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Bright Power - Steve-Inwood Aug 07, 2014

Hi,

Has anyone heard of a company called Bright Power? One of our Board Members has been in contact with them regarding Solar Electric. They seem a little too eager (initially reminds me of a pre-crisis mortgage lender a little). Has anyone dealt with them before and if so, how were they?

Thanks,

Steve

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They had contacted our building last year. Everything sounded good - no cost installation and maintenance of panels, they would charge us a fixed flat rate guaranteed to be less or equal to Con Ed rates, and they would profit from excess power being sold back to Con Ed. After they did a site visit, we never heard back from them. Emails, phone calls, no response. No explanation.

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I remember seeing a year or two ago an interactive online map based on a survey done by a City department which showed how much sunlight every roof in NYC received and estimating how much electricity solar panels could generate. You might try to find it and use it as a starting point if you're considering installing solar panels.

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Windows in disrepair/ Replacement long overdue - MK Jul 30, 2014

I live in a small co-op (32 apartments) that recently refinanced taking an additional 400 thousand for the reserve fund. Prior to this we had 2 assessments that were made permanent and then had a 14% maintenance increase on top of that. Currently there are 6 or 7 apartments for sale, including mine, but no one is even looking. According to my real estate agent the first hurdle is getting someone into the neighbor hood which is shaky since it boarders on an extremely high crime neighborhood (2 blocks away). Then we have a high maintenance fee, limited parking (16 spots with a waiting list), and a flip tax (which used to be paid by seller but was recently change to buyer pays/six of one half dozen of another if you ask me). The previous MA was let go, but under his rein the building deteriorated and is in need of much repair. The building is old (approximately 80 years) and quite charming otherwise, large rooms and ½ of the apartments have working fireplaces.
One serious issue is that the windows are also 80 years old and most of the share holders would like to see them replaced. Also under the previous dysfunctional management shareholders were told that no money was available to replace windows. At this time they were advised that if they wanted new windows they could purchase them on their own. Since some of them chose to do this it is a source of contention among them that others will be getting new windows while they paid out of pocket. Also according to one board member the source that shareholders were told to use for the new windows basically ripped them off (she used the term “hoodwinked”). In this case I think all the windows should be replaced rather then financial compensation to those who purchased on their own, which is now being considered. At a recent shareholder meeting some of us pushed for new windows and told that it was under consideration, but that it was very expensive. Some of us were under the impression that new windows were going to be installed this summer. But in further discussion with a board member it may be more then 2 years before we get what we want (new windows). Instead they are considering new mailboxes, intercoms, and refurbishing the workout room which no one in the building uses, along with some other major but necessary repairs. In speaking with another shareholder she thought that getting a petition signed by shareholders may be the way to go. Does anyone know how this works, and if petitions are a viable way of having our voices heard and responded to?
Thanks for any and all advice.

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Does your building have annual meetings? Do you attend? Does the board distribute annual financial statements? Windows can be had for around $300 or so, but it depends on what quality you want, size, vinyl or wood may not be legal so you may need to go with aluminum. Any landmark designation issues? I don't know if your board would be swayed by a petition or not. The board is charged with operating the building and setting maintenance at an appropriate level to do that. Maintenance is often set low by the developer to encourage sales, then it has to rise to cover expenses, or else you have assessments or tap reserve funds to pay operating costs. Without knowing the overall building condition, budget, reserves, and other issues, it's hard to say that the windows are the top priority, although it sounds like it would be a popular project.

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Our building is considering new windows, as they are in disrepair. Leakage testing during the LL11 work found that the faulty windows are causing water penetration into the walls. But it is obviously an expensive project. The lease clearly indicates that shareholders are not responsible for such repairs. Your coop should evaluate this consequence of having old windows.

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Damaged AC's During LL11 Work - H. Jul 15, 2014

Our co-op distributed notices warning residents that air conditioners could be damaged if they are turned on when LL11 facade work is in progress outside the windows, even though the contractor places filters over the AC.
Could the co-op be responsible for AC repair costs?

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Can I ask the verbiage in the memo and also how they were distributed (under door, via e-mail, etc.)?

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Under the door and posted in the elevator:

"...When the contractors are working outside your windows, ...filters will be applied to the air conditioning units to trap the dust that escapes into the atmosphere. We recommend that A/C units be turned off during the day times when the contractors are working outside your windows, but if necessary MAY be turned on after the installation of filters by the contractor. Please note that they will not operate optimally with the filter in place, will draw more current & may even burn out the motor due to the restricted inflow of air..."

