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Pullman Meeting Vote Question - BN Jan 05, 2009


If a special shareholder's meeting is being called for the purpose of voting to terminate a shareholder's tenancy, as happened in the Pullman case, does the shareholder that the Corp wants to oust get to vote? In other words, is the 75% majority needed to succeed in terminating their lease comprised of 100% of shares excluding the shareholder in question? In the 2006 Lapidus case, an article in NY Times states 98% of shareholders voted in favor of terminating Lapidus' lease--this percentage in favor seems impossible if shareholder Lapidus was allowed to vote. Hence my question of who is allowed to vote at the special meeting.

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Check your Proprietary Lease for details on terminating a lease for "objectionable conduct" -- it's often Paragraph 31(f). Different leases have different procedures: some require only a 2/3 majority vote of the Board. Take a look at the decision in London Terrace Towers v. Michael Davis.

Most importantly: Consult your lawyer! This is a drastic and awful step for everyone involved.

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Yes, check your lease - in some cases it requires a majority of the shares to approve OR a 2/3 or 3/4 vote by the board. In any case, have a strong paper trail to substantiate your claim and work closely with the lawyer. As long as the shareholder being accused is still a shareholder, then they should be able to vote.

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Isn't this rather a nuclear response? I mean, Pullman?

I know you can't talk about specifics on a public forum, but eviction can handle anything from hoarding and pest-created problems by a SH, and financial things like missing maint. payments. The law can handle someone violent or threatening.

What does that leave? Kicking someone out because you don't like him or her? So they're rude in the elevator? So what? Are they suing the board? Lots and lots of SHs sue boards -- and sometimes they win, because boards aren't always right. You're allowed to sue a board without being kicked out of your house. What could someone possibly be doing to deserve this, and have you tried other means of resolution? A mediator maybe? Or do you just go nuclear?

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Boiler Installation - jbm Jan 02, 2009


looking for a good boiler installation contractor to replace an oil fired (#2) boiler in a 24 unit co-op in Chelsea. Also does anyone know how long it takes to get the various permits from the city for removal and installation

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Jeffery Eichenwald, PH#(212)982-4803 E-mail- jeffeichenwald@netscpae.com. This guy is a genius, he will take care of everything, from getting you the right boiler the right size, the company and all the permits. I believe he's an engineer, NYC housing uses him also. I work as a RM and this guy is probably the best I've seen with the most knowledge.

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Try Marlande Heating Corp. (718) 993-4350
Leardon Boiler Works (718) 585-5314
Atlas Welding & Boiler (718) 293-3300

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Took your advice and hired Jeff as a consultant - you are correct he is very knowledgable and we were looking forward to working with him having signed a contract a month ago. Unfortunately, he won't answer phone or email messages and has twice missed his own deadline for submitting specs for our new boiler installation. Do you know if others have experienced this problem with him?

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I work as a resident manager, and everyone who has worked with him had nothing but good things to say! except the contractors, because Jeff does not let them get away with any short cuts or unnecessary equipment. joeshkreli@yahoo.com is my e-mail. comtact me directly is you need any help.

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roof antenna - downtown Dec 29, 2008


Can anyone refer a name or phone number of roof antenna companies who would be interested in installing antennas on my co-op's roof?

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Here are a few I deal with...

Verizon – 1-866-862-4404 / Judy – 908-607-8859

Northrop Grumman – 917-567-3287

OmniPoint – 973-872-5109

Wireless Capital – (AT&T) – I am having a problem locating thier number

~AR

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ERL Electronic Products in Rego Park -- Tel: 718-275-7700.

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This may or may not apply, but do realize that over-the-air TV transmission is going digital in mid-Feb., and that a standard rooftop antenna, while it may still work, will need set-top adapters for each TV to which that antenna is set up.

It might be more practical to go with master satellite antenna or with cable, for which an apartment house can get a bulk discount. I'm pretty sure there have been Habitat articles about that.

And Happy New Year!

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thanks i was also inquiring about cell phone antennas.

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Budgeting for Economic Stability & Posterity - AR Dec 29, 2008


I posted this below and decided to repost it under a seperate heading to generate more reading and hopefully assist more people...

Budgeting for Economic Stability

I have not been on in a while and it is good to see some old/familiar people…

In light of some post that I am reading and recent conditions, I decided to post the following to assist some Boards with creating (modifying) their 09 budget

It is important for management when creating the budget to consider the posterity of the building.
Budgeting as most US households today, and as our government does by pushing financial responsibility into the future is irresponsible. We do not and should not EVER borrow to pay bills in our personal or business lives. (I have 2 buildings going debt/mortgage free this year!)

