Seems like all sorts of loopholes in new noise code. We finally got a noise violation issued to a restaurant whose HVAC has been the bane of our rear line shareholders. Problem is the offender gets 6-8 weeks before he has to appear in court and he is making no signs of curing the situation anytime soon. The managing agent for that building doesn't care, and we are going nuts as the HVAC is detreriotating daily giving off more loud grinding racket 15 hours a day, 7 days a week. Borough Presidnet's office said nothing else they can do. We are considering sending a lawyer's letter to the managing agent threatening a law suit. Has anyone had to resort to this? IS ther legal remedy available (or threat of) that can bring about a faster and better result than the sad DEP process? Even with our windows shut it sounds like we're underneath an idling bus. And, btw, the noise code is very misleading-this guy had a 57 dcibel reading and the ambient level was 52-so the DEP brochure saying the lower thresehold for a violation is 45 is not really true. There are all sorts of contingencies.

Does anyone know anything about the above law that refers to DRIE for disabled shareholders and how can you find out if the mortgage now or past was protected under the above housing law which would make disabled tenants/shareholders qualified for the above exception.

We are a mid sized Manhattan coop. We need to make some changes to cut security costs. Up to now our security has always been inhouse. One option is to outsource to a security company.

Interested to hear from other building who have faced the problem, how did you handle it, which security companies did you evaluate, what is the caliber of security personnel sent to your building.

Any info helpful.

We are a townhouse community A few homeowners have asked for the OK to install video cameras in their windows facing the outdoors. They have provided specs, etc. The one outstanding question for the Board is: should we require them to post a sign? Our managing agent says yes. But we have been unable to determine if it is a legal requirement. Appreciate any advice you can give us. Thanks.

We are about to embark upon a Lobby renovation. Does anyone have any companies they would recommend for:
External Doors
Intercoms

Thanks

Hello hope that someone here can help. First off i am the president on the board here at the condos where i reside. I have been treated unfairly and accused of doing things that are untrue but that is not my main reason for this letter. The main reason for this inquiry is to help the residents here. Two of the board members have gone crazy with the "power" that they have being on the board. Have made decisions w/o all board members being notified,passing ammendments not voted on by the owners,locking out other board members including myself they say they where instructed by the atty yet no letter to this was ever received. The owners are furious to all that has happened and want this board to be dissolved immediatly. They have asked me what can be done since the owners dont have money for legal representation.They have begun a petition but once signed what do they do with it at that time? Please help!!

Our property manager fails to do anything lately-from monthly financial statements to calling our Annual meeting last April, she does nothing. Anyone have a form letter announcing an annual and a copy of a proxy? We have to do this ourselves over Memorial Day weekend because of the nonfunctioning manager.
Thanks,
BN

More and more, we are perturbed that contractors and vendors hired by the co-op (as opposed to residents) come on site and violate simple safety procedures.

Yes, one expects a firm to follow all standard and prescribed safety measures.

Yet, if asked, safety is the corporate mantra for the firms we engage. But how often a mechanic or worker enters a co-op site and proceeds to violate simple safety procedures, hazarding himself or herself and others?.

Here are but a few of the recent safety transgressions, we noted in our building.

1. A worker running cables in a ceiling of our lobby for a new elevator communication system, stood atop the top knuckles of the stepladder (it did not have a top shelf, as it was one of the all purpose ladders that can be folded or extended into various configurations) to reach into the drop ceiling opening of our lobby while pulling cables.

2. A landscaper working on our property left a gardening tool, with a long wooden handle, protruding from the shrubs and intruding onto the adjacent walkway space where anyone who was less than vigilant could have sustained an eye injury.

3. An elevator mechanic descended into an elevator pit without placing a barrier and warning signs around the opening to thwart and prevent an individual or more so a child from approaching the opening and possibly falling into the pit.

While the worker can sue his or her company if an injury occurs, here are some what if scenarios.

In this day of knee jerk litigation, attorneys cast a wide swath and add every entity possible to the law suit. What if the co-op is added to a lawsuit and needs to defend itself. Yes, we have insurance, but why should we have an “experience” on our file for the stupidity of a worker and the lack of supervision by the firm?

What is a co-op employee or resident is injured through the negligence of the vendor or contractor?

How do we reduce or eliminate our culpability, however remote?

Has your co-op corporation encountered such lackadaisical attention to safety procedures by on site workers from vendors or contactors?

If you have, what steps has your co-op taken to ensure compliance with safety procedures?

In some cases, the vendor is under a contract that has two or three years to run.

We have several trees near the curb in front of our coop. I know trees are city property but they're on sidewalk area on our land. We're responsible for sidewalk repair within the limits of our building property so I assume the sidewalk is "ours."

Can residents plant flowers around the trees without asking us, or at least telling us what they plan to do? Do they need coop permission to plant -and/or do they need city permission?

Hi there's no free lunch:

Since the coop's attorney freely engaged in communicating with a shareholder without disclosing any potential fee associated then the shareholder is not responsible. Too, there are no provisions in the governing documents and at the last shareholders meeting an amendment was shot down to cover such activity. The coop's attorney was responsible in declaring that he does not represent shareholders and needs to get board approval to engage in corresponding with a shareholder. None of this was done so it is a matter strictly between the attorney and the board to work out compensation.

Read: Recovering legal fees, by Bruce Cholst, Esq. The Cooperator. "Another limitation set forth in the typical proprietary lease clause regarding collection of attorney's fees is that it does not allow the recovery of any attorney fees prior to the commencement of a formal action or proceeding. Thus any pre-action analysis, correspondence, etc would not be recoverable."

So you see the shareholder has no liability for legal fees especially when the attorney made it clear to the NYSBA that he billed the coop and not the shareholder.

Any additional thoughts on this?

GU