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new elevator - Sue Jan 24, 2017

Our building (a 13 Unit Pre-war) is about to install a new passenger elevator. Building has a manual freight elevator which must be run by the super at an hourly rate. However the freight does not open on one of the units - which is on the 12th floor. The family is this unit will have to relocate during the installation of the new elevator, this may take as long as 3-4 months (if all goes well).

Can anyone offer some sound advice on this project as well as advice on the Unit that must relocate.

Thank you.

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We had long delay because doors were mismeasured and then firm didn't complete finishing touches because we enfoeced late penalties, including leaving open permits. Post if you'd like to discuss fully.

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Is there a reason why the 12th floor residents can't take the elevator to/from the 11th floor and walk up/down 1 flight of stairs? Is there a problem with the 12th floor - the door doesn't work or doesn't exist?
As Carin stated, having a firm deadline and penalty clauses may reduce the timeframe. I would be flexible on the start date until the required parts are on site and checked to see that they are to specs. Push back the start date if necessary until everything has been checked.
I was recently told by our elevator company that there are new NYC elevator requirements that need to be in place by Jan 1, 2020 that will take most NYC elevators out of service for the work required. He also recommended upgrade of our control panel due to its age (only 18 years old) as parts are getting harder to obtain when needed. With the control panel replacement, the elevator could be out of service for 4-6 weeks. Ballpark cost per elevator with the new control panel $80K.

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light maintenance requirements for rent stabilized building - regina Jan 23, 2017

hi all - i live in a rent stabilized building in queens. 16 units, more than 25 tenants. the owners do not give a crap about us, they make a lot of money on their other properties. technically, we have a "super" but she just cleans the apartment and throws out the trash once a week. every time i've asked the manager to fix something, he will string me along for months saying "i'll call someone" - for months! without doing anything - then i call 311 and it's fixed right away. i'm not a diva, it's always something major - toilet won't work, shower spewing boiling hot water. mymost recent issue is that the lights in my bedroom, which i need to work out of, go off and then eventually go back on. an electrician once explained to me that it's bc they're a certain type of light that overheats. they need to be replaced with bulbs that don't overheat. i recently told my landlord and he said to text him tomorrow about it (stringing me along.) i won't be strung along anymore. i just want to know, can i call 311 about this? is he obligated to fix this? thank you so much for your help. it is my first time posting.

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Try this website: http://www1.nyc.gov/nyc-resources/service/1950/residential-maintenance-complaint

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Coop/Condo Insurance - Wayne Margulies Jan 13, 2017

Due to insurance banking regulations on most coop and condo purchases only requiring what most insurance professionals state is minimum coverage - in case of a loss, the majority of owners are woefully underinsured. These limitations include but are not limited to - what you own (furniture, clothing, electronics, fine arts and collectibles, jewelry, etc.), costs to rebuild, protection in case someone gets injured on your property or something that happens in your property causes damage or injury to someone else or someone else's property. If I've piqued your curiosity, I'm offering a no obligation review of your insurance needs, exposures and how you are covered. You're welcome. Wayne Margulies, 212-338-2203 or wayne.margulies@hubinternational.com

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What is the minimum coverage required by insurance banking regulations?

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That's a very good question with not a very simple answer. Every lending institution has their own guidelines, as well as guidelines for the specific building and property. Then add in individual board and/or association rules, well you can see the possibilities are endless. Best guidelines are to require limits specific to the specific property and that "Guaranteed rebuild", regardless of limits purchased are included along with enough liability protection - damage to others property or injury to others - within the context of the dynamics of the building. In Manhattan - it's not uncommon to have High Net Worth (HNW) and Ultra High Net Worth (UHNW) neighbors. Imagine your bath overflowed and caused damage not only to your next door neighbor but also your downstairs neighbor AND their next door neighbor. It happens. Imagine one was a fine arts avid collector - value $10- $50 million and all you had purchased was $1-$5 million (typical amounts purchased without an appropriate review) of excess/umbrella coverage. Now imagine some of the fine arts of your neighbors damaged or destroyed to the tune of $25 million. Well your insurance should cover up to the limits you purchased, but then you will be personally on the hook for amounts not covered by insurance, which to most would be a catastrophic event. There are too many scenarios which is why a comprehensive individual review of your specific needs is essential.