When creating a budget, all anticipated annual expenses are taken into account, based on the current years spending, announced water/utility increases, Taxes (future taxes can be obtained from the DOF website), regular expenses, anticipated salaries, and other expected expenses.

Additionally, the condition of the building and anticipated physical maintenance costs are important to factor in; most people become modest here, but do not be. It is a good idea to obtain an engineer’s condition report and a five year capital plan from a good engineer to assist in pinpointing this number. Forget the fact that fuel dropped, leave the number alone!

Once you have a solid list and sum of anticipated expenses, then calculate what your required income (maintenance) should be per share and add 5-7%. This should be your new maintenance

Hope this helps someone...

~AR

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To be clear, increasing maintenance is not being lazy - Steve G Dec 29, 2008


There is a posting herein where the individual asserts raising maintenance is being “lazy”.

May I suggest that in a well run building, whether self managed or managed via a property management company, husbanding funds should be a way of life, de rigueur.

Thus, in a well run building, there are increases every year in maintenance fees (and perhaps assessments) to account for salary increases, utility increases, tax increases, insurance might be a bit variable and could even decrease if one is willing to front more of the deductible, preventative maintenance increases as the building ages.

To avoid increases is perhaps to invite insolvency.

To delay capital expenditures is perhaps flirting with disaster or at a minimum poor services to the residents, e.g.: lack of hot water, heat, leaky roof, etc.

To refinance is to condemn future owners to payments for improvements enjoyed by current residents. Not really fair when you look at it that way.

Remember, corporations borrow to create new or improved products and thus generate more revenue and produce more profits.

By borrowing, what new or improved products are generated that benefit the building / property? None!!

So why borrow? Why refinance?

Why pay interest expense that is of no value to the corporation (e.g.: building and owners)?

Think about it please.


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You give a false dichotomy by saying that to be fiscally responsible, one must raise maintenance yearly. This is a clever debate tactic, but untrue.

One can be fiscally responsible without resorting to lazy (i.e. uncreative) maintenance increases / assessments.

A creative board will look at such revenue-raising options as selling unused common areas, creating basement storage, adding to existing rental parking spaces, signing up with film/TV location companies, leasing rooftop space to communications companies, etc.

(One can also cut expenses, though this is generally in such long-term ways as submetering, installing a condensing boiler -- see Habitat front pager today -- etc.)

Such inventive but labor-intensive thinking can mitigate or stave off an increase in a particular year. For these reasons, I agree with the previous board member that simply raising maintenance or issuing assessments is the lazy way out.

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This poster makes several good suggestions.
Looking at any given budget and property one can find from 5-50 ways to generate income or save on expenses.

there are energy consulting companies and the like that can assist you in finding and tapping these areas as well.


~AR

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Budgeting for Economic Stability

I have not been on in a while and it is good to see some old/familiar people…

In light of some post that I am reading and recent conditions, I decided to post the following to assist some Boards with creating (modifying) their 09 budget

It is important for management when creating the budget to consider the posterity of the building.
Budgeting as most US households today, and as our government does by pushing financial responsibility into the future is irresponsible. We do not and should not EVER borrow to pay bills in our personal or business lives. (I have 2 buildings going debt/mortgage free this year!)

When creating a budget, all anticipated annual expenses are taken into account, based on the current years spending, announced water/utility increases, Taxes (future taxes can be obtained from the DOF website), regular expenses, anticipated salaries, and other expected expenses.

Additionally, the condition of the building and anticipated physical maintenance costs are important to factor in; most people become modest here, but do not be. It is a good idea to obtain an engineer’s condition report and a five year capital plan from a good engineer to assist in pinpointing this number. Forget the fact that fuel dropped, leave the number alone!

Once you have a solid list and sum of anticipated expenses, then calculate what your required income (maintenance) should be per share and add 5-7%. This should be your new maintenance

Hope this helps someone...

~AR

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Need Roofing Contractor - david 600 Dec 28, 2008


Could anyone suggest a good roofing contractor for our Co-Op's brownstone roof?

Thanks,

David

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Wayne Bellet Construction

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Try L & Z Restoration Corp. 718-383-4131

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Bernini Construction did a cold-rolled roof for our building about 4 years ago. Nice job.

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We hired L&Z Restoration and they did a great job replacing our entire garage roof.

Pres :)

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I am a PM and I use OM Construction who is a very low cost, but excellent quality roofing company.. they have always stood behind their work and come back months later if they needed to address a complaint.

