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Trouble with HOA and my service animal - Jennifer Nov 27, 2017

I recently rented and moved into a 100+ unit condominium building with my 10lb service dog. I provided the HOA and board members with her documentation as well as medical documentation stating the need for the service animal. My concern is the HOA has a rule that all service animals must be CARRIED in- and out of the property. Last week, due to this strange request and while carrying my Pomeranian, I slipped and feel outside of the condo in the rain- landing on the dog in a puddle of mud, and injuring my wrist and shoulder. The following day I was too sore to lift and carry the dog while riding the elevator down; once the lobby doors opened I was instantly screamed at by one of the residents. I am having a very hard time finding a law in the ADA.gov that states a HOA can impose such a rule- There has been nothing but rude remarks, unpleasant stares and overall rudeness by other resident sin this building- please note this was the first and only time she was not carried in/out of the building. I am tried of the harassment and frankly feel very uncomfortable living here. Is there anyone who can give me some advise or send me in the right direction? I've been calling lawyers all day and cannot find anyone who handles this kind of ADA discrimination...thank you!

> Join the conversation Comments (1)

I'm trying to visualize how a visually-impaired individual of slight build would be able to navigate while carrying their 30 lb German Shepard seeing-eye dog into the elevator. It's not a pretty picture. There seems to be an epidemic of Holier-Than-Thou attitudes now that civil discourse has been exiled from our lives.

On a practical note, this article may help or be a good starting point:
https://www.ada.gov/service_animals_2010.htm

Try calling the ADA hotline to find out if they can be of any help to you.

--- Steve

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I agree with Steven424, also I hope your dog has a red service coat on. With your animal is alerting people not to pet the dog unless asked. Best of Luck.

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Board member unit for sale - Dave Nov 21, 2017

Our Treasurer has her condo up for sale. Our community needs many repairs but we don't take in enough dues to pay for any repairs. We want to raise dues $30 per month and get the repairs done over a 5 year period. The Treasurer wants an assessment of $1500 because she thinks a dues increase would affect her sale. This seems like some kind of conflict of interest and we all think she should recuse herself from voting since her interests lie in the sale of her condo not the interests of the community. There is nothing in our bylaws about this. A $1500 assessment would place a hardship on many owners. Opinions please. Thank you.

> Join the conversation Comments (3)

The treasurer needs to recuse herself due to the conflict of interest. No way should she be allowed to vote, regardless of what the rest of the Board decides as a course of action.

Do whatever is best for the community.

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Completely agree with Marty. This is a clear conflict of interest.

If the rest of the board votes for the dues increase then her position is moot. If your association has an attorney you use for legal matters, ask her/him for an opinion in writing. That might sway the treasurer.

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The Board should discuss with its attorney whether the Treasurer is conflicted. Every time the Board votes on financial matters, especially the balance between assessments and dues/monthly increases, the vote affects each Board member. There is no right or wrong here, and the fact that one solution is in a Board Member's own interest doesn't necessarily create a disqualifying conflict. In fact the alternative solution is probably in other Board member's interests.

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Leave of absence - Dave Nov 21, 2017

Our board Secretary has taken a 2 year leave of absence to work in another state. A volunteer stepped forward to take minutes while he is gone. In the meantime he has placed his unit up for sale. Should he be allowed to vote on board matters. His fill in is voting. Should they both be allowed to vote.

> Join the conversation Comments (2)

Is the volunteer another Board member or someone not on the Board?

They both cannot be allowed to vote. Does your co-op treat a leave of absence as still being on the Board or as a resignation? Never have come across this scenario so I don't have a definitive opinion.

The Board has to decide if a leave of absence means he has resigned from the Board.

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> Join the conversation Comments (1)

The volunteer joined the board and now votes. We'd like to treat it as a resignation. There is nothing in the by-laws about this situation. This gentleman is another board member whose unit is up for sale and doesn't want to see a dues increase. We have the lowest dues in the area and will still have the lowest even after a dues increase. Thank you for your responses.

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Since there's nothing in your by-laws, I would ask your LOA Board member if he'd be willing to write a letter of resignation considering he's not around, so he is unaware of the issues facing the Board while he's away. That would solve your problem.

If he's not willing to tender his resignation, then you would likely need to amend your by-laws to cover this situation.

