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Need an up to date article explaining the fiduciary responsibilities of Condo Board members - Elisa Sep 16, 2023

Hello, I'm concerned that my fellow board members do not have a clear understanding of what their responsibilities are as fiduciaries for the condo association. Could someone please provide me with an up-to-date article on the fiduciary responsibilities of board members? These are not explained in our condo by-laws, but as I understand it New York State/ City regulations stipulate that elected Condo and Co-op board members act as fiduciaries for the Condo/ Co-op association. A definition of "fiduciary responsibility" as part of the article would be helpful. (In doing a search I did find a couple of articles, but they were from about 10 years back. I think my colleagues need to see an up-to-date article) Thanks.

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You're actually using one of the best resources for information about co-op and condo board members - Habitat Magazine. Check the archives for phrases like "co-op board member fiduciary responsibility". I believe they have more current articles than 10 years old.

If this doesn't work contact the Council of New York Coops and Condos (CNYC) at https://www.cnyc.com/. Check through their archives. If you're not already a member, become one.

Narrow your Google search to "NYC coop board member fiduciary responsibility". When I tried it, it returned 425k articles one-year-old or less.

"Fiduciary Responsibility" is a broad category with different meanings in different situations. The fiduciary responsibilities of a co-op board member are much different than an estate executor or of a financial advisor or the trustee of a trust.

I hope someone on here has an article or link that is on point to what you are looking for. If not, you will be exposed to more information than you thought possible but will be eternally grateful you found out about when dealing with your fellow board members. :-)

Good luck!
--- Steve

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> Join the conversation Comments (2)

Here’s a few articles which nicely explain fiduciary responsibility. From 2022: https://www.joindaisy.com/blog/whats-the-fiduciary-responsibility-of-board-members

From 2021: https://www.armstrongteasdale.com/thought-leadership/overview-of-fiduciary-obligations-of-board-members/

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Thank you sooo very much for the information! I was thinking of this, and did not know where to start. But I should have known better! HABITAT HAS EVERYTHING TO KNOW/SUGGEST, OR DIRECT COOP, CONDO BOARDS! THANKS AGAIN HELPED ME ALOT.

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Proper procedures for annual meeting - Elisa Sep 13, 2023

I was elected to my Condo's board, and I'd like to follow proper procedures. A volunteer took notes at the meeting (I was elected at the end of the meeting), and his notes are much too detailed. I served on a board several years back; and recall that notes are not supposed to be extremely detailed. Also, when are the notes supposed to be okayed, and by whom? Any other tips on minutes --for annual meetings, as well as for Board meetings--and for record-keeping, in general? Thanks.

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Making changes to By-Laws in Offering Plan - Elisa Sep 09, 2023

Our condo's original offering plan (written decades ago), including by-laws, specified a certain number of board officers which was an even number. In practice, however, over the last several years, there have only been a small, odd number of board members who have been elected and served. A long-term owner told me that someone, several years back, decided to merge 2 of the roles mentioned in the by-laws into one--but that change is not reflected in any addendum or revision to the offering plan. My question: Wouldn't we formally need to change the by-laws in order for this practice to be kosher? I do know we'd have to pay attorney fees, but wouldn't this fairly slight change be less expensive than others? Thanks for any intel.

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I lived in a co-op , not a condo. Any desired change to the existing by laws required that an amendment to the by laws be put to a vote of the shareholders, and it needed approval by 2/3 of the shareholders in order to pass.

You'd need to check your by laws to see the procedures and percentages required to amend the by laws. I'm sure that these procedures will probably be stated quite clearly in your by laws.

In our co-op, if that didn't happen, then the original by laws remained the law of the co-op.

If your condo was our co-op, then that merging of the 2 roles without a by law amendment would be illegal and invalid. So you definitely need to contact an attorney to find a course of action.

