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Co-Op alterations - Wet Over Dry condition - Board Prez Oct 26, 2016

We have a new shareholder who is proposing to expand his bathroom into an adjoining hallway. He would not move any plumbing or fixtures into that area. He is replacing the tub with a shower, however. The shareholder would be required to add a waterproof membrane to the new area.

We do not have a policy about this, and it has never come up before. I am told "many, many" co-ops prohibit it.

The co-op's architect says that it is up to the Board whether or not to approve it, though he gives details of some risks.

In our 70 year old building, we have had many leaks from bathrooms from plumbing inside the wall and from shareholder installed fixtures which caused damage to apartments below and adjacent.

Curious to know whether other board routinely grant permission to install wet-over-dry conditions? If you have granted permission, have you had shareholders who feel themselves compromised complain?

Let me know of your experiences.

Thanks so much

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We do not allow these types of projects in our co-op. We would not let a s/h replace a tub with a shower. If there's a tub before renovations, there must be a tub after renovations.

We feel you're opening up a door by allowing this type of renovation. Our building has piping for the bathrooms as they were originally installed. It's not set up to be changed, especially in an old building. That's asking for trouble.

No complaints from s/h. We just tell them that these are the rules and they've all complied.

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Many of my friends pre-war coops allow this. As long as you have a smart architect look it over and the plumbing done correctly and safely by qualified persons. Especially if the appliances stay over a wet area - there is no reason not to expand the footprint of a tiled floor or kitchen area. In fact many apartments in our building have wet over dry layouts from the days when the apartments were divided during the depression.

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Elevator Maintenance Companies - Marty Oct 25, 2016

Does anyone have any experience (good and bad) with the following elevator maintenance companies?

...Genco
...Champion
...Solid State

Any insight would be appreciated.

Thank you.

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There is only one company to go with and that's Centennial.
Available 24/7, 100% professional every-time.

CEI currently has 57 Modernization Teams, 50 Maintenance & Service Technicians, 15 Repair and Testing Teams, 7 Modernization Supervisors, 7 Maintenance Superintendents, and 5 Area District Maintenance managers. In addition, we have our fleet truck drivers, stock room warehouse personel, and 30 office staff, located at our main office in Queens.

CEI’s in-house dispatchers are employed by us and are located in our main office 24 hours-a-day 7 days a week. They are in direct contact with our Maintenance & Service Technicians and supervisors through both radio and phone. This, with the combination of having a studio apartment at 435 Central Park West in Manhattan for our off-hours service technicians to stay overnight, enables us to give our clients prompt and efficient service 7 days per week, 24 hours per day. The other boroughs have the same level of coverage; however they are handled separately with a technician and supervisor for each.

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We switched to Genco last year from OTIS, we're in Brooklyn. Several of the techs live in the area, we get 24 hour service usually in an hour or less. We're about to perform some recommended upgrades, as well as one per new NYC regulations. The service has been excellent.

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Thank you JG for your input. Much appreciated.

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Settlement proceeds taxable? - Mark Oct 24, 2016

Our condo recently settled a case where we sued the sponsor for structural damages. Are the proceed taxable? I don't think they are but I am not sure.

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Not meaning to sound flippant, but simply ask your condo's accountant. He has much more information about the structure of the settlement and how it relates to your condo's finances than anyone in these forums.

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Free Newsletter Template? - H. Oct 22, 2016

Can anyone suggest where I can find a free user friendly co-op newsletter template for Apple Pages?
(I'm not happy with the ones provided by Apple.)

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boiler heat adjustment - Stephen Oct 22, 2016

I live in a co-op and until this year, when we wanted to make adjustments to the thermostat, residents who understood the control box and had a key could go to the boiler room, and adjust the length of heating cycle longer or shorter to adjust the amount of heat coming into the building as weather needs dictated. We're being told by our board president that there are new regulations that disallow that, and now only a certified person can do this. We're not talking about touching the boiler itself, just the control panel. Is this in fact disallowed?

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Under the New York Department of Labour code section 4.1.13, it stipulates that any person attending a boiler must be sufficiently trained and logs must be kept. Under no circumstances should residents be doing this for safety and security reasons. In addition, what you may consider too hot or too cold is acceptable to other residents. Complaints or requests to adjust the length of the heating cycle or heat should be made to the superintendent or Property Manager.