Our co-op did so several years ago when we amended our by-laws to state that a Board member is deemed to have resigned from the Board if one of two things happens:

1) The Board member misses 3 consecutive Board meetings
OR
2) The Board member misses 50% of the board meetings in a 12 month period without a valid excuse (going to work out of state would not be considered a valid excuse in my opinion).

The important thing at this moment is that you're only having one vote come from the 2 people involved (LOA guy and the volunteer who is filling in).

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A 2 year leave of absence is ridiculous! When the individual comes back in 2 years they can once again run for the board. This just sounds like hanky panky to me. Also why no take a vote to find out how the shareholders feel about this? I think the whole ordeal is very underhanded.......

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> Join the conversation Comments (2)

While I agree that staying on the board during a 2 year leave of absence is not good for the board or the co-op corporation, it doesn't sound like there is anything underhanded going on. The person on leave may have honestly thought they could keep up with all the board's and co-op's needs and requirements while being remote, in practice it is almost impossible to do. I agree they should make a clean break and resign, let the normal board member replacement process take place, and then run for the board again when they return.

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I agree with MK, also you can not appoint a person to fill in your seat. You need to tell this person his seat will be up for elections when you have one. Being on the board is volunteers who are voted to serve your coop/condo.
never have I heard of a leave of absents. Best of Luck

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Board Member Promotes Unlicensed/Uninsured Alterations - Debbie Nov 21, 2017

I have a fellow Board Member who adamantly refused to comply with our Alteration Policy and is renovating his apartment himself with the help of family members and friends. He also provides other shareholders with referrals to Unlicensed/Uninsured plumbers, electricians, etc. The latest is that I just found out that our managing agent has allowed a new shareholder to renovate using family members. The shareholder told her he didn’t think he needed to submit any insurance documents/plans, etc. since he is doing the work himself and she let him do it. Any advice?

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If the rest of the Board is aware of the situation, I think you must get your attorney involved with a cease and desist letter. Nothing like a firmly stated letter from the attorney to let this Board member know that you're serious.

Does your co-op impose penalties for unlicensed/uninsured renovations? If so, he must be treated like any other shareholder.

He's also taking actions that are clearly not in the best interests of the co-op, so this person shouldn't even be on the Board. How do your by-laws allow for removal of a Board member?

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Unsold Share Status - Scott Nov 15, 2017

My building has an issue with our sponsors. In general, they refuse to sell, but most recently we are trying to determine if two apartments have lost unsold share status. Our offering plan was filed on June 14, 1982. Underneath on the front page, there is a sentence stating 'The Plan may not be used after June 13, 1983. Our sponsors acknowledge that one sponsor lived in the building through September of 1982 (3 months after the first offering). While their daughter lived in another apartment through the 'summer of 1983.' (vague as to date). The shareholders feel that both have lost unsold share status because they were occupied after the first date of the offering, while the sponsors refuse to acknowledge such, saying they occupied the apartments during the one-year 'window' of the offering plan. Who is right and is there a document with the AG's office, or ruling I can point to, that states the sponsor, or their offspring cannot reside in an apartment after the first date of the offering plan, or otherwise the apartments lose unsold share status. Thanks very much.

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Rental limits - Christine Nov 11, 2017

Does anyone live in a Condo that has rental apartment limitations? Our board wants to put a limit on how many unit owners can rent, my question is how do you do it? Who gets the right to rent over someone else? and for how long does each unit owner get to rent?
Thanks for any suggestions!!

> Join the conversation Comments (1)

I live in a *co-op* that has rental limits. They are spelled out in the House Rules, and I'm not sure offhand if there is any wording about sublets in the proprietary lease.

The rules are that there can be no more than seven concurrent sublets. This is 10% of the total number of units in our building. Any greater number begins to pose problems for people who want to purchase or shareholders who want to refinance because banks don't like to see more than 10% rentals. It also starts to change the complexion of the rest of the community. Once the limit is reached, additional sublet requests go on a FIFO waiting list until one of the seven slots opens up. The board will consider severe hardship cases.

Each shareholder has a guaranteed lifetime sublet limit of two years. This does not have to be contiguous and can be broken up on a month by month basis. If there is no waiting list, the shareholder can request a third year, but it must be on a month by month basis. This means that if another shareholder wants to start their guaranteed sublet, the board can terminate a sublet in its third year after 30 days notice. Sounds complicated, but works in practice.

