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Mouseproofing Walls - boardnewbie Apr 08, 2009


I am on the board of a 10 unit co-op. I have a very bad ongoing mouse problem for six months and the exterminator suspects there are holes behind the kitchen cabinetry that are allowing the mice access. We're talking about several mice every week and some die behind the cabinetry and smell fierce for weeks.Is it the co-op's responsibility to pull out my kitchen cabinetry and repair holes, put cabinetry back? This is a costly process and I am told the cabinets may not make it through the repair because they are old. However, that wall must be fixed to stop the mouse problem. clearly is what must be done to stop the rodent problem. This is the original kitchen that came with the unit when I bought.

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Have your Handyman or Superintendent pull out your stove and see if there any openings. Also underneath the sink and dishwasher. Have them plug the holes with steelwool (not brillo pads.

That should take care of your unwanted guests.

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What is necessary for refinancing my coop
apt. Any money to pay the corp? Thank you

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I would say that the co-op does the work of preventing mice by using exterminator, providing glue traps, making sure that basement doors and holes in basements are all mice proof, i.e., sweepers installed on doors of boilers, mesh on any openings or windows in the basement areas, etc.

Now, the walls behind the kitchen and moving cabinets happen to be the shareholder's responsibility to move. Consequently, should the person wish to eliminate potential areas of entry into the apartment, then he/she has to do their work. Similarly, all baseboards must be checked by the individual as well as closet areas. Why the co-op should absorb the total responsibility for finished walls in apartments, even behind cabinets, that is beyond my comprehension.

Good luck

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Need some cost feedback for ADA type wheelchair lift - Willey Apr 05, 2009


Our indoor garage requires a resident to traverse about 16 steps to gain access to the elevator lobby from the garage level, about 10 vertical feet.

We think we can fit and install one of the indoor commercial building wheelchair lifts. Internet searches show models that can support 750 pounds.

Has anyone had the opportunity to install one?

If yes what costs and challenges have you faced?

If yes, do you allow any resident to employ the lift?

How do you keep children from using the lift, unless handicapped?

Yes, we'll engage our outside elevator consultant but I wanted to obtain some sage feedback beforehand

Thanks much.

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Given the change in height, one level to the next, a ramp is impossible.

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Office Supply Store - secretary Apr 01, 2009


Can anyone reccomend a business that will sell me an embosser? You know, the kind for a corporate seal.

Sounds like a stupid question, I know, but I've tried two places and am tired of the run-around. The first store sold me a shoddy embosser--and refunded my money--and the second won't return phone calls a month after I placed the order.

Preferably in Manhattan or someone whose reliable on the internet.

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Doesn't either your lawyer or property manager have the official corporate seal?
Ours keeps it in a safe, I believe....

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New one is needed.

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try quill office supply

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New Super's Salary - Dana Mar 29, 2009


Our superintendent of over 30 years retired, and the new man -- previously working elsewhere as a porter exerience but NOT a super, was hired at the salary of the man with 30-years of longevity. This is Local 32BJ of SEIU in the Bronx. Would someone please let me know, can this be accurate? Thank you.

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I believe the current 32BJ contract has some guidelines for new superintendent's salary. It's a matter of consulting the contract to find out. As a board you should have interviewed the person and probably knew his salary demands. If the salary requested was far above the guidelines of the union and you complied, it meant that you felt the person is pretty competent and capable of fulfilling the expected responsibilities of the position for the salary demanded or you just fell in love for the man.

AdC


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Thank you very much for responding. We were told by our property manager that any employee replacing our retiring employee had to be offered the same salary, and so he was hired at that amount. The question has come up since that time. The Union contract posted on the internet gives hourly rates. I believe that I've seen in the past that a new employee would receive the same salary unless the outgoing employee was receiving a high salary due to longevity.

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I'm not sure this advice was entirely accurate.

If the super's salary was based on both longevity and skill level, and you hired someone who was a porter and had never before been a super, with much less work experience, I believe you could offer a lower starting salary.

Did the property manager get the advice from 32BJ in writing?

It's probably too late to make any changes at this point...

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Advice? The Board is ultimately responsible, and because of the mess our MA made in our building, we have now learned that, no matter how much you like, or how good they are -- too often the ManAgent takes the easy way out... and also, tends to try to get the best deal for the staff -- as oppose to the SH.

