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Who is Responsible for Interior Apartment Doors? - H. Jul 01, 2018

In a coop, who is responsible for repairing aging room doors that warp with age and can’t close properly? Or closet doors?

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You should be able to find the definitive answer in your Proprietary Lease. There are sections in the PL that define who (shareholder or co-op corp) is responsible for what.

If your's is a standard PL, then you are most likely responsible. Most PL's state that the shareholder is responsible for everything (doors included) that are contained within the envelope of the unit; the four walls that frame the unit, the base floor, and the ceiling. The shareholder is usually responsible for any special wall treatments (wallpaper, wainscotting, etc) and floor treatments (parqueting, carpeting, etc), because the co-op corporation cannot be held responsible for anything that was not part of the original unit.

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No Date for Board interview - VJ_A Jun 29, 2018

I'm the buyer for a COOP in Upper East Side Lenox Hill area. The Board package was delivered by my agent to the management company of the COOP, 5 weeks ago.

The agent forwarded me an email update 2 weeks ago from the management company that the package has been received and reviewed by the board but I still don't have a date for the interview.

Does anyone have opinion on the timelines of how long after the package has been received by the board does the buyer typically get an board interview?

thanks,

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There are many variables that can affect how long it takes for a board to complete it's review and schedule an interview. Most boards won't schedule the interview until the finances have been fully reviewed and approved. Some of the factors that can delay the review are:
* Complexity of the financials. Anything more complicated than straight salaries (W-2's) and standard bank and investment statements can require additional analysis. Not every board has a CPA on it.
* Completeness of the package. Did it include everything requested? Has the board or MA asked for additional documentation or explanations?
* Number of other purchases being evaluated by the board at the same time.
* Other major issues the board has prioritized over your purchase.
* Availability of board members and MA. It's summer, and people go on vacation.
* Concerns about your credit and background checks.

There are probably many other very legit factors affecting when the board is ready to interview. You might have your R/E agent or attorney contact the MA or whoever handles sales for the building and ask when they think they'll be ready to have the interview.

If there is a lot currently going on in the co-op or with board members, it could be delaying the financial analysis. Remember that board members are all volunteers who have day jobs, families, obligations, and other personal reasons for not being able to devote their full energy to a new purchase.

Hang in there. If time does become of the essence, have your agent or attorney communicate that to the board. Good boards will try to accommodate legitimate requests (like a rate lock expiration) because at the end of the day, you will probably end up being neighbors.

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Thanks a bunch for your time on a detailed response. I would like to mention add some additional details on the topic, if that help in the context:

Positives:
1) Loan Commitment letter: We took an additional 2 weeks after going "In-Contract" to get a loan commitment letter issued. So the board package did include a firm loan commitment letter from the bank.

2) The additional detail that the board has asked since the package was sent to them is the monthly statement from June (original package was sent in May).

3) All the other basics looks solid: FICO Scores (810+ for all 3), job history, relatively small COOP with no other COOP purchases currently in progress in the building.

Negatives:
1) I moved to NYC from San Francisco, and my house in that city (SF) is now a full time investment property and even though rental income ($11K/month) is way more than the mortgage ($6.5K/month ) of the property. There is a valid monthly money commitment involved from me on that.

2) The board did ask about my plans to "continue" the rent the place, although I'm sure they know that San Francisco, is one of the most intense rental markets in the country.

So in summary, I wonder how much of the delay is due to the above (investment property) scenario.

Thanks again for your response. I'm hoping for the best and keeping your suggestion in mind, I have asked my RE agent to contact the Board on when the interview date be available?

thanks,

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Thanks a bunch for your time on a detailed response. I would like to mention add some additional details on the topic, if that help in the context:

Positives:
1) Loan Commitment letter: We took an additional 2 weeks after going "In-Contract" to get a loan commitment letter issued. So the board package did include a firm loan commitment letter from the bank.

2) The additional detail that the board has asked since the package was sent to them is the monthly statement from June (original package was sent in May).

3) All the other basics looks solid: FICO Scores (810+ for all 3), job history, relatively small COOP with no other COOP purchases currently in progress in the building.

Negatives:
1) I moved to NYC from San Francisco, and my house in that city (SF) is now a full time investment property and even though rental income ($11K/month) is way more than the mortgage ($6.5K/month ) of the property. There is a valid monthly money commitment involved from me on that.