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> Join the conversation Comments (2)

Following is one example of what I call minimum banking requirements - leaving the owner completely exposed, while thinking - "I have insurance!"

o The policy must be equal to 20% of the appraised value OR state that the amount is sufficient

Appraised value has no relationship to what it may cost to rebuild, what your personal property is, loss of use if you need to live someplace else while your property is being repaired, the liabilities each of us faces.

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The mortgage bank is only interested in being made whole in the event of a full or partial loss to their collateral, i.e. the apartment or building. In a co-op, the loss of the building is the responsibility of the co-op corporation. Each shareholder is only responsible for the basic outfitting of the contents of the apartment. That's why mortgage banks want to see a copy of the co-op's underlying liability policy and may or may not require a separate co-op owner's policy.

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While I've never seen a bank not requiring a "separate coop owners" policy, I think you immensely for adding this post as it just goes to support - that banking requirements or lack there of have no relationship to what an individual or family or business needs to have in place to protect what they own, who they love, and what they care for. If there are coop or condo owners without homeowners insurance plus an umbrella or excess insurance policy regardless of bank regulations, you must fix that today. Our world is litigious. Without insurance, you will be personally responsible and unless UHNW- you do not have the available funds to cover a loss.

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So what you're saying is that if my downstairs neighbor has a $15MM Rembrandt hanging in his bathroom and my tub overflows, I need to have enough insurance to fully cover his loss?

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> Join the conversation Comments (1)

If you live in that world - then yes, you need to own appropriate limits as you would be responsible for that type of loss if the the cause of the loss occurred in your property. In your scenario, the board would have a better idea of who lives in their building, and their rules would require higher limits and be stated in the by-laws. Naturally I'm hoping someone with a $15mm Remebrandt would not have it hung I a bathroom or underneath someone else's bathroom, but common sense is not and exclusion or requirement of insurance or liability. What I'm hoping to share is that most individuals are under insured and the same way your taxes are reviewed annually, so should your risks and exposures - especially if you work with one of those direct carriers who allow to state what you want to pay, or we've been there, or have animated spokespeople as well as worldwide call centers with faceless reps. These reviews should include your homeowners, auto, valuable articles- i.e. - fine arts, collectibles- jewelry, musicals instruments, stamps, coins etc - as well as your life insurance, disability insurance and long term care insurance policies - as life changes, and we cannot rely on protections that were put out n place sometime in the past have kept up to date with who we are now.

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Coop apt - Evangelina Jan 11, 2017

Hi my name is Evangelina. I am the sole shareowner of a coop apt in the bronx. My soon to be ex husband threw out all of my belongings and gave my bedroom space to his eldest, my Stepson. How do I regain my room back. I am currently in divorce and housing Court. Both cases are marching slowly. I have no where to live. I was staying with a friend whom unfortunately has move out of state. I have keys to enter my apt.

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Suggest you contact a lawyer, immediately.

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Ty. I have an attorney.

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Without knowing what has happened previously in the divorce/housing court proceedings, it would be unwise for anyone other than your lawyer to give you advice. If you don't like your lawyer, you can always look for another one.

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coop right of first refusal question - pk Jan 10, 2017

In our NJ coop, a resident shareholder in our open meeting last night, asked if a shareholder could exercise "right of first refusal" to prevent extremely low sale prices? I'm not even sure that our by-laws and proprietary lease have this provision for our coop to do so, but I always thought it was just the coop that could exercise this right. Does any coop with experience, know the answer? Our coop is not currently interested in making purchases as we have some large projects on our plate. Could an informal request be made, asking shareholders, looking to sell at low values, to offer to current shareholders first?

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Check the prop lease and consult a lawyer. But the Board should be able to make a deal with a shareholder to buy the apartment after the Board exercises its right of first refusal. As long as the selling shareholder gets its price, there should not be a problem. (Assuming the Board is not colluding with the buyer to lower the price.)

