I guess you would have to contact the State Attorney Generals office with that question. I would like to think that the shareholders would not vote for the person if they are aware that there are term limits and this person should not be running. On the other hand, having someone with experience on the board is an asset, unless that person is self-serving, showing favoritism to specific owners or residents, etc. I've only seen maybe a half dozen prospectuses and didn't see term limits in any of them, but that doesn't mean some plans exist that do have limits.

I agree with JG about contacting the AG's office and term limits in general. Contacting the AG, while a no-cost option, could take months to get any results. A better option (but one with a cost) would be to consult with an attorney who specializes in Co-op and Condo law. Do not ask the board's attorney because they work for the board and not for you so their response can be biased in favor of the board.

Which document specifies the term limits? Proprietary Lease, Bylaws, House Rules, other? Do you know if they were they in the original document or added as an amendment? I'm asking because I also find having term limits to be a non-standard condition. It's often difficult enough to get shareholders to serve on the board, let alone limit how long they can serve for.

Term limits were established several years ago with an amendment to the by-laws. Last year a mailing by a slate solicited proxies. One csndidate was ineligible and he ultimately withdrew, but no notification was given to shareholders until it became obvious at the Annual Meeting. Thus, proxies were solicited under false pretenses.

So, the situation came up last year and the candidate withdrew. I doubt that the AG or anyone would take any action at this time. It would be a different story if the person was elected and is serving a term now.
What would happen if there were 5 positions on the board and only 4 candidates (excluding the ineligible candidate)? Would the board function with only 4 members until the next election?

The By Laws permit a minimum of three Directors. My post is in anticipation of the next Annual Meeting in March.

Do you know others in the building that share your concerns and are like minded? (2 others as you mention that you need 3 Directors). If you do, solicit their help and simply do a petition. You need to canvass the building and explain to people why you are petitioning for a new board to be put in place; no financials, elderly board members who don't understand what is going on, concern for all of your investments etc. You may be surprised at how many signatures you will obtain. Then simply present it, via a letter to the board a couple of days before the meeting or even at the meeting. If you get the majority signing; their out, you and your team is in. It takes work and effort, but it can be done.

I don't think that petitions supersede shareholder share votes. Wouldn't obtaining proxies be the legal way to go?

If a group of shareholders want to re-elect someone who term has ended and the majority of them vote for this person, then I'm certain the person would get in regardless of the house rule or by-laws. On the other hand if you can get support of shareholders for a new board by canvassing, at the same time you canvass, ask for their proxy. I do not believe that there is a law against petitions. You may want to follow some of the guidelines here http://www.dos.ny.gov/lg/publications/CitizenGuidetoPetitions.pdf

You can self manage as long as the group of individuals have the right skills to self manage. You need a finance person (for the books and everything associated with financials; invoices, insurance, claims, budgets, collections, payments). Having a person with a mechanical/technical background would be ideal and someone who has the skills to source and meet with vendors. An administrative person for all admin associated work (filing, preparing notices or letters to owners and this person could be the prime for owner complaints). Lastly, you need someone to "lead" this team, provide direction and support in any of the areas. You are small; you can self manage if you know the tasks and have the right team to assume them and those people have the time.

Hi,

You also need people who have the time and dedication to do the work. With only 10-15 units, you may not have the numbers necessary to generate that population. I am a volunteer president myself in an 111 unit complex (co-op) with a great management company and I still find it had to find the time along with working a career. You could probably pull it off until something needs to be fixed or replaced and then you might be faced with the choice to a) go into work that day; or b) have a meeting with the contractor, inspector or engineer.

I say all of this to persuade you to find a more responsive management company.

Good luck!

I can run the books and pay bills but, as you mentioned in your post, if something happens on the premises that would require me to be present, I would not be available.

Would you recommend a good and not so expensive management company for the size of our building?

Thank you again.

Mark,

Lack of responsiveness is not a reason to dismiss 3rd party management.

Mark,

To further my comment, you need the right mgmt, whether it's self-management or 3rd party. Self-mgmt. is doable, but comes w/ many other pitfalls.

Or hire a contracted Property Manager individual versus a company. I don't know if you have Indeed on-line recruitment in the US. We used them as they were very reasonable (pay by number of time your posting is viewed). We received over 50 applicants, short-listed to15, interviewed 11 and hired on of those 11.