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Having managed 12 Local Law 11 Projects I can tell you this:

"Stuff Happens"

Provided there is no threat of liquidated damages on the table, or some other circumstance, the contractor always pays for small things like a new a/c unit, or a new tree, or pressure washing of the sidewalk, whatever the case may be. As you know, an involved Building Manager comes into play by helping select the right contractor, keeping the impacted tenant(s) happy with a free a/c unit, the contractor happy by keeping these issues to a minimum and most importantly, the board happy.
-Gregg

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Access to Building Employee Records - H. Jul 06, 2014

Our coop maintains building employee personnel folders that includes any counseling or disciplinary memos.
- Can individual Board members request access to these records?
- Are they part of the business records that any shareholder can review?

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I think that there a few different ways to look at this issue. The first would be for any non-personal information. I would lump disciplinary actions and warning letters, etc. in this category. The Board is effectively the employer of any building staff and a good amount of the time, they are the ones that have initiated the policy for writing employees up if they are not performing their jobs properly. I would think that the Board would have access to any and all job related or performance related memos, warnings, write-ups, etc.

If you have a written request from the Shareholders to view the documents, I'm not a labor attorney (or an attorney at all) but I would think that you should consult with the Coop's attorney to see what their recommendation would be. If there is personal information in those documents, you may be best served to redact any of that information and allow the Shareholders to review them in the Management office as they would any other corporate document. Again, consult your attorney to ensure that this is correct and that you must supply.

Once you get into any material that is personal in nature and extends beyond the borders of the employees specific job function (maybe there are personal details in their reports that are not in the best interests of sharing) I believe that those details should be redacted for all Shareholders, if reviewing.

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Building Management for 12 unit condo - JAbbott Jun 29, 2014

We've been a self managing condo for the last 2 years
mainly rental units owned by absentee (oversees) landlords but 4 owner occupied units

looking for recommendations for a management company with experience in dealing with a small building such as ours that could provide basic management services economically

Thanks in advance

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I'm a frequent contributor the the forum and own a local Management company, Excel Bradshaw (www.ebmg.com) if you would like to reach out. mblevine@ebmg.com or 212-502-7048 x.201.

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I would recommend Premiere Properties. They are a small firm, extremely responsive and on top of things.

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I would recommend Matthew Adam Properties, Inc., 212-699-8900 Ira M. Meister.

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I would recommend Andrews Organization,212 529-5688. Ask to speak with Divya Rashad.

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Call Taube Management and ask for Joseph Taube (212)288-0757

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I would recommend Premiere Properties. They are a small firm, extremely responsive and on top of things.

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YOU can add ALLAREA MANAGEMENT to that list.

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Currently on top of the worst managing agents on the list is Rachlin Management

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Call Taube Management and ask for Joseph Taube.

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One star only because I can't give zero. Totally ineffectual, sponsor controlled company that will lie, cheat and steal from owners to satisfy the whims of their sponsor masters. The staff will hide bills, provide erroneous data, and pretend all is fine until they hit you with an assessment. I can't understand why the Attorney General or other government regulatory group hasn't barred them from real estate.

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One star only because I can't give zero. Totally ineffectual, sponsor controlled company that will lie, cheat and steal from owners to satisfy the whims of their sponsor masters. The staff will hide bills, provide erroneous data, and pretend all is fine until they hit you with an assessment. I can't understand why the Attorney General or other government regulatory group hasn't barred them from real estate.

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I would recommend Century Management. They've revamped their entire style of business in the past two years and have been getting good reviews on Yelp since that. They have small buildings in their portfolio as well.

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Are they in queens

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Adding name to Stock Cert after marriage - Sue Jun 28, 2014

Small co-op formed in the 1980's by residents in the building which ran the board until late 2000's. Mostly, they "ran" and controlled everyone new to building. The commercial space which was sublet by a second Corp. (run and owned by original coop members) income went directly to them and they paid the coop very low "rent" . It's only been the last 5 years that a new board was voted in and the PL , Houserules and protocols were put in place.

The board is now asked by one of the original founders (who had been Board President for 24 years - doing very little to upgrade building and mostly was self serving) to "waive" the process for adding his new wife to the stock cert. His wife has also been a resident since 1980's. His position is that he and his wife have been residents of the building for over 20 years and shouldn't have to follow protocols for "new" people coming into the building. There is also fees involved which go to the managing agent (not the building) for processing fees.