But the Board should consult an attorney.

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There is no provision for ROFR in the prop lease or by-laws. Would it need to be there or could we do this without having the actual wording? The seller would still be able to make the sale. I do think it makes sense for it to be in the by-laws. We will of course consult the attorney, but I have to provide as much info to my board so they might consider it & why it would be beneficial. Based on other articles I've read here, the Board could designate another shareholder, it seems. I'm trying to make the case for how it will benefit our shareholders, protect property values & how to make it happen. We also want to educate the shareholders on why this is a good idea and if someone is looking to sell quickly & much below current values, then maybe there could be an active list of shareholders, who could be ready to purchase should it come up.

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neighbor operating with a home processor certificate - westsidegirl Jan 09, 2017

Hi my name is Sheila. I live in a co-op and the neighbor below me is running a home baking business with a home processor certificate. She bakes and the aroma fills my apt. It is destroying my quality of life it is making me ill smelling the sweet baked goods. I have been back and forth with the board of which her husband is a member to no avail. I have had food safety come and they sited her for using commercial equipment. The commercial equipment was removed. The baking continues...What can I do???

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There is a complaint line for odors with the city. Register a complaint there, aside from the one you already put to use. Your neighbor should have a vent with sufficient cfm (evacuation) to clear the air. You may also want to bypass the board and go straight to the managing agent. A lawyer is expensive but another avenue of complaint.

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311 does not take food odor complaints. do you know which city agency does???

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Hi, I have question about this issue..the board has finally responded to me with the following:
4. There is no issue of “habitability” since the smell of baked goods does not make an apartment unlivable.
5. There is no health issue, as the smell, as I understand it, is unpleasant, not unhealthy.

is this legal..I have written time and time again that the sweet smell makes me ill causing headaches..

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I live in a self managed coop..

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> Join the conversation Comments (2)

i just called 311 they do not handle food odor complaints

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Check your Prop Lease. There is probably a provision about unreasonable orders and another provision saying that Apartments can be used for residential purposes only.
If the Board wont do anything, you may have to contact an attorney. Or perhaps someone at the attorney general.

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Many leases or house rules have restrictions allowing odors to go into common areas or other units. If that is the case and the board has been notified and is refusing to do anything, perhaps speak to an attorney about your options.
Another option is to seal up your apartment so that the odors can't enter. This could be caulking the gap where the baseboard meets the floor, around window and door frames, heating and water pipes. You can also add foam draft stops around outlets and light switch plates. This will also reduce the likelihood of bedbugs, roaches, etc. getting into your apartment.

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http://www1.nyc.gov/nyc-resources/service/1163/indoor-air-quality-complaint

Most proprietary leases do have warrant of habitability clauses. Having worked in insulation I can tell you odors are very tough to combat. It's expensive as if there are bays in the wall (spaces between studs) that interconnect odors will come up that way also.

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Hi my name is Evangelina. I am the sole shareowner of a cooperative 3 bedroom apt in the bronx. I am currently going through a very difficult and ugly divorced. My soon to be Ex husband has thrown out all of my personal belongings. He is living in the apt along with his three adults children ages 31, 29, and 25. He has given my Master bedroom to his 29 yr's old son. His 31 yr's old daughter is a certified teacher with the DOE. And she is not suppose to live there according to the coop by laws, because of her income. I did go to court to obtain an ILLEGAL LOCK OUT ORDER. The judge granted me RE-ENTRY. But I am unable to physically live there as to which i have no where to sleep. QUESTIONS. Can I go to my apt and demand my bedroom back? Can I remove my Stepson's items from one room to another, in order to bring in a bedroom furniture. I don't have anywhere to live as I was staying with a friend and she has moved out of state.