In addition to the board disallowing access by residents, they should change the key so that only authorized personnel have access to the boiler room.

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Just curious - how many apartments and how many shareholders had keys?

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> Join the conversation Comments (1)

2 apts, the warmest and the coldest

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You don't say how many units are in the building, hot water or steam heat (1 pipe or 2 pipe), how many floors, units per floor. If there is a disparity of more than 5 or 6 degrees between units, the system may need to be 'balanced'. On a steam system, radiators usually have a vent that can be easily changed to allow more or less air to escape the radiator as the steam comes up, speeding up or slowing down the steam (heat) to the unit. There are also replacement thermostatic valves for the steam vents that will only allow steam to enter if the individual radiator thermostat calls for heat, and the steam is coming up. Depending on the location of the boiler, those units farthest away, both vertically and horizontally, usually need larger vents and the closest ones need smaller vents. Check out gorton-valves.com for general vent info, and also search on thermostatic radiator vents. Thermostatic valves are also available but they will usually require a plumber to install.
Hot water heating systems should have one or more zones for heat that can be individually controlled via thermostats in each zone/area.
Only the super and maybe a trained board member should have access to the controls.

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I could not agree more with Ned's comments. Unless someone has been sufficiently trained (and in some locations, licensed/certified as well), they should be kept far away from the boiler and its controls. Even if they "think" they know what they are doing or have been doing it for a long time, your boiler is not something lay people should be adjusting. Change the locks and make sure only your super and property manager have the new key.

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Major Gas Pipe Error by Plumber - Lilly Oct 14, 2016

Hi everyone, I am doing a gut renovation in a Manhattan apt. After demolition, I discovered a gas branch line that obstructed passageway into a proposed hallway. I asked my licensed plumber if it was ok to relocate it higher. He said it's "no big deal", it's commonly done; we shouldn't have a problem because we are not touching the building gas riser. After the work was completed, the building architect came by and said I was in a world of trouble. The plumber had replaced the gas valve which is located inside my apt about a foot from the building riser. Now, the Dept of Bldgs (DOB) will require that we do a pressure test of the building riser. The pressure test will likely fail due to the age of the building being nearly 100yrs. The DOB/ConEdison may then turn off the gas to the building until the bldg riser is repaired or replaced; most likely replaced again due to the age of the pipe. I am petrified that I am on the hook for the replacement of the building's riser and related costs such as repair to other shareholders' apts that result from installing the new riser. The new riser benefits all shareholders so I don't feel its fair that I be responsible for the full cost of replacement. The old riser is also an existing condition that would've need replacement in the near future anyways. The Board may argue that I've assumed all expenses when I signed the alteration agreement. What will the plumber's insurance cover in this situation; just the depreciated value of the old riser? Someone please help. I am scared to death right now.

- Lilly

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The building architect was not informed you were moving the gas line inside your apartment - ?

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No. I had the plumber coordinate with the building superintendent who was present when the work was performed. Given the gravity of this error, I don't understand how the super didn't know about this issue either.

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He got a tip - right?
Ours overlooks illegal stuff by contractors all the time. and get's away with it despite the problems that result. Really coops and condos should not involve Supers in significant renovations. I might add that since your Super knew about the situation you are entirely off the hook as he is a coop employee. His mistake = it is the coops mistake. Put it in writing to the board.

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I don't believe he received or even wanted a tip. The gas valve was leaking, typical for an 85yr old valve. I think he honestly thought he was acting responsibly when he allowed it to be replaced.

