyone is aware of them and we also post the list so people can easily see where their names are.

However, shareholders are asked over & over if they want to get in. They just stay up there at the top of the list even when they don't use this as their primary residence. One non-resident without a car was even allowed to stay at the top of the list. !?!?!

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Thank you very much, Board Prez, for your reply. The residency requirement is a major matter, and your other response about turning down a spot is particularly apropos. The other criteria I'd like to see on the registration is that that person owns the vehicle.
We try to accommodate all the shareholders, but it can get out of hand, too. I'd like to see set of rules applied to everyone.
Thanks again.

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Thank you to "Board Prez" as well

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So ya think the IRS 1040’s & other Fed documents are phoney - Harvey Jul 25, 2009


Sometimes the two year tax forms submitted by an applicant just don’t smell right. Yes, the forms are signed. But, in this day and age, with a tax preparation software package, one can easily manufacture a “nice” tax package in a matter of minutes.

Sure, the 1040 can be signed!

Who’s the wiser?

Just ask each applicant (yes, each to avoid a discrimination suit) to submit a completed IRS Form 8821, Tax Information Authorization naming the co-op corporation as legal “Appointee”

Visit:
http://www.irs.gov/pub/irs-pdf/f8821.pdf

Neat, huh?

We use this form for every package and surprise, surprise no more smelly applications.

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Co-op "affairs" - BP Jul 24, 2009


A friend (a coop board VP) called last night with an odd question, and I didn't know what to tell her. It's a bit of a long story.

Her married super is having an affair with a married SH ("Mary"). A few months ago, Mary told my friend in confidence it's been going on over a year, they're very happy, etc. My friend told her fellow board members who all just wanted to stay out of it.

A SH e-mailed the prop mgr that she saw Mary and the super exit a restaurant last weekend holding hands, kissing, etc., said this is very inappropriate, and wants to know what the coop is going to do about it.

The surprised prop mgr asked the super who denied it. My friend's board hasn't told the prop mgr they knew of this. He told the SH the coop knows nothing and the super denies it but the SH has told everyone what she saw last weekend. A few SHs even asked Mary who denied it but it's caused a building uproar (125 units). Yesterday, Mary asked my friend if she revealed what she said in confidence and my friend swore she told no one.

Mary's husband and the super's wife are very upset over this, and Mary and the super both deny to their spouses that it's true.

The prop mgr still doesn't know my friend and her board knew about this, so they're in a very awkward position now.

My friend asked me what to do but I wouldn't advise her. I think she and her board should just let rumblings die down. Btw, she said the restaurant where the SH saw Mary and the super is nowhere near their coop. As long as the super is doing his job and not causing bldg problems, this is his (and Mary's) personal business.

Anyone have any comments/suggestions? I've been on my board a long time but I've never run up against a situation like this.

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I don't know about the board, but I'd say Mary's friend is a vile, gossipy busybody and no friend at all. Friends don't tell other friend's secrets.

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Anon - I understand why you think my friend is a "vile, gossipy busybody" but she isn't. I've known her for years. She said when Mary told her about the affair with the super, she told her board because she didn't know where this might go. At the time (about 6 mos ago), they dropped it and didn't tell anyone else about it, and still haven't.

If the SH who saw Mary and the super in a compromising situation at a restaurant last weekend didn't tell everyone in the bldg about it, this wouldn't be an issue. If anyone is a loose-lipped gossip, I think it's this SH, not my friend.

I don't know anyone in that coop except my friend. I just wondered if any posters here had any ideas on what the board there should do if this doesn't die down on its own.

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Stop talking about it -- and it will go away!

Sounds like two people are trying to stir a tempest in a teapot... and should mind thier own business..

Legally, the Super or SH have done nothing wrong or to harm the Building. AliceT

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The Board's job is to abide by the responsibilities dictated by the governing documents. I know there is nothing in ours about this, and I doubt it exists in the docs of any other condo or coop. Stay out of it. And ask you friend to leave you out of it. Board business is time-consuming enough.

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Unless moral turpitude is involved, stand down, back away and drop it.

The behavior defined may go against one’s mores, but that’s not the value that tips the scales against the superintendent.

Whoever started any of this dialogue at the co-op needs to be smacked for disturbing the peace.

Tell the rumor (nay story) mongers to go about their lives; there’s more important agenda in the world.

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I agree - the board has enough to do without getting involved in personal matters. Your concern with the super is that he does his job well. Don't give life to the gossip.