2) The board did ask about my plans to "continue" the rent the place, although I'm sure they know that San Francisco, is one of the most intense rental markets in the country.

So in summary, I wonder how much of the delay is due to the above (investment property) scenario.

Thanks again for your response. I'm hoping for the best and keeping your suggestion in mind, I have asked my RE agent to contact the Board on when the interview date be available?

thanks,

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> Join the conversation Comments (2)

No way to know for sure why there is a delay, but my co-op would certainly want to get more details about your SF rental property situation.

The co-op may be concerned about your ability to pay your $6.5K monthly mortgage commitment, even if there is a "valid monthly commitment" from you. Not sure what your "valid monthly commitment" entails. Maybe the Board is still checking that out.

Your Board may feel nervous about this large financial obligation. Even though it's SF and the rental market is strong, any Board would have valid reservations about this situation.

Since you say this is a relatively small co-op, each shareholder has a larger impact on the bottom line when compared to a larger co-op. This may be weighing on the Board's mind.

Just guessing at the possible reasons, besides all of the excellent information that Steven provided to you.

Good luck

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I agree completely with Marty's thoughts about the property in San Francisco. As the one who does the detailed financial analysis for my building, the most important assets are those that can be easily and quickly liquidated to help meet maintenance obligations. If you lose your tenant, you not only lose the income, but you effectively "acquire" an additional $6.5k monthly debt.

If you find the board is concerned about your ability to meet your maintenance obligations, a suggestion I would make is to offer to put a minimum of a year's worth of maintenance into escrow. That guarantees the board will receive their monthly income from you, and eases the concerns of your being a burden on the rest of the shareholders.

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Lawyer - Cecile Jun 22, 2018

Do you know of any lawyer who works extensively with small (5-20 units) self-managed coops. Also, someone who works in the downtown environment who will have connections that could be helpful, but most important is someone who deals with small coops that are self-managed. Thank you.

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I have someone. Let me know how to get in touch with you

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No gas for an entire year! - EL Jun 20, 2018

I live in a coop in Brooklyn, NY. We've had no gas for an entire year. The Board claims National Grid shut our gas down due a reported gas leak by a resident. I can understand this taking a couple of months to repair due to the size of the building but an entire year? This is outrageous!! A litany of calls to 311 and similar NYC agencies has yielded no results. Anyone have any suggestions on how to force management to speed the repair process? And by the way, they've increased our maintenance fees twice since this saga began. Many shareholders believe its part of an intricate scam designed to build cash reserves and legitimize - on paper anyway - the property as a profitable acquisition for real estate investors. Appreciate any feedback and sorry for lengthy post.

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Sorry to hear about your situation. I know gas leaks can take a very long time to locate and repair to the satisfaction of the Dept of Buildings, but a full year sounds very excessive.

There are a few solutions I can think of.

The first and most expedient but most expensive would be for all aggrieved shareholders to join together and consult with an attorney. Simply being contacted by an attorney representing shareholders might be enough to jolt the board into action. A "lawyer letter" might be all that's needed.

After that, consider putting up a slate of shareholders to replace the board at the next annual meeting. If that is too far in the future, consult your co-op's bylaws to see how to remove board members. Again, just the potential for such an action might shock them into action.

If the board's actions are for the reasons you believe, you will be faced with increased board hostility and probably retaliation. In my opinion, working with a lawyer is your safest option, because your attorney will protect all your interests.

Remember also that the board cannot unilaterally dissolve the co-op corporation by selling to a real estate speculator. Doing something like that would require a supermajority of shareholders voting in favor. The exact requirements should be in your proprietary lease. Even if they could sell the building to an investor, all proceeds from the sale would have to be distributed to all shareholders based on the number of shares each owns.

Boards have been known to attempt very underhanded tactics. You know best what vibes are being given off by the board when it comes to fixing the gas leak and increasing maintenance. Even if you're only able to get 10-15 shareholders together, the cost per shareholder for consulting an attorney would be minimal, and the value of the consultation, priceless. :-)

Best of luck to you.