We are a small (11 unit) NYC coop and use a management company, (Argo Real Estate) which I highly recommend. Just the employment administration (payroll, taxes, insurance, supervision) of staff, part-time Superintendent, janitorial, contractors, makes this a "no brainier". Then add the bookkeeping, audit preparation, insurance coverage; it is worth the money.

Firstly, self management is not all that bad or undesirable but it's important not to underestimate the amount of work involved, and the seriousness of work involved however it would be always proactive to look in to the underlying mortgage documents to verify any condition exists by the bank, coop/condo must be managed by a management company before the big step is taken.

Mark,
Ned is correct, so is Wayne albeit with further clarity. Firstly your insurance policy's should provide for environmental risks. So... if you self-manage, whomever is assigned must know about insurance as well. Of course you will hire an Ins. Agent who will/should discuss all of the potential pit falls, with clarity, to the Board.
You may want to consider outsourcing the accounting function to an independent third party.....
You may want to consider hiring an individual who has a number of years of property/facilities management experience.
If you choose, I am available to discuss.
Best wishes,
Joe

All your trusted consultants should work together, share information, but allowed to provide their unique expertise. I represent HUB International, the 9th largest insurance brokerage globally. Different from an agent, where they only sell their own companies products and services, a broker, and one specifically the size of HUB, is not constrained by any one companies products, and fully utilize our resources to provide the best match of company and need. The stand alone environmental coverage, while most important, is only one component of properly protecting our clients, all depending on their unique risks.

Unfortunately for you, you are in a Condominium so the warranty of habitability does not apply to your building since the owners are not in a landlord / tenant relationship such as a coop or a rental building.

I'm interested to know if the resident above you is the condo owner or if they are a rental tenant, in which case the warranty of habitability will kick-in.

Separate from that and assuming that you're both Unit Owners in the Condo and not held to any landlord / tenant relationship, I'd imagine that there is a provision in the House Rules to note that excessive noise is not permitted during allotted hours and that each resident is entitled to quiet enjoyment. If they are in breach of the House Rules, the condo can start to fine them according to the fine schedule that is stated.

You could do your own noise investigative work to show the decibel levels in the unit that you experience when the music is at full-blast. This will help the Board to establish a track record of the offending levels. Also, keep a detailed log of dates and times that the noise is evident and obviously, keep all texts, e-mails, etc. from upstairs, as I'm sure that you're doing.

You said you are in New York: This is from their website:

"You can make a complaint about noise from your neighbor including loud music or television, talking, and moving or dragging of furniture. Officers from your local police precinct will respond when they are not handling emergencies.

You can also contact your tenant association, building owner, or super for help if a neighbor in your building is often noisy."

You can register a complaint on line:
https://www1.nyc.gov/apps/311universalintake/form.htm

I suggest before you do this you compile over a 2 week period the days/time of day that the music was loud. You have to establish that it is continual and not a one-time occurrence.

All good advice. The condo board indeed has warned him that loud music preventing others' quiet enjoyment of their apartment is contrary to house rules and that he could be fined. And I've been keeping a log for about two years, with figures from a decibel-reading app.

He's told me -- written in a text, in fact -- that he considers turning the volume down to be "retreating." And he really seems to believe that he "could ... ruin your day with music and it would be well within my legal rights and Nyc law for noise generation." That's absurd, of course, but he really seems to believe it.

The board has suggested mediation, which I've suggested to this guy and he's agreed. But mediation is expensive. I wonder if I should just go back to the board and management and say, "You've warned him about loud music, and now he's back doing it and saying this-and-this."

What do you think? Give the board/management a chance to warn him again, or go to expensive mediation first? I'm sure the mediator will advocate a compromise -- play your music, just turn the volume down -- which is what the board has already told the guy, and which is all I've ever asked. Should I bother with the expense of mediation?

I would first exercise my rights as a citizen of New York in a city that has an avenue for you to complain, and complain. Maybe if he gets a visit from a City inspector and understands that there is a $175.00 fine associated with a first offense, we will re-consider. And if he is as cocky with them as he is with you, he might be slapped with the fine. When there are free resources available to you, why would you pay for the cost of mediation?

More good advice. I will look into this. Thank you, my neighbor to the North!