There is a sublet fee and it is used to pay for paperwork processing by our MA and also for a background check of the proposed tenants. The board interviews the tenants as if they were new purchasers. The apartment shareholder-owner assumes all responsibility for maintenance payments and tenant behavior. We have a sublet form which must be completed which has standard questions like, "do you have any diplomatic status or immunity?" (complicates eviction if it becomes necessary), "do you play any loud instruments?", "have you ever been a party in a lawsuit in the past X years?", things like that.

The reasons for the lifetime limits are to discourage speculators from purchasing units and then immediately trying to turn them into long-term sublets. There is a question on our new purchase application that asks if the purchaser intends to sublet their unit during the first year of occupancy. We understand situations can change, but if they answered "no" and then ask to rent after a few months, we'll ask questions before approving the sublet.

Condos have different considerations because each unit is considered separate property and not a lessee/lessor arrangement as in a co-op. You didn't say if your condos are free-standing, townhouses, or multi-dwelling (apartment) building. All that we go through in our apartment building to allow sublets is designed to insure that the new individuals who will be living in the building do not pose a safety or security risk to the rest of the community.

AirBnB adds an additional level of complexity to sublets. We do not allow any rentals for less than 30 days, and I believe NYC law prohibits it as well.

Long-winded, but I hope it helps,
--- Steve

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My building did not allow sublets at all even in the worst of hardships. Then a board member moved his elderly mother in law move into his apt. He and his new wife purchased property elsewhere and left her there. All of a sudden sublets are OK according to this BM who previously adement that no rentals were allowed. The mother in law went to a nursing facility and he now has the apartment rented! I am trying to sell and so far no luck.... I can not stand the BMs or MA here! A bunch of depraved self serving bullies. He claims he will sell the apartment when all the DESPERATE PEOPLE are gone! How did I get duped into this horrific situation. Can wait get away from this nightmare!
Just Cranking

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Superintendent's Behavior - Donnini Nov 10, 2017

Ours in a union building on Park Avenue.

Our Super (he prefers title of "Resident Manager") lives-in. We gave him a duplex apartment with entry doors on the ground & 2nd floors.

Although asked not to by multiple shareholders, he insists on riding the front elevator with shareholders, even though he could just walk out the back. He responds that he is a "resident" of the building just like the shareholders. It has become a bone of contention. Frankly, he is only competent but not as well-liked as he thinks.

Would welcome to hear the policies and protocol in other upscale Manhattan buildings.

> Join the conversation Comments (3)

I couldn't imagine telling our resident manager -- or any of the building staff -- that they weren't good enough to ride in the elevators with the shareholders. Your shareholders should be ashamed.

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Duplex apt. wow! I must come back as a Super in any co op condo. Your lucky you see your superintendent ours hides in his apt.

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In our building (Brooklyn Heights) staff is required to take the freight elevator, as are the Domestics.

Your Resident Manager has no business on the front elevator. Although he resides in the building, that is solely due to the union’s requirement. Sounds like he is confused about his social position. Have your management company speak with him. Or not - He will come to understand that by taking the front elevator he will be alienating shareholders & losing their support.

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While I understand Andrew's view of the union rules, I am in total agreement with BBCA.

I guess that on Park Avenue and in Brooklyn Heights, the super's social position is such that he's not good enough to ride the elevator with the shareholders, but when they need him to fix something, then he's plenty good enough to walk in their front door.

Andrew - Let me give you some unsolicited advice that you should pass along to your fellow residents...You and your shareholders are not of a higher social position than your super. You're not a better person than the super. In fact, just by having the attitude that you have, you have shown that you are beneath your super as far as being a decent human being.

Very sorry to hear that your perspective of other human beings still exists in your co-op.

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> Join the conversation Comments (1)

Marty,
Correction: Super & staff do not enter our apartments through the front doors. They enter our apartments through the service doors which are adjacent to the servants’ elevator (which Super doesn’t wish to take) and which typically open into the kitchen or the maid’s private quarters.
This is not chutzpah, it’s simply a formal building.
FYI: Over the weekend the board voted to let the management company talk to him about this matter.

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Wow! My co-op is right in the middle of the "North Heights", and I cannot believe Andrew is talking about the same bit of real estate my building is in.