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Hi my name is Evangelina. I am the sole shareowner of a cooperative 3 bedroom apt in the bronx. I am currently going through a very difficult and ugly divorced. My soon to be Ex husband has thrown out all of my personal belongings. He is living in the apt along with his three adults children ages 31, 29, and 25. He has given my Master bedroom to his 29 yr's old son. His 31 yr's old daughter is a certified teacher with the DOE. And she is not suppose to live there according to the coop by laws, because of her income. I did go to court to obtain an ILLEGAL LOCK OUT ORDER. The judge granted me RE-ENTRY. But I am unable to physically live there as to which i have no where to sleep. QUESTIONS. Can I go to my apt and demand my bedroom back? Can I remove my Stepson's items from one room to another, in order to bring in a bedroom furniture. I don't have anywhere to live as I was staying with a friend and she has moved out of state.

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> Join the conversation Comments (2)

Hi my name is Evangelina. I am the sole shareowner of a cooperative 3 bedroon apt in the bronx. I am currently going through very difficult and ugly divorce. My soon to be Ex husband has thrown out all of my personal belongings. He is currently living in my coop apt with his three adults children, ages 31, 29, and 25. He has given my Master room to his 29 yr's old son. And his oldest daughter 31 yr's of is a certified teacher whom works for the Board Of Education. And according to the HPD standard coop bylaws doesn't not clarify to live there. As to the Coop has a standard low income for shareholders. I did go to Housing Court for an ILLEGAL LOCK OUT. The judge did grant me re- entry and said my husband isn't allowed by law to keep me out. However the situation has become very critical. As to which I don't have a place to live. I was staying with a friend who unfortunately had to move to another state. MY QUESTIONS May I go to my apt and demand my sleeping quarters return to me. May I remove my Stepson's personal items (bedroom, clothing ect..) to another room in the apt to make room for myself.

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> Join the conversation Comments (1)

Ask your attorney, but you may want to consider calling the sherrif or police.

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Evangelina - Yours sounds like a very precarious situation. You must talk to the attorney handling your divorce and not ask for advice here. If you do not have an attorney, ask the court or Legal Aid to appoint one for you. If you have an attorney but cannot ask your attorney the questions you are asking here, you need to find a new attorney.

I'm sorry if this sounds harsh and uncaring, but you need immediate help and from the way you described your situation only an attorney is in a position to provide that help.

Good luck.

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is this legal..
Hi, I have question about this issue..the board has finally responded to me with the following:
4. There is no issue of “habitability” since the smell of baked goods does not make an apartment unlivable.
5. There is no health issue, as the smell, as I understand it, is unpleasant, not unhealthy.

is this legal..I have written time and time again that the sweet smell makes me ill causing headaches..

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Forced air duct clog? - Carin Jan 03, 2017

Hiya,
Our 9 story co-op has two units per floor all which have bathrooms with forced air vents that lead to a fan on the roof. One apartment's second floor bathrooms don't vent properly. The other second floor bathrooms do. All of the vents above that level are fine. We cannot find an HVAC firm that will come in with a flexible camera to tell us if there is a tear or clog in the duct work. Ripping up the stack where that duct is located means ripping through some very expensive renovations. The apartment directly above the bad fan has open walls now. We've had two HVAC firms come through, neither one could do the job once they arrived. Can anyone suggest any vendors? Thanks!

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Roof rights - sprtagt Jan 02, 2017

Hi. Our lease grants us exclusive use of the roof above our apartment for 'entertainment purposes'. We just realized last week that board is using the roof to store supplies for a building facade project in the spring. We have asked them to remove all of the supplies (bricks, etc) because 1. we believe they can damage the roof and 2. we are in the final stages of getting our roof deck approved and want to begin the work. The lease agreement includes the roof as part of the definition of 'apartment'. It seems like the standard one I've seen in several cases I've researched, in that it doesn't grant the 'building' any rights to the roof except to repair it or to install something that benefits the entire building (ie. a television antena). They are not repairing anything on the roof. They started a facade project and it won't finish resume until the spring. Should we get legal counsel? Can the board appropriate our roof space without our permission? Doesn't the Quiet Enjoyment section and the Right of Entry section in our lease agreement prohibit their actions? Thanks!

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Definitely get counsel. The ultimate results will turn on the legal interpretation of your lease and what implied rights the board has (business judgement rule) to use the roof space for the benefit of the entire co-op.