Hello, I am in Canada; may be different up here. The big banks (TD, Bank of Montreal, CIBC) will not extend financing here to co-ownerships so similar boat. When we recently had a purchase and the buyer, distraught that a bank would not finance them, I recommended they go to a credit union (which you also have in the states) and the sale went through with no issue.Credit union banking institutions are experienced at dealing with co-ownerships and finance them. I myself used a credit union, which I was not familiar with before I bought my unit.
The alternative is that you re-finance the unit yourself with a credit union to get some cash out of it and then lease the unit.
Don't let your unit go into a legal proceeding; you have been their 30 years and you have made some money - don't lose it.

There are lots of other banks, but I don't have any personal knowledge of their financing of coop mortgages. Valley National, Sandander, Capital One, QuickenLoans,many more local banks. Also private mortgage brokers. I guess you're not in a position to provide the mortgage yourself. Have there been any sales at all in the last few years? If so, see if you can identify the mortgage holder. Is your mortgage paid off? If not, will your bank allow assignment of the mortgage to the buyer and offer additional $$? Has the buyer spoken to a mortgage broker? I hope one of these ideas will pan out for you.

What is the City and State?

My building has same issue, last four sales have been cash to avoid these types of issues. The Credit Union is a good idea.

But first I want to know did you approach Sponsor who owns 51% maybe he would be interested in buying.

Second. My building allows subletting and renters. AKA investors. Investors unlike primary home owners often buy cash. Higher rates for investors and lots of headaches. Does you building allow subletting? Are there restriction? Given we sell units that way in my building if the unit is in a decent location and maint not to high I could pass the info on to the investors.In fact one guy is looking for a coop with liberal renting rules which is hard to find.

Also did you post an ad in buildings laundry room or something. Sometimes folks in building are more likely to buy. Lets say Mom is getting old and kids live in building already. Folks trading down often have cash. Many years ago when I lived in a coop when mortgage were hard to get in 1992 folks in neighborhood trading down from a house to a coop often bought cash.

Hi
I own in a co op that has similar issue. I have been working on this issue and am knowledgeable about the options.

Do your fellow shareholders speak up at annuals? Have you asked the sponsor to sell?

How many board members are there? How many sponsors sit on the board?

Rhona

Hi
I own in a co op that has similar issue. I have been working on this issue and am knowledgeable about the options.

Do your fellow shareholders speak up at annuals? Have you asked the sponsor to sell?

How many board members are there? How many sponsors sit on the board?

Rhona

the treasurer on our board reviews all that the managing agent does. checks the invoices, makes sure numbers look right, checks arrears, monitors account levels. our agent does what yours does. not sure what your question is - are you asking if there's a conflict if the agent is also the sponsor?

I am the Treasurer of our building. I review the report and I look at the invoices being paid and ensure that there is a work order associated with them. If I find a charge that seems unreasonable, I question it.
I review the finances and compare our projected budget to actuals. I look for areas where we are over spending and to identify a potential problem area. Just because you have an "agent" payin' the bills does not mean that you sit back and don't do anything. It's your building and your money; not the agents.

We authorize the mgmt. co to pay recurring bills - utilities, union, mortgage, payroll. Everything else needs approval by board treasurer or president. In reviewing bills, some may need to be charged back to shareholders or the sponsor for repairs made that were not coop responsibility. I check for that, and also arrears on bills. Our mgmt. co. had failed to pay or correct numerous bills from supers union, they blamed it on staffing changes. If you're really diligent, make a spreadsheet of expected/recurring bills, and see that they are paid when due, and in a $ range similar to previous bills. Check for bills paid that were not yours, but another building. Some bills, (water/sewer, prop. taxes) incur penalties when paid late. This spreadsheet would also help in preparing budgets each year. I also watch for the scheduling and payments of permits, inspections, city/state record filings, etc.
Annual and 5 year elevator inspections, sprinkler and standpipe, oil tank and boiler inspections, local law work - parapet, energy usage (buildings over 50,000 sq feet), corporate registration with NY Dept of State, NYC HPD are some of them. City likes to fine you for missing/late filings/inspections.
What kind of reserve fund do you have? You can direct excess funds in operating account to go to the reserve fund. Reserve fund access should be limited to at least 2 signatures of board members, mgmt. should not have withdrawal access.
The annual budget is an important responsibility, mgmt should present a draft and board reviews and adjusts. This helps the board decide whether to do a maintenance increase to cover expenses. Also, you help determine how to handle the coop abatements and other tax credits and necessary assessments.
You have options as to whom prepares your 1098 forms each year, the accountant or the management co. can both do it. Annual fire safety and window guard notices can be done in house, by mgmt, or by third parties. Do you mail info regularly to owners/residents or slip them under doors, saving postage? If you have any mechanical type of knowledge, meet with contractors yourself to obtain estimates for projects. Get at least two estimates for anything not urgent.
How deeply you want to get involved and how much time you have, there's lots you can do.