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Real Estate Finance Changes to Condo's and Cooperatives - Richard Russell Jul 23, 2009


It should be know that Fannie Mae and Freddie Mac, who buys the bulk of both conforming loans, those under $417,000.00 and 'agency jumbo loans' those up to $729,750.00 have changed dramatically and some cooperatives, in paticular, no longer meet the requirements, as shareholders and for underlying mortgage refinance. For example there is now a minimun reserve requirement for small building, those under 10 uniye. In addition the require for BusinessIncome\Rental Value must be not less that the annual maintenance. That, most cooperatves do not meet so, the builings are being declined.

There is more

It may be worth your asking your atttoney, banker\broker.

Richard Russell
Pres\CEO
www.richlandequity.com
212-681-9888

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Management Company for small condo in Manhattan - Steven Jul 16, 2009


Does anyone in the Village/Chelsea/Murry Hill area have a good management company recommendation for a small condo? We've reached out to some companies and their minimum fee is $30K/year.

We're looking for a great company willing to service our smaller condo (20 units) for a reasonable price that is doing an excellent job for other buildings in the area. All help appreciated.

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There are companies who start at $15K plus charge per unit. Habitat do an annual report around Jan. each year and it lists management companies and their pricing policies not all are listed. $30K is certainly too much for a 20 unit building.

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We're in the middle of a search for a new managing agent ourselves. One of them told me the range was usually $500 - $900 per unit. So for 20 units, you ought to be able to find under $30k! We're a 40 unit building and are only looking at agents under $25k (and are finding plenty--based mainly on the Habitat Survey but also from asking around of friends in other buildings and real estate agents, for recommendations).

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We maanage a number of coop & condos in the West & East village, our minimum is $1000 per month or $12,000 per year, we are based in the upper west side and would be happy to talk more to you about our serrvices or even come down to meet you and the Board &/or do a walk through of your building and do a free analysis of your buildings standing via NYC permit/registrations/billing etc. Call 212-799-2365 and ask for Carl Borenstein or Jimmy Maistre, we have refrences available for you as well.

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This ad sg should be deleted as self serving crap

Obnoxious!

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On it. Thanks for noting.

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Our apologies. Still working on it. Tech things cropping up.

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I'm Mr. Manager in the blog section of the site. The company that I own has a division in the city with an office on Bond Street. If you e-mail me I'd be happy to give you more specifics.

Mark

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Try contacting Ira Meister at Matthew Adam Properties, Inc.(212) 699-8900 They do a great job in managing our building and very professional.

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Hi Steve,

We use Blue Woods up here in Inwood and they have a 28th Street office too. We like them a lot. Not sure if they have a minimum fee. Call Don Wilson (owner) or our Manager, Justin, to get contact information for that local office at 718-549-7036.

Good lock :)

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Call Impact Management
We have a 14 unit coop in NYC. They are great.

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Hi Steve
we have a phenomenal company who does terrific management. The company's name is David Eisenstein Real Estate. I know they manage buildings in your area. Our building is 24 units and their fees are very competitive. Give Harry a call at 212-582-9080 and you wont have to look much further!!
If you have any questions feel free to respond.

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The purpose of the site is to assist board members with their co-op and condominium building's. I do not believe the site is intended to be used for self promotion or negative statements. Clearly, since no one shares their true identity, Management Firms can promote themselves or make negative comments about other firms. Truly sad and cowardly.

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Bren Management is an excellent company. Their number 1-212-681-1602. It just so happens that their president has a video on the front page of this website.

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Conflict of Interest - newbie Jul 15, 2009


The new board of directors of my coop recently voted to rescind the monthly fee for use of our bike room. Every one of the current board members stores a bicycle in the bike room. Since each of them has a personal financial interest in the matter, are they barred from voting on it?

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No.

Board members are shareholders in the corporation, right? If you applied your argument to anything financial, the Board would be unable to act. They couldn't set a budget, approve an expenditure, or change the maintenance fee.

Since there was a bike storage fee in the first place, it was the Board that voted it in.
The Board -- any board -- is charged with setting the policies of the business it oversees. If the Board doesn't vote on bike storage policies, there will be no bike storage policies.

On another note, I have to say that it's refreshing to see someone here complaining about a fee being eliminated!

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Harassment: Rent control/pets - vp Jul 15, 2009


Anyone... Last year we passed new house rules that will limit the number of anamils to three... but we have an elderly, rent-controled tenet who has about eight-nine cats. There have never been any complaints nor is there an odor... Yet,the owner of her apartment has been served with eviction notice unless she gets rid of her cats.

There is a law stating that if there are no compaints for three months from the owner/landlord -- the cats are automatically legal. This complaint/eviction is new, the rules were passed last year -- so this would apply to her. But we were told that there is another law protecting rent-controlled tenets from this kind of harassment.

Anyone know of this law?

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Assuming that the cat lady has owned her cats for a long time, the Board is completely in the wrong. Rent control isn't an issue. Once a tenant has openly owned a pet for three months, there is nothing that can be done, and changing the House Rules doesn't alter this fact.