OH... you can call Dee - 917-306-8903

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Contact APA Restoration www.aparestoration.com (718) 545-7510

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Try McFar. Call Rich 516-873-9080. Many successful jobs with them

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There are tax insentives to help pay for it

http://www.greenerbuildings.com/news/2008/06/25/nyc-gets-a-green-roof-kickstart

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Underground tanks - AAA Dec 22, 2008


Has anyone replaced an underground tank recently? Did you obtain the services of an engineering company? What was your experience?

I will appreciate your comments and recommendations.

AAA

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I have not; however, I do know that EPA guidelines are very stringent and filing must be done for this. If there is any complications, and/or leakage during removal, it can cost you alot more than you bargained for. An engineer would therefore be compulsory to perform this project, especially since it is underground.

I can reccomend a few if you like.
Good Luck

~AR

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Welcome back, AR!

I will appreciate very much your recommendations.

AAA


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Christmas Tipping - Lucky Luciano Dec 21, 2008


I live in a nice new high rise in a 1 bedroom apt of 550-600 sq ft in midtown Manhattan. Rent is $3,300 which is killing me right now because bear markets suck with my income down significantly in the last two years (there are many morons I can thank for that). Perhaps I rented this apartment a little overconfidently based on a great first year of income in 2006 out of grad school. I am ashamed to admit the disgrace that I was laid off from my job with about 5 months of salary, but it is the case - and the rent is high. The building had a holiday note with the list of all the employees. Often the tipping that people do is based more on who has the power to be a pain in the ass than who has done the most labor.

There are roughly 250 apartments in the building.

Googling around, some other people gave a list of what they tipped for a similar building and it came out to roughly $600-$800!!!!!!!!!!

I was thinking $100 total until Google gave me a reality check...andI saw the list of 16 employees, most of whom I never met.

Our building's staff:

Resident Manager - Some person who I never met and never heard of. $20 (Google showed people give $200 quite often)

3 Handymen - One I never heard of ($10), One has been helpful on the three occassions we asked ($40)and one was helpful on the one time we requested help ($20). Googling showed that $40 was avg.

6 Concierges/DoorPeople - All friendly and very smily. I like them, but don't really know their names. All pleasant people though. They are not really doorpeople since they mostly sit behind the desk and do not actually open the doors and quite frankly, I can open the door myself - which have motion detectors to open the door. They get my larger pieces of mail and things that are signed for etc and are a first line of security. $20 each. Google had a $50 bare minimum for each.

6 Porters - Apparently a porter maintains a lot of the common space etc for the building. Don't know any of them. $10 each. Google said most people avg about $20 per porter.

So, the bill comes to $270...and it looks like, according to Google, that I am a super cheap son of a bitch that will get dirty scroogy looks for the rest of the year and shitty service for the year (though I demand almost no service).

So, am I cheap son of a bitch? Or are the people paying $600-$800 out of their minds? Or is it a bear market and I am not the only one who will seem like scrooge?

Confused

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You should be living in a walk up building with maybe one staff member. You should also know the names of some of the employees?

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So I am out of line...I rented the place because I made $360K in my first year of employment (2006), but used most of the bonus to pay for enormous debts amassed during my phd program, and I bought a nice SUV with cash and upgraded my apartment...then 2007 was worse and I only made $175K...and I got fired this year after making $175K...even though the losers on my desk that blew it up are still there (due to seniority I guess - though they are likely to get bageled in the bonus pool instead of getting a severance package)...So I should be in a walk up?

I think $270 is good enough. I ask for very little, but I am pretty sure based on googling around that I will be a hated tenant.

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Bonus - C.C Dec 20, 2008


Is it proper procedure give a property manager a bonus,out of the condo funds(condo itself--board approval)or the unit owner gives or none
at all. I know the super or,handyman etc. gets.

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... not in my building. Super only.

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you are kidding, right?

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All our staff (e.g.: building / property manager, superintendent and assistant superintendent, maintenance, porters, etc.) are employees with the exception of the security staff who are provided by an outside firm.

Yes the three key individuals receive a bonus.

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Yes = bonuses, a luxury self managed co-op with 490 units

Our property manager, superintendent and assistant superintendent are employees. As part of their employment package (contracts) they are eligible for a bonus based on their work performance.

Several board members (not all) meet near year end to review salary increases and to determine their bonus ($ thousands).

This is paid from the co-op’s ordinary operating funds.

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Credit Reports - BN Dec 20, 2008


Can a Board order a managing agent to run a credit check on a shareholder who is chronically in arrears? Someone told us we have to get permission from the shareholder first. We want to get a snapshot on his financial situation. He is a problematic shareholder in many regards so don't anticipate his cooperation.

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You cannot run a credit check on anyone without their consent, that is ilegal! You have to have an authorization from the person for that matter and if possible signed

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