The process, btw, is similar to refinancing requirements etc. Credit and lein checks, recent tax reports, etc.

Any thoughts on this? We waive it once then it must be waived for all.

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Hi there. I don't think you need to worry not doing a background check on a current resident in this very specific situation will set a precedent against doing due diligence towards new members who have no prior relationship to the building. If this woman has been living in your building for twenty years there's no need to make her undergo a credit check, tax reports, etc. unless your goal is to make the useless former president jump through hoops, which you, as the new board, are entitled to do if you see fit and that's within the rules.

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Sue:
Like you, we too believe making an exception in this case could create a precedent for other long-time residents to seek shareholder or co-shareholder status. But we also agree with Minneapolis that a long-term resident shouldn't encounter the same level of scrutiny as would a new applicant.
For this reason we typically suggest co-ops have or adopt a provision that provides an expedited, simplified and reduced fee process for a long-time resident who requests to be added to an existing share, as in the cited case. The process we recommended usually includes a review of the resident's occupancy experience within the cooperative, among other things.
However, an exception should not be a "seat-of-the-pants" event. It should be codified (with a set of standards to be met) as a written addition to the co-op paperwork -- subject to attorney review -- then voted upon favorably by shareholders to better ensure a majority agreement with the change and to help safeguard against forgetfulness or preferential treatment playing a role when the exception is implemented.
The exception should be structured so that it does not become a new member application loophole.

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Adding a second party to the stock certificate should be akin to approving a buyer. In the event the original party should pass away, can the second party maintain the maintenance payments? I can't think of any of the units we sold with 2 names on the share certificate where the sale would have occurred without the combined wages. Would you allow a couple to add their 18 year old? Parents move out, and leave the teen behind, legally entitled to live there.... As a minimum, assets and liabilities, life insurance and employment, credit history should be examined.

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conversion plan in 1985 was fraud - coopapartm Tumbler Jun 23, 2014

i have been in this coop pre conversion. two of the original owner apartments have not been occupied by their owners since 1985, the conversion.
there are non unsold share apartments that ave been rented for over twenty years.
everything is a fraud , conflict of interest . sponsor hand picked board .
complain and retaliation is taking out against you. including using coop records for this action, only me getting the financials 1 day after the annual meeting.
The building is has more renters than owners now, They let people buy owner occupied apartment and let them treat them like unsold shares/rent them out. 1985 conversion and they let a non bonded board member buy a unsold share apartment. grifter family on board didn't pay sublet fees for over 20 years, they had their family members live in the apartment for 5 years before renting it, therefore it is not unsold shares.
Now they tell me that the board will not recognize any committee i form.
The board really thinks they are beholden to the managing company, but since the managing company put them in there , they are serving the managing company first.
brace on , cant type well

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Window replacements and reserve funds - Annoyed Jun 14, 2014

Homeowners during a recent meeting have asked why the board has not created a large enough reserve fund to pay for the now estimated $15m window replacement . In our annual audited financial statement there is always a paragraph that says " the board has elected not to estimate the costs of repairs and replacements". Do most condo do this?

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I guess you would need some of the popular accounting firms (cpa's) that do coop and condo audits to review the financials that they prepare and count up their annual reports to find out. Maybe that's a question for the Cooperator to ask when they mail out next year's COOP Expo invites.
At this time, the estimation is not required by any laws. It is also not free. The board would need to hire an engineering firm to examine all the properties from roof to basement, curb to curb and estimate what repairs are needed short term and estimate the useful life of major items, such as boilers and other HVAC equipment, plumbing, electrical, roof, retaining walls, etc. and project the replacement and repair costs down the road. You would need to do this probably every 5 years or so, to keep up with completed projects, aging and deterioration.
A reserve fund is your money, in excess of the current operating expenses. Few people want to contribute extra for the rainy day. It's one thing to have to pay via assessment for window replacement that would benefit you short term, it's another to sock the money away for that new boiler needed in 15 years, probably after you've moved out.

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What happens when the developer and property manager fail to maintain proper records and disclose monthly reports to the homeownerrs? Hiding accounting and auditing information is a violation of constiutional rights. There appears to be a need for an ombudsman saparate from the AG's office that maintains the offering agreements as the REAL PROPERTY LAWS in New York do not currently operate to protect the homeowner.
Hense when 5 leaks appear in the same spot because a doorman , handiman or unlicensed plumber fix's a leak painting over it what happens is MOLD!