Trust me, if any of the people who illegally changed the by laws are still on the board, they will scream bloody murder at your proposed actions. But, stick to your guns. They will scream because they KNOW that they violated the by laws - and any challenge by you and/or other condo owners will be upheld in court.

Good luck and keep us posted.

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Legal? - Datrik Wass Sep 06, 2023

This is the scenario:
7 Board members total.
4 Board members vote to direct general Coop funds to an elective project that directly and only benefits those 4 board members.
Motion Passes since the vote is 4 yes, 3 no.

Legal?

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I feel the best course of action is for you and all other questioning shareholders to engage your own attorney. You've provided very little information about this scenario (which is understandable). Only a trained attorney can evaluate the facts and offer an opinion regarding the board's fiduciary responsibilities vs. the business judgment rule.

Good Luck.

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How break a tie in Condo board elections? - Elisa Aug 27, 2023

I'm on the board of a small condo, which has an even number of units. Unlike co-ops, our votes are not "weighted' by the number of shares for each apartment since, obviously, condo apartments do not have assigned shares. If just two candidates are running for a board seat, it's possible that there will be a tie (assuming that each unit only has one vote, regardless of the number of residents in the unit). In the event of a tie, how can this be resolved? PS, the original board documents are of no help since they are very poorly written.

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Why don’t you ask your condo attorney? I’m sure they have seen this before and could help and give a fair solution.

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While condos do not have shares as in a co-op, there is the % of common elements assigned to each condo. Generally, the vote should be tally by using that aspect, which in essence is like the shares in a co-op. A review of the bylaws should review how the voting should be handled. There should be a rare occurrence of an exact match or tie.

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Maintenance payment options? - Pooh Aug 22, 2023

Does anyone have any thoughts regarding shareholders paying their maintenance?

The best option? Convenient and/or cost?

Portal? Manual check sent out or shareholders filling out a form that a co-op will then deduct the funds from your bank?

If we use a portal is that part of the management company fee or a separate cost?

Portal is the most convenient and up to date while still letting the shareholders have control.
The downside of that would be some seniors maybe not comfortable with that process.

Thank you and would appreciate feedback.

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Set up your account with your bank and they will send payment directly to the Management company, NO FEES. I would send a paper check but at times it went until the last day before they cashed it. This is quick, easy and takes the worry out of paying your maintenance

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Setting up auto-pay with your bank so a check is sent automatically is a very good solution... most of the time.

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[Take II]

Setting up auto-pay with your bank so a check is sent automatically is a very good solution... most of the time.

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[Take III - Discovered the boards don't like emoticons :-( ]

Setting up auto-pay with your bank so a check is sent automatically is a very good solution... most of the time. ;-)

Sometimes the actual amount of the monthly maintenance is different than the regularly scheduled amount. This occurs when there is a one-time assessment or in the month the DoF real estate abatement/assessment takes place. Some MA's have a very hard time dealing with unexpected over or underpayments.

A way around this is if your bank has a means via their portal by which you can change the auto-pay amount for a single month. This is the best of both worlds. Or you can simply have your MA set up an ACH connection to your bank and then pull the exact amount each month. I've used this method for years without any problems.

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Free Stores in NYC - marym Aug 21, 2023

I am a volunteer at a Free Store in NYC. We are a mutual aid group consisting of all volunteers. We are not incorporated. In case you don't know, a Free Store is not exactly a store but shelves placed in front of a building where the community can come and leave something or take what they need.
We have a question regarding the liability of the engineer who is designing the shelves for the Free Store - and also the liability of the members of the Free Store. The shelves will have a type of overarching roof, which will be placed high enough out of reach. And, yet, in the event that somehow it is taken down, or structurally weakened later causes harm to someone, as a mutual aid effort– is there a case for liability on our part? Any lawyers out there who can advise? Thank you.