It doesn't matter when the House Rule was passed; that's a red herring. Otherwise, all a Board would have to do is periodically change the House Rules to allow pets for a couple of months, then change them back and claim that the three-month clock started with the passage of the "new" rule.

http://www.dhcr.state.ny.us/Rent/OpinionLetters/COL-1552.htm

"Where a tenant in a multiple dwelling openly and notoriously for a period of three months or more following taking possession of a unit, harbors or has harbored a household pet or pets, [...] such lease provision [prohibiting pets] shall be deemed waived. ... It shall be unlawful for an owner or his or her agent, by express terms or otherwise, to restrict a tenant's rights as provided in this section. Any such restriction shall be unenforceable and deemed void as against public policy."

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Responding to my own response: It looks like there's one provision in the Pet Law that might be of use with someone who has a jillion cats:

http://www.dhcr.state.ny.us/Rent/OpinionLetters/COL-1552.htm

"The waiver provision of this section shall not apply where the harboring of a household pet causes damage to the subject premise, creates a nuisance or interferes substantially with the health, safety or welfare of other tenants or occupants of the same or adjacent building or structure."

Again, this has nothing to do with House Rules. If there's a substantial health or nuisance issue, other protections kick in.

(I'm not a lawyer; please consult your own!)

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You are on the right track CDT. You can file a complaint with 311 for unsanitary conditions such as smells, improper disposal of waste etc. They actually send an inspector around to investigate We've had success with this approach as it also gives you a paper trail. Good luck.

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Hi,

We have a similar elderly lady in our co-op (she rents) who had many cats. We don't have a rule limiting the number of cats but it was obvious from the smells that she was having trouble caring for them well.

The various 'extra' cats were parceled out to good homes within the co-op and she is down to 3 or 4. I am not a lawyer however my personal opinion is that no Judge would throw out an elderly lady for this rule especially is the cats are being well maintained and existed previously.

Steve

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Gas Grills - Steve-Inwood Jul 12, 2009


With the renovation of our garage roof (courtyard shareholder space), our Board is considering professionally installing a permanent gas grill (gas line – no tanks). Would anyone know the legalities of this or have any experience with how to allow shareholders to use this?

Thanks!

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Here's the FDNY page on BBQ's:

http://www.nyc.gov/html/fdny/html/safety/barbeque.shtml

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so MUCH fun. you have to love life!

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Oil Price Lock In? - DG Jul 08, 2009


We have never locked in our fuel, and have been informed by our managing agent that the they don’t participate in fuel lockins...
That said, the boards independent review has shown us that a lock in good be a good management tool and hedge against a rise in prices, while the downside is there, we feel it’s limited considering what we paid the last two years.
We are now considering a lock in for 5mos to lock in this years heating budget which is lower then the last two years by 50%+. What are your thoughts and or feelings and experiences?
Some other interesting notes – we are a small co-op 58 apts that uses about 48K gallons a year with about 20K required for 09 at this point. Residential board members are inclined to move forward, sponsor has indicated they have no interest and would vote against a lock in.

Thank You all for your responses in advance.

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I've locked a few of my clients in during the past winter and we were able to see a significant savings by entering below market. It is a risk to take, but at the very least you are locking in your budget and aren't subject to the fluctuations of the market. I would competitively bid it out between a few companies to see what the market is calling for now. What # oil are you using? Have you also looked into converting to an interruptible gas burner as well?

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We currently use #6, and have several requests for proposals for NYSERDA partners to conduct an energy audit and upgrade. The resident board members and owners are for a possible upgrade and energy savings, but have hit strong resistance, sluggishness from the sponsor/managing agent on the entire heating oil process.
If we can realize the savings from the heating budget for the remaining 09 year, the plan is to redirect the savings to further the NYSERDA study and planning.

This is one of the two options, the other was to create an oil bidding program, however the managing agent/sponsor has already dked this idea as not feasibly possible from an operations standpoint on there end.

Thanks for the comments.

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Is this a sponsor controlled Board or a Resident Shareholder controlled Board?

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With a lock in you are either the hero or the goat.

There is just no such thing as clairvoyance in regard to the price of fuel oil.

What a lock in will do for your building is give you budgetary insurance, no more no less.

As an alternative you may also wish to consider an agreement with your supplier on a cap.

Best of luck.

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fines re: house rules - janies Jul 07, 2009


We didn't put it in. This is part of the By-Laws/House Rules put together by lawyers for the sponsors. Everyone signed off on these documents at closing. We are not shareholders so hold no leases. Both our By-Laws and House Rulkes are binding. The only difference is that House Rules can be ammended by the Board without consent by the owners but no ammendments were necessary. I suspect the limitations you mention pertain to coops but not condos.

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