Our MA tried to get us to sign up for a $6000 parking perk... claimed it was "Industry Standard", we did a survey and found out this was not true.
Boards have to be more responsible and do thier homework.

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Alice, thank you -- I agree, and have heard stories about other PMs before. It's up to the directors to be on top of things, but too often everything is left to the PM ("that's her job") -- rather than keep alert or set the policy for the PM carry out. One of the new directors didn't know that the PM was hired by us, rather than the other way around, so didn't question anything, lest the PM be "upset". (The salary was one of these issues.)

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If the superintendent you had was making say 45K base, then the new superintendent gets the same salary. Some buildings pay their superintendent a base salary and after that they give him a weekly bonus of say $50 to $100, that money the new superintendent does not get until he earns it or the Board awards him with it.

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Thank you very much for that clarification. Sometimes it's not easy to get to the heart of a situation, but Habitatmag's Board Talk is a real help. Thanks again.

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32bj/670, etc will ALWAYS tell you that this needs to be the case. This is their desire, not law or mandatory protocol.

I had a 32B super retire 2 years ago in an UWS building and they wanted my new super (who was also previously a [non union]porter in another building)to start at the same salary. I negotiated it down to almost 1/2 that.

It is the managers job to continually negotiate the contracts with the union delegate/rep.. not just upon hiring. Unfortunately, most just take the suggestions of the union rep as law and abide by their demands.

~AR

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Thank you -- this is good to know. You did a great job! With all the other contract benefits our live-in super gets (such as free rent, phone, etc.) one would think a person employed with no supt. experience would not automatically get the same amount as a long-term supt's salary. It doesn't happen in other fields of work, and it doesn't make sense it would happen here. Thank you again.

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As Superintendents/Resident Managers we have been complaining to the Union for years that this is wrong! But they said it was the policy.

Just like the Superintendent/Resident Manager has the same Union Delegate as the doorman, porter & handymen have. When you write up a employee and have to go to arbitration we both have the same Union Delegate for both of us? You figure that out.

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J-51 - Susan Mar 27, 2009


If a co-op is currently receiving a 17.5% real estate tax abatement under the City's Co-op/Condo Partial Tax Abatement Program, can it also receive J-51 exemption and/or abatement benefits for capital projects?

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I do not believe so; however, you should check with a j-51 attorney... I do know that there is one on this site who responded to a recent inquiry by me.. search it and call him for the most accurate answer.

~AR

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http://www.nyc.gov/html/dof/html/property/property_tax_reduc_coop_condo.shtml

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Hallway Carpeting - Matt S Mar 27, 2009


I have a 6 floor 45 unit RENTAL building. The floors are in need of updating I am seriously considering installing high quality carpeting (or carpet tiles) in the hallways (excluding the lobby).

I say it is a rental because renters treat a building very differently than condo and coop owners who take pride in ownership of the building and thier unit - renters don't care and simply expect to be taken care of no matter the abuse they dole out.

My question is how many of you have carpeting in trafficked areas and have you had problems with it as far as wear, discoloration, odors, stains etc.

How difficult is it to maintain and does it pose any special problems or care that the dealers may not be telling me about.

I am familiar with linoleum floor care and the constant need for sweeping, mopping and the twice annual stripping and re-finishing that is required...

Thank you in advance for any help,
-Matt-

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Hi,

Our 22 story (550 residents) building is “T” shaped and after one leaves the terrazzo elevator lobby area on a floor the three hallways (north, east and south; 22 x 3 = 66 hallways) are fully carpeted. Each wing has about the same population of apartments.

We shampoo each hallway at least once a month with our porter staff.

We vacuum each hallway at once a week.

We picked a carpet pattern that can easily be repaired.

Though we have warned residents and their help staffs not to employ liquid bleach, we still have ignoramuses that ignore the “warning”.

So at least once a quarter, somewhere in one of the 66 hallways, we have a bleach spill.

In turn we call our carpet dyer to fix the “white” spots. In general, we have been very successful with our “dyer”.

Where we can identify the culprit, we ask for reimbursement.



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Our 83 unit co-op offers free bleach in the laundry room to help prevent accidents as wash is carried through carpeted hallways. Costco is cheapest supplier. Never thought of calling a "carpet dyer" for the small spots we have from earlier years. Thanks, BoardTalk, will now investigate.

