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Board Meetings - Corporate Secretary - Chris Jan 26, 2013

I'm new to the Board; during my first meeting, I noticed that the property manager is the corporate secretary for the monthly board meetings. Should the secretary be a director of the Board and not a third-party member?

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On our board, the corporate secretary is a board member, elected to the position by the rest of the board, and our managing agent is assistant secretary. The managing agent drafts the minutes for approval/revision at the following meeting. To my knowledge, this practice is customary. I hope this helps.

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Shareholder Lists - Gerry Jan 25, 2013

Are shareholders entitled to receive a list of all other shareholders?

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Yes, you are legally entitled to a list of shareholders. See this article:
http://cooperator.com/articles/1780/1/QampA-Disclosing-Shareholder-Information/Page1.html

See the caveat at the end of the article: you may be required to submit an affidavit promising you will not use the list for "improper purposes" (e.g., selling it to outsiders).

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PETS - CYNDI HEID Jan 23, 2013

Live in a condo and we have a no renters may have pets policy you have to own your unit to have pet. Management says they cant enforce this, we have fire alarm inspection 3x per year maint can make a note of address that have pets and office can look up address and see if owner occupied or rental unit, not so hard to keep track of. I am tired of dogwalk areas being filthy and i am no longer picking up any poop other then from my own pet. Rental units even advertising that pets are ok

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we are a no pet building that includes sublets
nyc has a pet law once a dog has been in the building openly for three months there is nothing thst can be done your staff has to be aware and notify management immediately if they see a dog

hope this will help you

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not in nyc on long island no such law exists here

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Management Fee NYC - Board Member Jan 17, 2013

I know that management fees vary with services etc but our small Condo (18 units) is doing some work to rectify construction defects. Under our current management agreement if the management company project manage they are entitled to charge additional fees. We were attempting to find out if the hourly rate for our manager is competitive but I couldn't find a range of values anywhere and we don't have much exposure to the industry to know. Can anyone give us an idea of the hourly rate that managers of my type of building may charge...?

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Hi,

I am a co-op President in upper Manhattan. Our Management company, Blue Woods, charges us a flat fee every month which includes managment of capital projects.

Good luck with your search!

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Because you have an hourly management fee there is little to do about it until your contract expires. At that point DO NOT sign another hourly agreement. Agree to a monthly fee and stick to it. If you can get capital improvements included that's great, if not negotiate some kind of flat fee. By paying hourly you are encouring the manager to act at a snails pace instead of a Belmont winning horse. A flat fee encourages more rapid completion of a propject. Good luck

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> Join the conversation Comments (1)

Thanks for your reply. We do have a flat rate monthly fee but capital improvements are not included. Capital improvements are charged at a fixed % of the cost of the project. This introduces a conflict of interest because there's no incentive for the manager to minimize costs. On the other hand, like you point out hourly rates provide no incentive to minimize time. We were thinking that management fees for capital improvements should be similar to other professional services like legal, engineer etc.. Our experience with other professional services is that they don't inflate the time taken to do the job but do charge a rate that adequately compensates them for their time. You raise an excellent point that I hadn't considered.

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Depending on the scope, your property management company may not be the best person to managing the capitol projects to resolve your construction defects. Hiring any owner's representative firm may be a solution. Then your management company should be focused providing access coordination, accounting support and delivery of general updates to the unit owners.

Suggest the following schedule:
< $50,000 - $1,500
$50,000 - $100,000 - $2,000
$100,000 - $200,000 - $3,500
$200,000 - $350,000 - $7,000

If you management company is overseeing major capital work, you want to understand how they will be staffing the project. It is important that this person has the experience and the clarify their role during the entire process.