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What happens when the board and developer fail to hire a proper engineer and hide a video that was done internally to assess buildingwide deficiencies totally over 7 million dollars? Hiding material information from homeowners and others is illigal and should be stopped. A borad and president have a fiduciary responsability to act in "GOOD FAITH" and report the necessary information to its homeowners. In this case witholding matierial infrormation about toxic MOLD is also dangerous and acts a pusblic nuisance to its owners, tenants and any other buildings the develper owns and operates.

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Chetrit Sold $1.6M Condo Full of Mold and Mice, Resident Claimshttp://www.dnainfo.com/new-york/20140324/midtown/chetrit-sold-17m-condo-full-of-mold-mice-resident-claims-lawsuit
""They defrauded me," Schottenstein, who has the autoimmune disease lupus and cannot enter the apartment without wearing a surgical mask, told DNAinfo New York. "This was supposed to be all new plumbing, new electrics, new mechanics. And that was not the case."

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Real Estate Mogul Chetrit Takes Heat from Quinn & Tenants Over Hotel Violations
http://jewishvoiceny.com/index.php?option=com_content&view=article&id=3696:real-estate-mogul-chetrit-takes-heat-from-quinn-a-tenants-over-hotel-violations&catid=116:real-estate&Itemid=299=


A.G. Schneiderman Files $1.3 Million Lawsuit Against Real Estate Developer For Selling Defective Condos
"“Purchasers have a right to full and accurate information about what they are purchasing, and should be able to rely on the representations contained in an offering plan when making a significant investment. We are seeking restitution for the purchasers who were ripped off, in addition to strong penalties for the developer who defrauded them.”

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Why hasn't the AG office removed the OFFERING AGREEMENT that is in fraud, failure to place new pipes, plumging, mechanics in one of their buildings? Clearly this is a black and white issue why isn't there action here?

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Management screwup - amtakac Jun 10, 2014

We live in a condo, where one of the board members stole the reserve funds.Now they need repairs around the buildings(40 units),roofs, siding.
No improvements has been made since 2008.Now they want to raise the
maintanance fee to cover the expenses ($125.00-150.00)monthly .
My husband is retired, I;m on dissability due to a major surgery, we cannot afford it.What can we do?

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The board should have insurance against theft - check with insurance company - also did you report theft to police?

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Inasmuch as theft is a serious matter, are you sure the money was stolen or, as your message title suggests, is it some sort of unintentional "screw-up"? Instead of theft, could it be the result of underestimating future repair needs during the budgetary process?
If you believe it was stolen or otherwise illegally used, discussions with the police and NYS Attorney General would appear to be indicated.
Do you know when the money was first thought to be missing? Your message implies it occurred around 2008. If so, over the last six years the depleted reserve account would be expected to be noted in bank statements, treasurer reports and/or annual budgets. If you haven't done so already you may want to request the opportunity to review such documentation.
Also, when we establish organizations similar to yours we put accounting techniques into place that help guard against one person having full access to funds. You may want to inquire as to the techniques your condo employs.
Hopefully the situation you face can be resolved without a significant maintenance charge increase.

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Renting - MK Jun 04, 2014

I live in a co-op that I detest and have it on the market but it looks like it may be quite a long time before I am able to unload. I have taken in a roommate because I feel unsafe here and he has been with me for a year now. My co-op has a no rental policy. I am wondering if I can just leave him here since he has already been a tenant for a year. Should I have him write a checks to cover the maintenance so that his residency is more established. Should I present him as my significant other? The board is hostile and irresponsible and I don't trust them. They have different rules for board members and I want out desperately. I would like to leave my friend here since the location works for him. Meanwhile I would like to move on to greener pastures,

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Usually the Proprietary Lease states that an unrelated party can stay in the unit but that is primarily when the Shareholder is in the unit as well. Most Prop Leases also call for an immediate family member to be able to occupy the apartment without the Shareholder there and this will not be considered a sublet.

What you are proposing to do is not within the reasonable language of these clauses and is more along the lines of subletting. If you do leave the apartment and this is not an immediate family member you are no longer taking advantage of the roommate law, but are creating an illegal sublet situation. Although there is no formal sublet policy in place right now, your Prop Lease is probably worded that all sublets must be approved, in writing, by the Board (Lessor), so if you do go through with this, they can probably still take issue with it and bring legal action for the illegal sublet.

Sorry to be the wet blanket.

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par 14 prop lease "and" clause= shareholder and family member, not "or" family member

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