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I can't understand why your board would subject themselves to no gas for a year, unless they all have electric stoves. Your board is also included in increased maintenance. Why are you the only concerned share holder?
Please contact: James Ratliff 438 4th St. Park Slope 718-768-0025 you can consult him for free. He is the best.
I would call National Grid and find out the truth about the shut down. Also rally your fellow share holders, you can have your co op remove your board. Sounds like somethings going on with your finances. Let us know what James has to say. Best of Luck

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Supers Who Perfowm Free Lance Work - H. Jun 15, 2018

Sometimes Supers work independently to perform paid work that normally require a license,
e.g., plumbing or electrical. If there is a problem with the work, and the Super is unlicensed, are there liability issues?

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Assuming you live in a co-op or condo and not in a rental, in my opinion, there is definitely a problem if the work is performed within whats called the "envelope" of your apartment - the four boundary walls, floor, and ceiling, and any plumbing or wiring done for your unit's benefit directly outside of the envelope. If you own the unit, the work by the unlicensed super is being done at your discretion, and that could cause problems for you with the Dept of Buildings.

If the work is done to a system owned by the co-op corporation or condominium association, like common electrical feeder lines and/or plumbing, I would think there is a problem if the person doing the work is not licensed, but I'm not 100% sure.

If you live in a rental or want more information, try starting at the Dept of Buildings website. Other contributors on here may also have more definitive information.

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Liability issues. Favoritism issues. Distractions from the actual job and daily maintenance issues. Don't allow it. Period.

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Petition for Special Meeting - Board Prez Jun 15, 2018

When shareholder submit a petition for a special meeting, are there any rules about when the Board and Management need to schedule the special meeting? (Aside from the 10 - 40 days pre-notification to shareholders required for any meeting). Can the board schedule the meeting for more than a month after receiving the petition?

Thank you

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You have to refer to your bylaws for specific procedures. My bylaws require 20 percent of shareholders for petition, a date time and place and purpose of the meeting set by the shareholders not the board or management company. No other business shall be discussed except as stated in the notice that accompanies the petition.

Check out this podcast

https://www.habitatmag.com/Podcasts/When-People-Use-Their-Power

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Monthly Maintenance Statement breakdown - NYC Jun 13, 2018

Is it required by the D.O.F. that monthly maintenance statements outline each unit’s tax savings for personal exemptions and the co-op property tax abatement.

Our co-op lumps them together and refuses to list them separately.

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I don't know if it's required by the DOF, but my co-op breaks it down on the maintenance statement.

I've never heard of it NOT being broken down individually.

The DOF does break it down separately when they send the list to your management group. There's no reason why it shouldn't be broken down on your maintenance statement.

I'd recommend trying to get as many shareholders to sign one letter that insists on a maintenance statement breakdown, and then send a copy to your Board and your management company.

Good luck.

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Thanks, sounds like a plan!

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I agree with Marty's response. You might be able to go on the Dept of Finance's website for more information, or to find out who to contact for more information.

In my building, we issue the abatements during a single month along with a corresponding assessment to recover the funds we won't receive due to the abatements. Each abatement (Real Estate, STAR, Veteran, etc) is individually noted on the invoice as a credit against that month's maintenance, and the amount of the assessment is noted as a debit against the maintenance.

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Co-op Star Revisions - Queens Jun 08, 2018

Has anyone received the June revised breakdown letter from the D.O.F. They keep saying they sent it but our co-op has not received the revised copy yet. Can't seem to get a straight answer.

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Although we received confirmation via email of a correction to our statement, we don't want to issue checks to shareholders until we have the actual revised statement and those checks must be issued by June 30th. I wrote to the DOF yesterday and here is its response: "We expect to mail revised 17/18 coop tax benefit letters in late June."

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Thanks, the response I received was "They are mailing one more revised breakdown in JUNE and if the corrections are not on that letter to contact them again".

Has the co-op received the credits from the D.O.F. but without the breakdown letter the P.M, doesn't know how to distribute them?

Our P.M. is playing possum and telling the shareholders they have to contact the D.O.F.

Just thinking, if they have the credits, they should know something is wrong and take action.

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Did you receive the final revisions? Our co-op has not..

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lowering rental % in a NJ coop - pk Jun 08, 2018

In 2014, our NJ coop passed the following resolution in our 150 unit building.

l) The rental resolution was passed unanimously restricting further rental units until the
building is under the 30% guidelines set by Fannie Mae and Freddie Mac.

We are currently at 23%. Can we lower our rate again, by resolution, to 25%?

Where can I look to find info on how low we can set our rental rate?