How does one get all the pertinent info when I am only supplied with a monthly report...once the invoices have been paid,,etc.. Also, is the a conflict if the Agent is the Sponsor?

In addition to the monthly management report prepared by the MA you should also receive photocopies of *all* invoices, *all* bank statements, and *all* check vouchers. That's the only way you can independently verify what's in the report. The report is just a summary of your monthly financial activity and not an audit or verification of it. If you don't receive copies of your invoices, check vouchers, and bank statements, ask for them, and then demand them if they are not forthcoming. Remember that this documentation all belong to you and not to the MA. Failure to provide you with this information could be an indication that something is not right.

I assume you have an independent accounting firm auditing your building. Talk to the accountant who is assigned to your building and ask her/his advice. The accountant for my building was extraordinarily helpful when I first became treasurer. If you don't have an independent auditor you could be in for problems later on.

As a last resort, talk to your co-op's attorney. Ask her/him if having the sponsor be the MA is a conflict. I think there are too many factors in something like this which prevent with a simple yes or no answer.

Have the board president contact the Co-op attorney pronto. That removes you from the equation and the board's attorney will know better than any non-attorney how to handle this. Especially if the potential opposing party is also an attorney.

I agree with Steven that you need to remove yourself from the equation. The board should send him a friendly "reminder notice" that guests of his unit need to be registered for safety and security reasons and to reinforce the Rules around Airbb.

If it continues, that is when I seek legal to send a letter.

thank you. after several lawsuits and an overall "objectionable behavior" from the guy I have learned to keep my distance. one must always be very cautious when expressing concerns about the guy's behavior and seeing that he follows the same rule as everyone else. the biggest problem is the guy demands to know who is complaining! at first the board was speaking to him but some members broke the confidence and gave him names or in the bare minimum told him who "wasn't" complaining. this time i went to management. definitely the better way.

i guess I'm also asking how does a small building deal with such a guy. what he does is he personally goes after those questioning his behavior or actions in the building. he'll do this by making complaints about them, causing board and management to go after them. vicious cycle. i don't even engage with the guy at this point...mostly in fear. i feel i shouldn't have to live in fear!

In my building the super is hired for the express purpose of harassing whistle blower owners to leave.

Fire the board that hired the Super

Steven424, your advice sounds good but unfortunately you cannot "fire the board". In a co op you have to take legal action called a shareholders derivative action which if i remember correctly, takes a one third vote of shareholders and then go to court. This is a lengthy and costly procedure. It might be a good idea to form a shareholder association and have them come together as a formal group and approach the board with their concerns. You need a few activist residents to start and head this, but it is relatively easy and costs nothing except perhaps printing or mailing costs.

Elisa - To me the biggest negative would be to the shareholder who is injured or killed because she/he could not exit the basement in the event of a fire or other disaster, because the stairs or other common areas were obstructed.

In my opinion the board should authorize a fine for each occurrence of an obstruction, and a letter should be sent to all shareholders letting them know about the new regulation. The board can probably enact the fine in the House Rules. All common areas of a building must be kept clear of obstructions, and violations present a danger to all residents.

You say she "apparently" got permission from the board. I would write the board a letter to confirm whether or not they gave permission to the resident to leave the carriage at the foot of the stairs, around the corner, pointing out safety considerations, such as fire. Providing that it is in fact a safety hazard.
You say is that it is around the corner from the foot of the stairs. If it is around the corner, not blocking the stairs and not blocking a pathway to the exit or stairs, what's the problem?
If the carriage is not blocking anything such as an exit and as you indicate "around the corner" and you just don't like it, that's another matter. So in assessing it; is it really a safety hazard or not? or is it that you just don't like the fact that a baby carriage is there.

It sounds like the carriage is blocking access to the basement door, but not blocking access to the stairs to the apartments or in the middle of the hallway. Generally, access doors should not be blocked. Yes, there are records of building violations, directly from the Dept of Buildings website as well as lists from third parties. It's easier to got problems onto these lists than it is to get them off.