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We had a few buildings redone recently.
In one with carpeting, the carpeting was replaced when the contractor did the lobby & hall restoration (the building did not want to do without it once they had it).. in 2 others we did tile flooring which also came out fabulous and the residents love it as well..... My point is, is that it is a matter of preference and personality of the building (carpet will be more costly to maintain)..
So, as a rental property owner, you must justify the cost and the return on your investment and its impact (if any) on rents... will it pay for itself in less than its lifespan? Will it matter to you and/or the residents?
I would be happy to provide you with my contacts for these if you like.

~AR

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How is your reserve fund invested? - Allan Mar 25, 2009


How is your reserve fund invested?

And what are your thoughts on safety, liquidity, and return.

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Our reserve fund is invested entirely in Treasuries and government agency bonds. Preservation of capital is absolutely critical, and in this financial market it is much more important that trying to get higher returns elsewhere.

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My Coop was investing in Treasuries until rates hit the floor. We did find some banks that actually gave us (business account) a decent rate. Some included Countrywide and GMAC. Yes Countrywide; we kept the amount invested under the $100K FDIC mark. It's usually the banks that are on hard times that give you the best rates. Again keep it under $100K and your monies are protected/safe.

Since we all know how time consuming (and personal)it is to open individual accounts in each bank I'd suggest you look at some of the discount brokerage house (i.e Siebert, Waterhouse or Schwab) as they constantly offer a number of CD options to their clients. With this type of account you open it "ONCE" and have the option of investing in a number of banks/financial institutions; depending on current rates and your time horizon.

Again keep in mind the limits for each institution and you'll protect the monies as well as get competitve rates.

Good Luck,
Dominick

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Interest income or growth are not viable objectives if one wishes to be a responsible fiduciary.

There are no other options.

Based on our capital improvement needs, the investments in government securities are laddered.

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no tax abatement after 3 yrs - JES Mar 24, 2009


I am Board President of a three year old new condo. We have been told that the city has been sitting on our sponsor's tax abatement filing all this time. Meanwhile, our own research has shown that owners in condos in the area that are even newer than ours have their abatements! Has anyone had this experience?

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retainer for lawyer? - JES Mar 24, 2009


Has anyone negotiated a retainer for legal help? We have a 20 unit condo and were thinking it would be easier (and maybe cheaper) to deal with a lawyer with a monthly retainer as opposed to as needed (and on the clock)? We are a small condo-- 20 units. I would be curious to know what fees others are charging and how this has worked out for coop/condos using this method of support?
Thanks in advance, JES

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I actually posted something on Habitat's Blog about this subject the other day. We are paying a retainer (about $18K annually) and we get our money's worth; however we are a much larger building than yours (400+ units) and probably encounter more legal questions than a smaller building. Keep in mind that the retainer generally covers only routine legal questions and advice - if you initiate or are defending an actual case, the meter starts running.

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Same response, same $$ retainer.

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For a small 20 unit condo, you may wish to find a smaller firm that will answer your questions without charge. Most of mine I keep on a case by case basis and call them for advice and questions as needed without charge. I have several that I use that are like this and there are many more out there. I do keep larger firms around me with 2 of them on retainer for larger buildings (but still utilize the smaller ones for the questions!)

~AR

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Person not listed on Deed - markeg Mar 19, 2009


Does a person who is not listed on a deed as a unit owner who lives with the unit owner able to particpate at a BOD directors meeting? Can they bring problems to the boards attention or complain on behalf of the unit owner? Is it different if the person not listed on the deed is a spouse or domestic partner as opposed to just someone living together?

Mark

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In our building the ByLaws state that only a SH (named on the deed) or the SH proxy (someone to rep them) may attend meetings. The SH has to send, in writing, the name of the person who is voting/speaking on thier behalf.
Check the Bylaws...
VP

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That is correct for any building (or corporation for that matter).
Only a shareholder whose name appears on the stock and lease may vote at any SH meeting. The only exception would be if that person is provided a legal proxy or some form of one (Power of Atty...) signed by the shareholder.

A non shareholder may at the meeting holders discretion be permitted to share or voice concerns.

~AR

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rereading the original post and seeing it is a condo, not a coop.. the same would hold true.

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To add to AR's advice, the same would hold true even if the other person is a spouse or domestic partner. Unless their name is recorded as the shareholder of record, or they hold a proxy, they are not entitled to participate.