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I don't think this is the right forum for getting answers to your question - why don't you try attorneys who offer free legal advice? One I found on the internet is: https://www.justanswer.com/sip/online-law-advice?r=ppc|ga|27|Legal-Law-Search-BMM-Testing-New-Strategy|General-Legal-1|&JPKW=%2Bfree%20%2Blegal%20%2Badvice%20%2Bline&JPDC=S&JPST=&JPAD=626739019355&JPMT=b&JPNW=g&JPAF=txt&JPRC=1&JPCD=&JPOP=&cmpid=8505055328&agid=86138280203&fiid=&tgtid=kwd-318564805094&ntw=g&dvc=c&r=ppc|ga|27|Legal-Law-Search-BMM-Testing-New-Strategy|General-Legal-1|&JPKW=%2Bfree%20%2Blegal%20%2Badvice%20%2Bline&JPDC=S&JPST=&JPAD=626739019355&JPMT=b&JPNW=g&JPAF=txt&JPRC=1&JPCD=&JPOP=&cmpid=8505055328&agid=86138280203&fiid=&tgtid=kwd-318564805094&ntw=g&dvc=c&gad=1&gclid=Cj0KCQjw6KunBhDxARIsAKFUGs_CBaeHlt5kf-9K5MPrBcYIPjLCOQuxrqGPSf9NUVn6A7InD44PIOwaAnKkEALw_wcB

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super salary - Steph Aug 21, 2023

I live in a very small co-op, 11 units. Trying to figure out what the going salary for a super is. Most of the information I'm finding is for large co-ops where the super is in a more managerial role and is salaried starting at $40k. Maybe this was in the past but the impression I had was some small buildings would provide a free apartment/utilities, and pay a small monthly fee, and the super would have a day job, I don't know if that's legal.

Anyone know what the best practice is here?

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Why don’t you reach out to your co-op attorney or accountant? They would know what they’re seeing in other co-op’s and give suggestions on the size of your co-op.

Why can’t you do a part time super since it’s a small co-op? Do you really need a full time super?

Also what about benefits? I’m assuming you’d need to pay for that too or would it just be for a full time or part time depending on the hours. Would your co-op need to have a union super?

Larger co-ops will have a super full time, probably a union super, they might live in the building in a unit that is owned by the co-op, they pay for benefits, OT, maybe pension, also cell phone, utilities for the unit.

Maybe it doesn’t have to be a super but a porter.

I would speak to the co-op attorney…labor rules etc too.

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Non Union Contractors working in a Union Employeed Development - Gouverneur Gardens Aug 07, 2023

Can Non-Union Contractors work and occupy meal break rooms and shops used by tenure Union employees?

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Senior and veterans exemptions - Carola Aug 05, 2023

Hello,

What is the best way to credit those individuals for the senior and veterans tax exemptions. To my understanding they are different than the other abatements, because the state and city gives these individuals a tax relief. I have been told is incorrect to treat them like the other property abatements.

Thank you.

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I am a senior and a Veteran. I was told that if you did not get that abatement when you originally came in, you are not entitled. I have been here for (22) years. I was a veteran when I came in, but did not qualify as a senior until (8) years ago. Please let me know how I can get an abatement, or if I even qualify now. I read my Updates daily.

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Technically speaking, the senior and veteran exemptions are not property abatements, they are exemptions, and you are legally entitled to receive those monies.

Our Board would pay all abatements and exemptions over a 3 months period so as not to break the bank account.

If you are entitled to receive a senior exemption of $500 and a veterans exemption of $400, that’s $900. We would give you that money over a 3 month period by crediting your maintenance $300/ month for 3 consecutive months, thus reducing your maintenance $300/mo for these 3 months for a total of $900.

Sandra asked how to apply. I went online and found this:

Senior
https://www.tax.ny.gov/pit/property/exemption/seniorexempt.htm

Veterans
https://veterans.ny.gov/property-tax-exemptions-veterans

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Thank you Marty. Printed out the forms.

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That’s great news Sandra. I wish you the best of luck.

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