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shareholders rights - MK Jan 16, 2013

I was recently verbally assaulted by my super and his side kick (nothing new) and since the area where it took place has a new video surveillance system I requested a copy of it. The MA told me that they were under no legal obligation to provide this. I don’t believe him and would like some feedback. Today I requested a list of all shareholders and he gave me the same BS. I corrected him and directed him to the business corporation law. I think he just makes things up to blow me off. The board president said he does not want me to have it because I will use it to sue them. He is right about that and he was operating above board he would not have this concern. I am still open to an amicable solution where all shareholders interests are covered. Board members have also claim that it is their property. Since my maintenance contributed to the purchase of this new equipment I believe I am entitled to a copy of it regardless of how I want to use it.
Do I have a right to a copy of this video?

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you cant be mushy and passive with this. get a lawyer. call 911 etc.

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This board, managing agent and super are all behaving reprehensibly. They're putting their own CYA interests ahead of a shareholder being harassed by staff -- and I didn't say "allegedly harassed," since the board and the MA clearly believe the person WAS harassed or they'd be happy to have the video vindicate the super. Shameful

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MK - I agree with the recommendations that you start some legal action as soon as possible. Time is important here because the longer you delay, the greater the chance that the segment of surveillance video showing the harassment will be "overwritten" as part of your surveillance system's normal functioning. An attorney can get an order to compel the retention of that video segment before it is lost forever.

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Smoking Ban Enforcement Assistance - Michael A Otte Jan 16, 2013

Our 12-unit condo building's 3-person Board passed a ban on smoking in common areas effective january 1, 2013; however, smoke continues to billow out into the common areas from 2 units. I'm concerned about enforcement; will there be an issue of proof if we begin fining the unitowner based on 'the smell of smoke in the hallways'? a thought from anyone else that has been through this would be great!

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If you passed a ban on smoking in the common areas you should also add NO SMOKING IN THE BUILDING ( OWNERS UNITS) and than have a amendment to the Declarations of Condominium. this wayyouhave a legal docutment that will hold upin court. Look up the Rules of Order

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Tax assesment rates released today! how does this effect budgeting? - Sally Jan 15, 2013

Our increase in assessable amount was only half of the prior tax periods - Your should update your budgets for 2013 accordingly. All info on NYC Finance website.

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Board member being bullied by another - Jay Jan 14, 2013

I am a new board member. The reason I decided to run for the board was to promote better business practices, more transparency and more accountability for the shareholders. As a shareholder, these were important issues that needed addressing in my opinion. I expected some personality clashes and politics to be in play when I was elected but I did not expect to be bullied. I watched as another board member was verbally attacked, undermined to submission and accused of all sorts of wrong doing (some true and some false) because he had the audacity to question the bullying member's actions. I even attempted to defend this member when I had enough and it was obvious that he was being attacked for no good reason (it could be an question, an answer... practically anything). I cannot give out specifics (as a board member you know why). Needless to say he was bullied into submission by the two members that hold power on the board. He no longer even responds to emails most of the time. The two bullies have been on the board for some time and hold positions of power. The remaining members tend to overlook their bullying behavior. It is possible that they are afraid of these two members as well. Very long story short, I seem to be their next target since I tend to be vocal about issues and problems that plague the shareholders. Personally, I have been ordered to drop a topic(yes, ordered), I have been accused unfairly of having some underlining malicious agenda when I asked a simple and innocent follow up question that another board member presented and I have been talked to in a way that would make a toddler blush indignantly. This abrasive board member at times does not allow the "targeted" board member to speak when we are attempting to defend ourselves. The other bully is more diplomatic and is much easier to interact with. After the two most recent email attacks, I found myself crying in front of my husband and questioning leaving the board. Part of me still wants to fight but I am not sure what other tactics I can use. I have tried talking to them as colleagues and asking for respect for all members of the board. My last option is to leave but if I do, I fear retribution. I am even afraid to post this advance seeking blog up for fear that the bullying board member will find it and assume that it is me even without any specifics. There are not many Co op related magazines. Any advise would be very much appreciated.

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You are not alone. Have similar situation. Don’t want to discuss it here. Please contact me at:
camel_666@yahoo.com

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I have similar issues. I will contact you.

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I understand you hesitations to go any deeper into your situation than you have already revealed. I have some ideas, but because of the concerns you raised do not want to post them here. If you'd like to discuss this further, please contact me at steven424 [at] earthlink [dot] net.

