NEW! Get more HABITAT than ever! We're updating TWICE DAILY Monday, Tuesday , Thursday!
It's the super of tomorrow — today! SUPERS GO GREEN
Are you Old Man Potter? Switzerland? WHAT KIND OF BOARD MEMBER ARE YOU?
NOW! NEW EVERY WEDNESDAY! Projects Around Town & Podcasts, on alternating weeks!
DON'T INSTALL YOUR AIR-CONDITIONER! Not without reading about A/C INSTALLATION DANGERS !
APARTMENT BUYERS: See THE CO-OP/CONDO OWNER'S MANUAL to learn about admissions perils and pitfalls!
The Habitat Podcast
When a Board Overthrow Fails
May 16, 2012 — On today’s episode, co-op shareholders rise up against their board and try to have three members removed. But the effort fails, and the victorious board members then vote to have the co-op reimburse them for all the legal fees they racked up while fending off the challenge. Our question, from a fellow member of that co-op’s board, is simple: can they do that?
Our attorney panel takes on this question from all the angles, looking at the legal procedures for removing board members with a recall petition and special meeting, the differences between having board members removed with cause and without cause, when embattled board members are entitled to be indemnified by the co-op or condo for their legal fees, and the ramifications of board members’ voting in their own self-interest. On the panel this week are Marc Luxemburg of Gallet Dreyer & Berkey and Adam Leitman Bailey of Adam Leitman Bailey P.C.
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SPONSORED BY: |
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Marc Luxemburg
Partner Gallet Dreyer & Berkey |
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Top Items
The Sit-Down-and-Talk Way to Get Your Sponsor to Make Repairs
May 17, 2012 — You're in a newly built condominium, and the sponsor has left you with the gift that keeps on giving: building defects. But instead of suing, you can do what one Queens condo board did: Try the talking cure first. Read More »
A Look Back: The Fortunes of a Flatiron Co-op from HABITAT's First Years
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May 15, 2012 — In 1982, Habitat published articles covering three new co-op projects that had hit the market. One of them, advertised as "one of Midtown’s last and best loft conversions," was a co-op in the Flatiron District. How has it fared, 30 years on, from that very different world to now? Read More »
Green Financing for Capital Improvements: Difficult But Not Impossible
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May 15, 2012 — Despite rising interest in green technology and the savings it can provide, lenders will probably be reluctant to make loans when the money to repay the loan is expected to come from energy cost savings. Why? Lack of reliable data about actual savings, unreliability of audit predictions and the need for unconventional underwriting requirements. But that doesn't mean you won't be able to finance insulation for the new roof or lighting improvements, or a high-efficiency boiler. Read More »
Projects Around Town
New-Construction Woes: How a Condo Dealt with a Leaky Three-Year-Old Roof
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It’s not the kind of information a board ever wants to receive — but it certainly doesn’t expect to receive it three years after the building was built. “After evidence of leaks, the board was compelled to hire an architect to study the conditions of the roofing and found that it was improperly installed by the developer,” says Jeff Heidings, president of Siren Management. “Typically, that’s what is first to go in new construction.”
Typical or not, the flaws made it crucial to replace everything. The previous roof had not had enough insulation, and the drains were improperly installed, causing ponding and saturation. In short, it was leaking into the top two floors. Read More »
Featured Articles
Back from the Future: A 30th-Anniversary Short Story, "Osgood's Dilemma"
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May 14, 2012 — In honor of HABITAT's 30th Anniversary, we present a short story from journalist and humorist Frank Lovece, whose fiction has appeared in Marvel Comics and elsewhere.
Osgood Millimeter was fuming. The time was half-past 1982 and his Checker cab was stuck in traffic — he was going to be late for his co-op board meeting again. It was times like these he idly dreamed of having one of those two-way TV/radio wristwatches like in Dick Tracy. But he knew that would never happen during his lifetime, and he was only 40.
The radio was playing, its music pushing up against the wall of heat in the non-air-conditioned cab. Osgood thought if he had to listen to "Eye of the Tiger" from Rocky III one more time he'd scream. As if on cue, the song's headache-inducing guitar thumps stopped, and static filled the tinny radio speaker.
And then, suddenly, he was beside himself.
Literally. Read More »
Co-op / Condo News: What a Board Really Thinks, Super Goes to the Dog(s)
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May 14, 2012 — Recent news affecting co-op / condo buyers, sellers, boards and residents.