I spoke to a real estate lawyer friend. He said the bldg riser is an existing condition. The alteration agreement holds me responsible for damages I cause. My plumber replaced a leaky valve. To the extent he damaged the branch line or the bldg riser while replacing the valve, I would be responsible. But he didn't damage anything. The plumber's work triggered a DOB rule that any work done on a gas valve requires a subsequent bldg riser pressure test. If the bldg riser was brand new, the riser would pass the test. But the pressure test will fail not because of anything my plumber did but because the bldg riser is 85 years old and already in need of replacement. The poor condition of NYC's gas pipes are well known in the popular news. There have been a few reported cases of people smelling gas and calling ConEd. The DOB/ConEd then come in, shut down the gas, and require the building to replace its riser. Those individuals are never held responsible for the cost of replacing the building riser. They acted responsibly but could not have anticipated the consequence of notifying ConEd. What if I had opened up my wall, discovered an illegal gas line and called ConEd. The same outcome (i.e. bldg riser replacement) would've occurred. I wouldn't be held responsible for replacing the bldg riser then, would I? My plumber did not cause any damage to the riser; did not touch the riser even. To be sure, he may be fined for doing work on a ConEd pipe without obtaining prior ConEd authorization. But that is a completely separate issue. A more complicated case arises had my plumber put a sledgehammer thru the building riser. Then the questions of quantifying the damage and splitting financial responsibility become more murky.

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In the building alteration agreement, did it specify that no alterations are to be done to change the existing layouts of, and for example, gas, pipe, telecommunication etc. lines? If it did and you proceeded regardless, then you may be "on the hook". If it did not, then you are not responsible; it is up to the board of directors to ensure that shareholders understand the limits of renovations that is allowed. Normally there is a clause specifying what is allowed - and what is not.

The superintendent would only be responsible if it has been clearly communicated to him (and in writing) what he can and cannot approve i.e. "cannot approve any gas line work". However your licensed plumber should be aware of any restrictions of his trade (and is a licensed plumber "plumbing" the most qualified to do the work that was performed which could explain why he was unaware of DOB requirements?).

I would make myself available when the tests are done by DOB so that you can hear first hand whether or not the work you had performed impacted the pressure of the risers.

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Safe repairs in a co-op - double standard - DM Oct 14, 2016


Hi,

Our cooperative requires shareholders to retain licensed, insured plumbers to conduct 'in-the-wall' plumbing. However, when there is a leak on an internal pipe that falls under the responsibility of the co-op to repair, they often try to send the unlicensed Superintendent to do the work in order to save money. He is unqualified and this has resulted in more leaks, further damage and faulty work - and is also illegal in NYC. Yet, the co-op persists in pursuing this double standard.

Can we , as shareholders who are obligated to follow co-op rules, refuse entry to unlicensed workers to perform illegal repairs? can the co-op force work that violates city rules, (as well as the cooperatives rules themselves)?

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You have a 2 fold situation:

1) As a Board member, I would never allow unlicensed workers to do any work in our co-op.

2) Our co-op also uses our superintendent to do many onsite plumbing jobs, but he does good work.

Have you and others notified the Board that the super's work is substandard? I would make it clear to the Board that this poor workmanship will cost the co-op $$ in the long run, since the super's work will likely need to be fixed in the future.

If this approach does not work, then I would tell the Board that if things don't change, you'll have no choice, but you'll have to bring this topic up at the Co-op's Annual Meeting, where all shareholders will hear about your situation.

If your description of the super's work is accurate, then there will probably other shareholders who will echo your sentiments at the Annual Meeting. That's probably not a situation that the Board wants to find itself in, so I recommend the direct approach in talking to the Board.

Good luck.

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Good advice. But our Board is very difficult to deal with. I want to know - do I have to let in unlicensed persons who will perform illegal work and breach House Rules we are all supposed to follow or can I refuse?

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The short term answer is that have a choice: you can either let the super do the work or you can pay out of your pocket for a plumber to do the needed repairs if you don't want to use the super.

I understand your frustration, but you'll need to create a paper trail and start documenting things if you want them to change. Only by having a paper trail from you and others will you have concrete proof of the super doing substandard work.

Everything is legal these days, so that's how Boards have to operate. That's why you need that paper trail - to offer proof that what you claim to be happening is actually true.

I'd also recommend that if you're not happy with the way things are, why don't you run for the Board? It's easy to sit back and complain, but you can get involved and help to effect needed changes that you think are necessary. That's why most people initially run for the Board - they have a pet peeve that's not being resolved to their satisfaction.

I've served on my Board for over 20 years. It's a thankless job to help operate a million dollar corporation, and shareholder help is always welcome.