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This raises interesting questions for me about an issue that I had been considering broaching. Our BP's wife, who is not listed on their deed so is technically not a shareholder, is completely privy to all board matters and frequently participates in board meetings (when they are held in the president's apartment). Even though she is in another room (ostensibly working), if something she hears interests her, she will get up, come into the room, interrupt the meeting, and give her two cents. At length. I find it awkward and inappropriate, but haven't raised it with the other board members so am not sure how they feel about it. My response is simply to ignore her; the others (except for her husband) seem to ignore her, too. Since she isn't even a shareholder, much less a board member, I find her participation problematic. But perhaps this is a fairly common problem.

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I had a building where the board members husband was doing the same.. He sould even email me concerning some items and private board issues that were discussed.

After he sent me the following email, you can read my responce below it and see the results I obtained... which was full compliance and a full apology in the end!
___________
[his email to me]
Anthony-
While I respect that you would like to maintain the privacy of our building and its occupants, I disagree that the board vote should be confidential. Every owner in the building should know who voted for what and this way, as owners, we can vote for the appropriate board member based on their attendance, voting record, etc. This is how our very own country works. Everyone in the Congress is accountable for their voting records. That's what makes our country great. Closed committees and secret votes are the foundation for tyranny and oppression such as we experienced prior to this past year's board.
...... Finally, I don't remember my wife (who I sure as hell am going to talk to about what goes on at the board meetings as I have a vested interest in the outcome) ever signing a non-disclosure agreement to join the board. What kind of building would we live in if this was a requirement. The veiled threat not withstanding, I plan on continuing to be a sounding board for my wife's constant frustration with the current board meetings.
Kind regards,
XXXX

-------------
[my responce to him:]

Dear XXX:
The following is an excerpt from the NY Cooperator magazine, a great legal and informational resource:

A more grievous error, and one which often is committed both by seasoned and entry-level board members alike, is forgetting that what goes on behind the board room door is privileged, confidential information. ..

“It shouldn’t be part of pillow talk or conversation with friends and neighbors or family,” …

I provide you links below to many resources and articles explaining exactly why confidentiality is important, and why it can cost the building hundreds of thousands of dollars in lawsuits as well as Board members being personally liable (potentially costing in some cases your apartment and life savings) if not adhered to.


Secret votes are not the foundation for tyranny. When I go into the booth on November 2nd, although I register and sign in, I do not punch my name in before selecting a candidate. And if I did, it is no business of my neighbor or anyone else, excepting who I choose, who I voted for ..........................

“The veiled threat not withstanding, I plan on continuing to be a sounding board for my wife's constant frustration with the current board meetings.” If the confidentiality of what goes on behind closed Board room doors is deliberately and consistently breached, and you continue to be the “sounding board”, it will be impossible for her to continue to serve on the Board as this breached a fiduciary responsibility and places a liability on the rest of the Board, the Corporation and the Shareholders.

So while you disagree with the rules (and you are entitled to feel the way you like), they must be followed. Your respect, support and understanding is greatly appreciated and counted on from here on.

The following is some articles for your understanding and perusal:

http://cooperator.com/articles/1185/1/To-Err-is-Human/Page1.html

http://cooperator.com/articles/1491/1/Board-Resource-Guide-Etiquette-for-Board-Members/Page1.html

http://cooperator.com/pages/SearchResults.html?cx=009347938684388107075%3Apfc5cy13cda&cof=FORID%3A11&q=board+members+confidentiality&sa=Search#737

This is just on a quick search… I can provide many more specific articles and resources for you if you still disagree.

Kindly understand, part of my commission and responsibility is to guide and protect the Board from liability regardless of the origin.

I trust and hope we can understand each other and work together to build a unified dwelling place that is a home, profitable investment and happy place for everyone alike. Feel free to contact me at any time to discuss this matter in further detail if you wish.
Kindly guide yourself accordingly in this matter
Sincerely,
Anthony Reinglas

------------
GK:
check out the links provided in the email above.. they should assist you also.

I hope all that adaquately addressed and/or helped your concerns??

Best

~AR

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AR,

I've been meaning to thank you for your response.

In fact I was familiar with the articles you cited and even emailed copies a while back to the BP. Didn't make a dent. This is someone who brings an enormous amount to the board and demonstrates great leadership qualities. He is also very much a by-the-book kind of person — except, strangely, when it comes to his wife and to the former board president, with whom he also discusses board matters in detail. When it comes to those two, the BP has a real blind spot unfortunately, and all rules go out the window.


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