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Upstairs neighbor toilet leak - emkharts Jun 04, 2018

I own a co-op in Westchester county and a few years ago, my upstairs neighbor's toilet was leaking into my ceiling and caused damage to my ceiling/wall. When the super went to inspect he told me it appear the neighbor had done his own renovation and laid new tile on top of the old and reinstalled the toilet and it was uneven, poorly done. After hounding the property manager to get him to address the leak they sent him a letter telling him he had to remove the second layer of tile and have a plumber repair/reinstall the toilet. It took 3 months of me again hounding the property manager to follow up and finally when a plumber shows up to check he simply flushed the upstairs toilet 20 times and since no water leaked during this flushing the owner refused to pay for plumbing repairs and property manager allowed him to send plumber away without resolving issue. They never notified me the plumber was coming or I would have been home for the visit. The property manager then sent the super into my apartment a few days later, without notifying me beforehand, to replace the damaged drywall. Few weeks later I get nasty letter from property manager saying they repaired my ceiling even though it was a shareholder to shareholder issue they weren't required to do and in the future I should handle it directly with the shareholder above as they are not responsible. Well, it's now the future and my ceiling has new water damage. My upstairs neighbor is clearly a jerk who takes no responsibility for any damages he causes me or others and I will not deal with him any more. He has also caused 2 bedbug infestations in the last year because he would not pay for professional exterminator and the latest financial statement shows a $35,000 increase in exterminator fees due to 6+ months of weekly inspection, treatment for common areas, etc. Due to his refusal to exterminate. (Property manager had to get health department to deem it unsanitary and slap notice on his front door to get him to let exterminator in).
If the property manager is aware that a shareholder is negligently causing water damage to another aren't they responsible to have that shareholder make necessary repairs? Should I contact my homeowner's insurance to repair my bathroom and let them go after his insurance? I really don't want to repair my bathroom yet until I know that there is a way to force the upstairs neighbor to make the necessary repairs. This is the 3rd time I need to replace this same section of wall due to this leak. Doesnt the warranty of habitability apply to co-op associations? My property manager is extremely nasty and basically claims they have no responsibility to address issues between shareholders.
This shareholder is a financial burden and giant PITA to everyone who lives here, doesn't the board have a responsibility to do something about him??
Any advice would be greatly appreciated.
Sorry for the lengthy post.

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If your board/managing agent refuses to address this matter I would contact your insurance company. This can also cause mold. Unlike our co op our neighbor has broken her toilet 2xs leaked down to the neighbor and guess who picked up her bill? Yes we all did, why she is part of the favorites. She refuses to get a handicap toilet and hits it with her wheelchair. So we have to pay and she gets off free and clear. When you call your insurance company they will advise you what can be done. Best of Luck

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Probably the safest way of dealing with the upstairs neighbor you describe is to get your insurance carrier involved immediately. They've probably dealt this this kind of situation before and can advise you how to proceed.

As for the bedbugs, I think if you call 311 and lodge a complaint, they will send a Dept of Buildings or Board of Health inspector. If bedbugs are discovered, the agency will oversee the remediation. In this regard, the board has certain mandated responsibilities that the agency will enforce.

Good luck.

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I had a water leak from an upstairs neighbor who let his defective toilet overflow, due to dementia. He was a renter with no insurance. But I contacted my insurance company immediately. They were wonderful. They promptly sent an adjuster, then the contractor I selected, cleaned and dried out the apartment...footed the bill for a hotel room, even paying for meals and damaged possessions. Offered several repair options..

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Westchester doesn't have 311, wish we did, it is an outstanding system.
I had it worse, board/managing company was informed of fire hazard in a owners apartment multiple times. Every time i saw his adjacent apartment neighbor we would talk about when we would get burnt out, then at 315am it happened, it has been over a year and the building is still not rebuilt , all apartments involved, 60 apartments displaced. Most Homeowners insurance policy's only cover 1 year of relocation payments, something for coop owners to look into, since rebuilding an apartment building requires a lot of permits , and in this area, it will not be accomplished in a year.

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Perhaps the entire confrontation would not have occurred if our # 1selling Basement Watchdog Water Alarms to instantly detect water leaks was behind the toilet?
Why not email jerry@glentronics.com to learn our purchasing programs?
www.basementwatchdog.com
www.stopflooding.com
“It’s not if but when”

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