Good luck with whatever you decide to do.

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Coop responsability? sprinkler pipes painting - Laure Jan 13, 2013

We are a self-managed Coop (6 units). We all have exposed sprinkler pipes in our apartments, and we've had to hire a painter to paint the main pipes and risers red.
One unit didn't grant access to the painter though, and the owner of that unit promised he would paint it himself. Unfortunatly, we have no way of veryfing if he will comply with this rule or not.
In case he doesn't apply the Fire Department code, who would be responsible: the Coop, or the owner of this unit?
Thanks in advance.

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Laure - If the unit-owner wants to paint the sprinkler pipes himself, give him a time limit (30 days?) to complete the project, and inform him board members will want to inspect the work and possibly take photographs. Tell him you want a signed commitment from him that he is taking responsibility for complying with the FD regulations, and that he will also be responsible for any penalties imposed on the building for non-compliance.

If he refuses, check your proprietary lease. Most leases have provisions which allow board members to enter an apartment without the owner's permission to perform emergency repairs. In my opinion (but check with your attorney first), non-compliance with a fire department directive calls for emergency repairs. In any event check with your attorney before taking any action.

In my opinion, the individual shareholder is responsible for either taking care of the requirement or permitting the co-op to perform the work in his apartment. He should therefore be responsible for all non-compliance penalties.

But all this being said, are you sure the individual pipes branching off of the main runners need to be painted? In a lot of buildings the pipes are not exposed, and therefore can't be painted. If you haven't already checked the regulations, this might save you some aggravation and expense.

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ADA - board member Jan 08, 2013

Does anyone have any experience with what the Americans with Disabilities Act requires of a coop in terms of the following:

The coop has a rule against bicycles being brought into the lobby. Instead, bicycles are to be taken into the garage and chained to a metal bicycle rack. Bicycle owners must then walk roughly 125 feet to the elevator to reach the lobby.

An individual with a severe physical disability has rented a unit on the lobby level from a shareholder. This individual uses a bicycle for her transportation. Walking is visibly difficult for this individual. The individual with the disability has visible difficulty making the walk through the basement and has been bringing her bicycle into the lobby (the same level as her apartment).

Recently, while bringing her bicycle into the lobby, the individual was observed by the managing agent who informed her that it was not permitted. The individual asked to be considered an exception to the rule due to her disability. The managing agent ordered the bicycle taken out of the lobby.

We do not want to run afoul of the ADA. Any thoughts on what should be done?

Thanks in advance.

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The law requires that condos, coops, apartments etc. make "reasonable accomodations" for the disabled. If someone with a disabilty say requests a closer parking space this would be a reasonable accomodation. I believe that this individuals request is reasonable given the nature of her disability & the law & therefore should be granted.

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The Americans with Disabilities Act does not apply to private residences including co-ops and condos. The applicable law is the Fair Housing Act. The disabled individual needs to write a letter to the board requesting a specific reasonable accommodation -- being able to bring his/her bike through the lobby directly to his/her apartment -- and the reason for the accommodation -- that the long walk from the basement can only be done with extraordinary difficulty because of a physical disability. The NYC Commission on Human Rights can advise.

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Contrary to your post, ADA does cover coops because they are not considered private reidences. This is the reason the tax situation is so unfair. Co ops are taxed as commercial property. Many of us have been trying to get a new zoning category, but nothing has happened yet. You state that it is actually in the Fair Housing Act. I would greatly appreciate you noting which part of the Act covers this covers to the exclusion of ADA. Thanks

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The ADA "prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to…,” according to http://www.ada.gov/reg3a.html#Anchor-0001, which says the ADA covers only "(1) Public accommodation; (2) Commercial facility; or (3) Private entity that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes.”

The Fair Housing Act specifically applies to private dwellings (other than single- to four-family homes), according to http://www.justice.gov/crt//about/hce/title8.php.

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Common sense should prevail at all times. It is not always a black and white case. (If I were the renter I would send a letter to the board/agent explaining my circumstances)

Bob.

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