This week, the Obama Administration looks to make refinancing easier — or, to hear homeowners tell it, possible. Plus, learn how a board really feels — especially about the prime minister of Qatar. A majority of New Yorkers want no-smoking apartment buildings, says a Quinnipiac poll (or is that a Quinnipiac-a-day?) Co-op boards say no to super-sizing. And you think you have issues with your super? You won't believe what one at a Westchester co-op is accused of. That's him in the orange outfit. Read More »
Stereotypes and Archetypes: Which Kind of Co-op/Condo Board Member Are You?
May 11, 2012 — People are all unique individuals, but certain traits crop up frequently among those individuals who serve on co-op and condo boards. Knowing how some of those traits manifest themselves can help board members understand each other better, and subsequently collaborate more effectively. A professional management association looks at some board-member "types" to help classify them. Read More »
A Green Building Means Nothing Without a Green Super: The Job Goes High-Tech
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May 10, 2012 — At the mixed condominium-and-rental William Beaver House in New York City's Financial District, John Sarich represents the cutting edge of what all building superintendents will become in the coming years. Without a single major capital improvement in his building, through just the green operations and maintenance of his existing systems, he saves his property $32,000 a year — and through only a one-time, $17,000 outlay of time and materials. Read More »
Budget 2012! What To Know To Keep the Numbers from Breaking Your Back
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May 8, 2012 — How does a New York City co-op / condo board in 2012 plan an operating budget when the economy doesn't know where it's going and a presidential election creates a wild card? A top CPA gives board members some tips on predicting future operating budgets so that no matter what, you building will keep a roof over its head. Read More »
Co-op / Condo News: Developer Sued, Tax Commish Booed, Service Dog Feud
May 7, 2012 — Recent news affecting co-op / condo buyers, sellers, boards and residents. This week, Attorney General Eric Schneiderman sues developer Yitzchok Schwart over alleged shoddy construction of Brooklyn's Maspeth Plaza condo, co-op boards and others want firings at the Department of Finance for its property-tax debacle and an East Village woman is fighting her co-op board over a service animal. Plus, people-friendly co-ops and very rich people-friendly co-ops. And for co-op / condo boards, the struggle over real estate brokers as board members. Read More »
Climate Change Is Real and Here: What To Do NOW To Protect Your Building
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May 4, 2012 — Sea levels rising. Droughts. Higher-intensity storms.
Climate change and its effects are with us. And while global efforts to curb greenhouse gas emissions are ongoing, scientists continue to warn us that, no matter how valiant our efforts, we are in for a certain amount of global warming and a host of potential catastrophes. Adding to this, most climate change experts will also give the caveat that it's quite possible we have already passed the point of no return. Read More »
The Future of Co-ops and Condos: A HABITAT 30th-Anniversary Look
May 3, 2012 — Thirty years ago, when N.Y. Habitat was evolving from the Loft Letter, co-op conversions of rental properties were kicking into high gear, thanks in large part to legislation that year that made non-eviction conversions possible. A few years earlier, the Council of West Side Cooperatives had evolved into the Council of New York Cooperatives, and condominiums was still a rarity. What will the next 30 years bring to our community? Read More »
New York City Council Introduces Bill Mandating Smoking-Policy Disclosure
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May 1, 2012 — UPDATED 4:04 p.m. — A New York City bill requiring that landlords, including co-op boards and condo associations, disclose their anti-smoking policies to residents and prospective renters and buyers was introduced at an April 18 City Council meeting and forwarded to the Committee on Housing and Buildings for discussion.
The bill, Intro. 0833-2012, was not placed on the committee's agenda either for its meeting yesterday (April 30) nor its meeting tomorrow (May 2). Committee chairperson Erik Martin Dilan (D-Brooklyn) is the bill's chief sponsor, with five Council co-sponsors, all by request of Mayor Michael Bloomberg. Read More »
Co-op / Condo News: Digital Delay, Liu Wants Property-Tax Complaints, More
April 30, 2012 — Recent news affecting co-op / condo buyers, sellers, boards and residents. New York City Controller John Liu wants to hear from co-ops, condos and others who suspect the Department of Finance overvalued your building for tax purposes. Plus, a Queens co-op is putting up signs to try to prevent people parking legally on a public street, the Attorney General gives developers an extra six months to digitize their offering plans, and a co-op board goes after a widow and widower. And speaking of boards, a lawyer tells how to collect arrears by cutting off amenities. Read More »
Why Residents Won't Run for the Board — And Why That's So Dangerous
April 27, 2012 — What happens when not enough people volunteer to serve on a co-op board or condo board? Is your building doomed? An attorney and community-association authority gets down to the root causes, and why it's critical that boards address these issues in order to keep your co-op or condo from stagnating — and to keep it in your hands. Read More »
So You Want To Be a Board Member? Sure! It's No Harder Than Giving Birth!