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I have no obligation to pay out of pocket.

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The previous super did the same in our building. He also renovated apts on co-op time. When I addressed it with the board president he said “if you don’t like it you can leave”. He was a complete nightmare but for some reason it continued and I became his target. Now that he is gone the place is springing leaks like a sieve. Most recently a hot water liner broke in an apt where he had done renovations. Steaming hot water entered the apt below and in 5 minutes the damage was extensive. Allowing this to continue is a major mistake, I suffered more than once because of his renovations and had warned them about this. We now have no idea what is behind those walls he worked on and when we will experience another geyser. This is not a question of if just when, good luck, some boards are just poison.

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Board Members Stranglehold - Condo Owner Sep 28, 2016

We have a small building - 12 units. The majority owner is on the Board, two people who live in the same unit and two other members - totaling five members. The first three have been on the Board for over ten years and refuse to give up their seats. The building has many pied-à-terre owners, who vote by proxy and are not effected by the stronghold that the Board has had over the rest of the unit owners. My question is how can we force retirement of some Board Members, or at the very least declare that it is not in the best interest of the building to have two voters on the Board who sleep in the same bed - can they be unbiased? The decisions that the Board makes are usually driven by the interest of the two people who live in the same apartment and have the majority of proxy voters - it's a no win situation and we feel unheard and defeated before we even have the opportunity to voice our opinion. Many decisions, like to put in an expensive surveillance system, are made without a vote of the building, but each unit owner must contribute to this additional expense (without notice). When questioned, the Board goes on the defensive, because it's their right to make these decisions. What to do? We are trapped!!!

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From the way you describe your unfortunate situation, the best and easiest way to change the status quo will be to rally the other shareholders to vote out the current slate and vote in a new one. Unless you have a customized proprietary lease and bylaws, voting is based on the number of shares cast for each candidate. The three current board members who live in the same apartment can only vote the shares allotted to their unit. If the rest of the shareholders put together a new slate of candidates and all agree to vote for the new slate, you *should* prevail. I also suggest that you consult with an attorney who specialized in co-op law. This is to make sure your plan will work and that there aren't any obscure gotchas in the PL or Bylaws that will thwart your plans. It will also give you support if the existing board tries to nullify the vote or in some way manipulate the election.

Good luck!

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board of directors and management co. - PC Sep 23, 2016

Is it regular practice for a "new" Board to make changes to the bylaws and rules and regulations? This BOD came in by default, since most members didn't vote. This BOD is already suspicious of questionable practices serving the influence of the management co. that has become a main player irregardless of the members. The management co. "advices" and makes decisions regarding employees and services and the BOD just votes in favor.
There has been a lot of shuffling of people on this Board and substituted by others that go along with them.
There is little transparency regarding our finances and we have no control over.
I know that we could vote a new BOD on the new elections in March. They could very well be "wiping out" our funds at their leisure, what can we do now?

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You need to read thru your prospectus/house rules/bylaws/proprietary lease/governing documents. Those documents determine what can be changed by the board or voted on by the members of the corporation, and how the board gets elected/selected/appointed. In general, you should be able to read the board meeting minutes, probably at the management company's office, and you should receive an annual audited financial statement. You can make a complaint to whatever state authority governs your property, often the State Attorney General, if they don't permit review of the minutes or fail to provide financials, etc. The board has a fiduciary duty to follow the governing documents. Run for the board.

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board of directors and management co. - PC Sep 23, 2016

Is it regular practice for a "new" Board to make changes to the bylaws and rules and regulations? This BOD came in by default, since most members didn't vote. This BOD is already suspicious of questionable practices serving the influence of the management co. that has become a main player irregardless of the members. The management co. "advices" and makes decisions regarding employees and services and the BOD just votes in favor.
There has been a lot of shuffling of people on this Board and substituted by others that go along with them.
There is little transparency regarding our finances and we have no control over.
I know that we could vote a new BOD on the new elections in March. They could very well be "wiping out" our funds at their leisure, what can we do now?

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Hi. I am interested in buying a 2bed/2bath or 3/2 apt....I contacted my realtor but thwy have not gotten back to me. Why is it so difficult to find an apt from the Gerard Towers on the market?

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