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Service dog as pet - Esty Dec 28, 2016

My husband and I own a condo as a second home. This condo association has a pet rule allowing only ONE pet per household, under 15 lbs. I have a Service Dog which meets these guidelines so have never had a problem. However, we are interested in adopting another small breed dog at this time. Since a Service Dog is not considered a "pet" , we were wondering if we would be able to have the other dog as the "pet". Has anyone come across this? Thanks in advance for your input! And Happy New Year!

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A couple of questions: is your dog a service dog or an emotional support dog? and did you submit to the board the required papers for your service dog, regardless of meeting the 1 pet rule? The reason I ask is that an emotional support dog is considered a pet while a service dog is not.

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Hi Ned. Our dog is a Service Dog. The board is aware.

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Because 1 dog is a service animal who has been trained to perform tasks and do work that mitigate your disabilities and must be accommodated, by law, regardless of house rules, I would say you have a strong case to acquire a 2nd dog as an allowable pet.

However, I would write the board before I acquire the 2nd animal to ensure that you have their understanding (difference between the 2 dogs) and support. And while it is not required by law, I would attach the documentation for the support dog to certify the distinction between the 2 animals. You want it clear in their minds the unique difference between the 1 allowable pet and by law, the allowable service dog.

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Assessment & Maintenance Increase - peoples choice #1 Dec 21, 2016

Share holders are very upset by these increases, we have 3 ways of raising money but the controlling board are mostly in the garage which they say the co op is subsidizing the renting fees. The garage has been raised only once the cost is now $80.00. The going price for enclosed garages are $350.00 in our area. Also last year the board voted on assessment by charging an extra maintenance by not trying to cut budget spending and raising bike storage fees from $7.50 a month to $10.00 a month and keeping the garage rentals to $80.00 a month. Our co op has excellent financials, well over 2 million. So the share holders are holding private meetings to question the boards personal agenda and the managing agent not guiding the board to look closely to cut expenses. We all plan to vote out the president and two other board members who have garage rentals. But how do we handle the board from not charging us another extra month maintenance and increase the low rental fees.

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Just like your raise at work, all increases (maintenance, bike, storage and parking) should increase at the same percentage .. it takes the drama out of the conversation. Run for the Board yourself, it sounds like you'd do a great job !!!

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What type of expenses are you looking to cut? Are they "nickel and dime" expenses or big items like the roof?

You say the co-op has excellent financials, but the Board still voted a maintenance increase and an assessment. That doesn't seem to make sense.

What is the Board's personal agenda?

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You don't provide any info about the size, location, budget of the coop, size of the garage, other amenities. Are you saying that the coop has $2mm in reserves? Or is that the value of the assets on the financials? What condition is the building in? Are there major projects needed, such as to repair roofs, brick work?
I don't agree with the other comment that the bike and garage rentals should be increased at the same % as maintenance. It depends on the building, supply and demand of the amenities. Do you have storage available, or laundry facilities? They are also sources of income to the coop.
In our building, we charge $24/yr ($2/mo) for bike storage. The space is not usable for much else and it keeps the bikes out of the hallways and elevators, reducing damage and dirt, and the space has easy access to the service entrance. Storage lockers pay for themselves in about a year, we charge $1.50 per sq. foot, and have access within the building. Are all the garage spaces filled by building occupants, is there a waiting list? If 2 of the board members have spaces, out of maybe 50 spaces, 48 others are benefiting too. Are there any costs associated with maintaining the garage?
Cutting the budget is not an easy task. Most of the budget goes to water and sewer charges, property taxes, staff salaries and benefits, building underlying mortgage, professional fees/management, repairs and those necessary utilities - gas/electric/oil/heat/hot water. Most budgets have very little discretionary spending.

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The prices being charged for the parking spots and bike storage appear to be excessively low. The Board has the right to raise prices for each, but should do so gradually until you reach a reasonable dollar amount. If your reserve fund is $2MM, that is a very nice number to have - perhaps it's high because there is little spending done on maintenance projects.

The only time that you can vote out any Board member, is during the annual board meeting held with shareholders. And if you succeed, should have available shareholders ready to fill in the open spots.

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