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April 26, 2012 — Have you ever wondered what it would be like to be on your condo or co-op board of directors? Do you really know what your board does and how it goes about running your co-op? How can you prepare yourself if you decide to run? As a four-year veteran member and now president at Park Terrace Gardens in Inwood, I might compare the experience to having a baby: You don't know what it's like until you actually experience it. Read More »
Ask the Attorney: Does My Co-op Need to Do Energy / Water Benchmarking?
April 24, 2012 — A reader asks: I live in a small co-op in Brooklyn, and I am president of the co-op board. Our building is self-managed. I recently spoke to a friend who is on his board and he mentioned the New York City benchmarking submission requirement. Our building never made a benchmarking submission and was wondering, are all co-ops required to submit a report? What are the consequences if we submit late? Read More »
Co-op / Condo News: A Sort of Smoking Ban, Record Sales Prices, More
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April 23, 2012 — Recent news affecting co-op / condo buyers, sellers, boards and residents. This week, Mayor Bloomberg proposes a residential smoking ban. Or does he? Plus, a tree may grow in Brooklyn but a co-op's just sprouted in the ever-burgeoning Bronx; the highest-priced New York City co-op ever gets sold; and what could be the second-priciest condo gets put on the market. Good thing Co-op City is staying affordable. And we wonder what Jennifer Aniston's combined co-op apartments will sell for now that she's moving (or moving in) elsewhere. Read More »
900 Angry Co-op / Condo Homeowners Meet To Demand Tax Equality
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April 20, 2012 — An estimated more than 900 co-op shareholders and condo unit-owners gathered at a Queens forum and an adjacent movie theater's simulcast on April 12 to protest what they and politicians call an inequitable property-tax system, which taxes co-ops and condos at a far higher rate than any other residential property. Read More »
Courts Seldom Let Individual Board Members Get Sued. Except When….
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April 19, 2012 — Sharon Grubin and Deborah Lans owned a condominium apartment at The Gotham, at 170 East 87th Street in Manhattan. In what a court described as a "bitter dispute," the two sued the condo board,the board members and the managing agent for what the suit described as "abhorrent" living conditions and treatment by the condominium. Will the court dismiss the suit? What would your board have done? These are the questions in Grubin v. The Gotham Condominium. Read More »
Board Member / Insurance Pro Reveals: Secrets of Controlling Insurance Costs
April 17, 2012 — Insurance procurement and placement are important responsibilities for any co-op or condo board. I've been on my Upper East Side co-op's board for nearly 10 years, and treasurer for the past two. One of my responsibilities is overseeing our 400-unit building's insurance program, mainly because I've been in the insurance industry for more than 25 years. Through my work in insurance and as a board member, I've learned enough to offer some helpful advice regarding building insurance. Read More »
SOURCE GUIDE 2012
The 2012 Habitat Magazine Source Guide ... the annual bible of co-op and condominium products and services! With nearly 100 companies and individuals in 31 categories from "Accountants & Auditors" to "Windows" — with stops in-between at services as ubiquitous as "Property Management" and as specialized as "Water Tanks" — it's the industry's top directory of professionals, suppliers and vendors. And the online version of this special advertising section comes with live links to e-mail addresses and websites. Check it out here >>
Coming in June
View video now... (15.54 MB)This issue, we look at boards that bend over backwards to avoid raising maintenance; projections for the coming year's biggest expenses; two new buildings that grappled with their sponsors over defects, climate change; solar energy; and more. [Click to enlarge]
Brought to you by the law firms of:
Braverman & Associates • Kagan Lubic Lepper Finkelstein & Gold • Montgomery, McCracken, Kurzman, Karelsen • Wagner Davis • Wolf Haldenstein Adler Freeman & Herz
Learn From The Best
View video now... (18.06 MB)
Cleaning your boiler is a dirty job, but someone's got to do it. The question is, who? And how often? Carla Romita of Castle Oil can tell you.
Click here to visit Ask the Experts, where you'll find more insights and answers from authorities in the fields of finance, fuel, lobby and hallway design, boilers, laundry, storage, and law.
BOARD TALK
Braverman & Associates • Kagan Lubic Lepper Finkelstein & Gold • Montgomery, McCracken, Kurzman, Karelsen • Wagner Davis • Wolf Haldenstein Adler Freeman & Herz

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