Firstly I agree with the first two comments. However,the condo association should have rules and regulations regarding use of the common areas. The fact that the Bd. Pres. gave permission with board approval? The President's approval should have been in writing. In the event the Fire Dept. issues a violation for the baby carriage, the choice as to who pays it is up to the board. In my opinion the President should be responsible. I assume the management co. is aware of the concern? If not they should be consulted and yes it is appropriate to send a warning notice,(not a note), CRRR.

I personally don't think this should be overlooked until the NYFD issues a violation. It is a clear and present safety hazard that needs to be dealt with. Besides all of the dangers involved with a common area obstructions, a precedent is being set that it is permissible for personal items to be stored in common areas. Like cockroaches, precedents are impossible to get rid of once they become entrenched.

Thanks for all your comments. Apparently the managing agent said that it is not a fire code violation for the carriage to be near the basement door. The argument is that the basement door is not an egress (does not directly lead outside), and that people in a fire could still get out the front door of the building. There is also an exit in the basement itself, leading directly outside. I have not heard this type of argument before, and assumed the 'no personal items in the hallway' part of the fire code (which explicitly mentions baby carriages) would have applied here. I did send that part of the fire code to the managing agent and am awaiting a response.

Does the building also have fire escapes, or an exit other than through the lobby? Generally, you need two exits, in case one is blocked. If no one is living in the basement, and there is a second egress, my opinion is that blocking the basement door is not a fire hazard.

To JG's comment, there are fire escapes and one exit from the 1st floor through the building's entryway. The Fire Code explicitly states that there shall be no bikes, baby carriages or other personal items in hallways. From my reading of this section of the Code the carriage is still a violation.

The hallways are narrow and the carriage is partially blocking the path to/from the basement door. According to the NYC Fire Code: "Personal property (such as bicycles, baby carriages and clothing) may not be stored in apartment building hallways. All such items must be stored in lawful closets or other storage areas, or in dwelling units."

Then that being the case, it has to be removed. I would simply write the board bringing to their attention that it is partially blocking the path to/from the basement door and is in violation of NYC Fire Code and indicate "I trust that you will deal with this immediately". And with an ultimatum. "If the carriage is not removed within 1 week, you will notify the Fire Department". That should do it.

Several points here.

(1) If the baby carriage is indeed obstructing the hallway and violating the fire code, then neither the board president nor anyone else can give permission for it to be there. It's not within the scope of the board's authority to authorize someone to break the law.

(2) If use of some out-of-the-way common area has been granted to a unit owner to store a baby carriage, then *any* unit owner should have the same right to use this space. The alternative would be to rent or sell the exclusive use of that common area to one person, much like a storage locker.

(3) It's not clear that your condo board has the authority to impose a fine for leaving a baby carriage in a common area, fire hazard or not. In a co-op, the authority for fines must come from the proprietary lease, and very few of the common 1980s leases provide for such fines. Check with your attorney before attempting to impose a possibly unenforceable fine.

(4) What the board *can* do is pass a house rule prohibiting storage of personal items in common areas - in fact, such a rule is probably in place already. Then the board should send out a letter reminding residents of this rule, and stating that personal items left in common areas are subject to removal and disposal by the board. To be legally safe - as well as neighborly - an additional notice should go directly to perpetual scofflaws before discarding their items. Again, check with your attorney for details on preparation and delivery of these notices.

To start each condo has an offering plan that outlines rules for the condo and also addresses common areas and hallways etc. a copy of this along with the building rules and regulations should be distributed by management after they have been reviewed by the board and addressed and or updated to reflect today's issues.
Second a warning letter type system can be started and a first warning can be given to this resident, and followed by a second notice and if a third is given, then a fine is handed down . FDNY is very strict about items in halls because it also jeopardizes their lives during a fire event . Document the issues and the violators of these rules by taking photos of the violation so you have back up and documentation of the violation. Then the management should issue the violation on behalf of the board of directors.
Very simply; Safety has to be paramount or everyone can suffer loses they will not come back from!
Live Safe! Protect your life!

I think this one is very simple. You need to make sure the lives of the building are protected if in an emergency. Have them move the carriage or have the super remove it. Period no questions asked. The hallway is not an extension of their apartment. Fines can be paid,lives cannot be brought back. Donna Ross