To start, having a live-in super is not a union rule, but is required by NYC regulation. Any multi-dwelling building with more that 10 (I think) units must have a live-in super or a super who lives no more than a couple of hundred feet from the building.

As for a super's (and staff's) "social position", what chutzpah. I could not agree more with BBCA's and Marty's posts. In our building, the super and staff are treated almost as family. In fact, our current super is the son of our former (retired) super. He's on a first name basis with all the shareholders, is completed trusted by all the shareholders, and shareholders hold the elevator door for him when they see him coming.

Our super and staff and their families are invited to all building parties like Halloween and year-end. They're all members of the union, but the building feels it is important to provide additional benefits and perks to show our appreciation. Some have family in Puerto Rico, and the building was proud to send a contribution to each family to help with the ongoing problems. Our super and his family live in the building. His kids play with shareholder's kids.

In return, we have one of the most pro-active and responsive supers around. He is truly available 24x7 and will respond to all reasonable requests at any hour. He makes a point of standing by the *front* door (and not the service entrance) in the early morning so shareholders can chat with him and let him know about any problems and concerns on their way to work. He and the staff will perform small maintenance work and tasks for shareholders as their work schedule permits. They're always visible, and the communications between super/staff and shareholders always flows easily.

I could not imagine living in a building where it is any other way. Far from alienating shareholders and losing their support, the shareholders in my building totally appreciate the super and staff, because it's the unseen and hidden work they do that makes this a very enjoyable place to live.

I wrote this because I want readers to know that not every building in Brooklyn Heights has its nose so high in the air that it obscures the rooftop exhaust vents.

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Every building has its own culture.

I suspect the original writer, whose building staff takes the back elevator, but the Super does not, is in a building where they are unhappy with the super.

If the Super were well-liked it would not be a problem.

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> Join the conversation Comments (1)

For the last few months I notices this site has been quit skimpy on the questions. My thought is these questions are made up since the person or persons don't have names. But I must say I would love to get a replacement super. I heard about using a 24/7 on call company that supply any kind of service. The co op & condos are selling the supers apts. for a lot of money. Our poor handyman has to cover for our super and when the super does show up to do work he wants money. Does anyone know about this? Yes it has come out several times at open board meeting. Does anyone do something about it? No, why he's like family. Have an Awesome day

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He has a free apt , right?

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Yes, also free electric, gas, phone, laundry pass, cable. Just to name a few. Not a bad gig for free and gets paid extra for jobs around the building instead of getting 3 bids. Let's not forget his weekly check.

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pc #1 - If your Board doesn't take action based on your super's less than satisfactory behavior, then I agree that something needs to be done. All employees and Board members must be held accountable.

However, I will also say that even if the super gets free this and free that, that has nothing to do with how shareholders should treat him.

He still deserves to be treated with respect, just like you would want to be treated.

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Marty, I agree I'll remember that if and when I see him. Have a Happy Thanksgiving everyone.

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I would begin by asking what other rules exist for the passenger elevator. Are staff permitted to ride the elevator when going to a shareholder's apartment or must they ride the service elevator? Are baby carriages and bicycles allowed in the passenger elevator. Are domestic help of tenants allowed to ride in the elevator? If the super is not permitted to ride in the elevator during working hours than my opnion is, if he is in work clothes he should use the service elevator (no matter the hour). If it is after hours, but he is going to service and apartment or do after hours work he should ride the service elevator. But, if he is in street clothes, he should be allowed to ride the elevator as a resident. Is your elevator small? The board should make a decision and then notify the Super and the residents that this is what was decided.

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Building listed as a co-op, but I'm not a share holder - Jen Nov 06, 2017

My building is listed HFDC co-op building. I have lived in this building for over 20 years, and was never giving an option to purchase shares. My question is do I have rights to purchase shares? What steps do I take to find out more information?

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You ask an interesting question. I am not familiar with HFDC co-ops so I did a bit of Google research. I found that HFDC co-ops issue shares, have a proprietary lease, and generally act as a market-rate co-op except for very stringent financial requirements.

That being said, HFDC ownership is transferred by the sale and issuance of stock. When you purchased 20 years ago, you should have received a stock certificate at your closing. If you have a mortgage, the stock certificate would have been given directly to the bank holding your mortgage as collateral. Otherwise you would have received it directly.

Some buildings were rentals that converted to HFDC ownership. I don't know how the stock was issued or in what form for those.

I suggest you check all the documents you received at closing, if you can find them. You may uncover what you are looking for there. If not, contact the building's managing agent or a board member and ask them how many shares you own. You can also contact the bank that holds your mortgage (if you have one) to find out share information, but the bank may be very difficult to work with.

The only other possibility I can think of is that you are, in reality, a sub-tenant of your apartment's actual shareholder-owner. When you pay your monthly maintenance, who do you pay it to? Is it to the co-op corporation, or a private individual or different corporation? If you do not pay it directly to the co-op corporation you may be a sub-tenant and have been actually renting and not owning for all these years.

You may have to contact an attorney to help you get this straightened out. If you can't afford a private attorney, contact the Legal Aid Society. They might be able to help you for a reduced fee or no fee at all. http://www.legal-aid.org/en/civil/civilpractice/cdp/housingdevelopmentandpreservation.aspx

Good luck with your investigations.

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Selective Enforcement - Tara Nov 04, 2017

I lived in a condo for 2 years and found out a unit dweller (grandson of unit owner) did not have a background check, credit check which is in the covenant. All other members have had to pay for these checks in order to live in the dwelling. (55 and older community).
To make matters worse, this person has vandalized, harrassed and has had overdoses on premises in this condo. He has previous misdeamenors and a warrant for arrest in another state.
I am really angry that I bought in this building and that proper laws were not enforced.
Anyone have any ideas of what I can do? Legally, Statutes etc.

PS: After the last drug overdose of this person..I did have to move as I was afraid of my own safety.

> Join the conversation Comments (2)

You did the right thing by moving. Now move on you are not the police.
Try to forget and learn by this see something say something. Best of Luck

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I agree with PC#1. If the Condo association is unable or unwilling to do anything about the situation you describe, you are much better off leaving and not looking back.

If the grandfather is still living there and the grandson simply moved in (and is not the owner), there may be very little the association can do short of starting legal action. Each condo association has its own rules and regulations, and over-55 communities usually have additional residency requirements and allowances.

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Facebook Page for Coop? - H. Oct 29, 2017

Has anyone created a social media presence for their Corporstion, like a FB Page? Any suggested guidelines?

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Are you kidding? I can see it now disgruntle share holders/condo owners venting about how the place is run, bad managers, workers and let's not forget the Super. Kiss your building goodbye. Have your managing agent setup a building website. Whoever you are your opening up a can of worms. Wait until Steven chimes in.

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So no building does this? Can’t the posts be screened?

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PC#1 is correct. I see no upside for the co-op. None. Only bad things.

Pictures of the building/neighborhood for resales? Leave that to the brokers.

Who is going to screen the posts? I'm busy enough being on the Board. I don't want/need to be an editor.

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Before you establish a presence anywhere online you should have an idea of what your presence is supposed to accomplish. Think if it as drawing up a business plan for your website or FB page. Know what you want to do before you spend all the time and effort in doing it.

If you want to concentrate on facilitating inter-shareholder discussions, take a look at Yahoo Groups. Yahoo is much better set up to manage discussion and to moderate them than FB.

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We have an internal, private Facebook community that was first started right after Superstorm Sandy (when our property was completely flooded). As no-one could live on the property while we rebuilt, we used the community to communicate to the shareholders. While it's got it's advantages, it's also got numerous disadvantages - first, not every shareholder has access to FB, and some choose not to use it. The second and more important disadvantage is that it can quickly become unproductive and a breeding ground for useless banter. I kept the community up for a few months and then took it down when it became more of a problem then it was worth.

Subsequently, a shareholder created another private community. It often becomes a forum for bitching and moaning, and again - a lot of unproductive banter. The shareholder who created it occasionally will post a reminder to keep the topics on track and not raise personal issues. Sometimes that works and sometimes it doesn't....

I've created a FB business page for our community so that I can bring awareness about the community and the amenities we offer. I'm hoping that some visibility and knowledge about the community will help bring up our unit resale values. But it is a challenge keeping the content current.

As for any shareholder who posts a less than positive review - if the currently own, they're hurting their own property values.

https://www.facebook.com/OceanHarborClub/

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