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Board Talk
Management real estate lawyer
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Deborah
May 16, 2012
I am on the Board of directors of a large mitchell Lama co-op. Our Management company's real estate lawyer is trying to force out one of our long time commercial lease tenants by raising his rent so high he cant afford it. Our tenant is looking to extend his present lease so that he can get a loan to upgrade the space, however our real estate lawyer wants to double the tenant rent to force him out. This information is not known to the entire Board. Is this legal? The tenant has fallen on hard times, however he pays his rent. He will not be able to afford the increase. This lawyer is also racking up legal fees by calling our attorney asking questions. Is there anything that can be done before its to late for the board to stop it? I need advice on how to approach this matter. What to do when you have information that has not been presented to the entire Board.
Property Management Fees
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Jenny
May 15, 2012
My property manager wants to increase his fees by 50%. He was using the 'market rate' of $300 per unit as his justification. Can anybody help me verify this 'market rate' ? This is a condo building in Brooklyn.
About those balconies
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Michele
May 10, 2012
I need a little balcony instruction 101...anyone out there familiar with standard balcony construction, materials that are supposed to be used, etc.? Let's have coffee!
User replies (1)
Balconies
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AdC
May 14, 2012
Perhaps you should give some sort of indication as to the number of floors your building has, type of construction, size of balconies and issues that you are currently experiencing, i.e., railings & footings, membrane protective system, drainage, etc.
User replies (1)
Balconies
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Michele
May 15, 2012
I would prefer to discuss this offline...that would be better for me...is it possible to share with you?
Illegal Subleting
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Pres
May 10, 2012
I have a situation where a shareholder moved a relative into the coop until she found an apt. The shareholder has property out of state, leaves returns 6-9 months later. Our by laws say the lessor and relative must live in the apartment. Yes he is in violation of the by laws but on top of that the relative is a disruptive neighbor. Can some tell me what steps I need to take to have this relative removed? How do I prove the shareholders coop is not her primary residence?
User replies (4)
illegal sublet to a family member
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dsi
May 11, 2012
First, are the rules established by your proprietary lease and bylaws. Secondly do you have any sublet and fee provisions established, or is it illegal to sublet an apt? assuming that you allow sublets, with a surcharge, or allow family and you need to check on the definition because many only allow for immediate family and not extended family. So, assuming that they are in breach, you first, stop accepting their maintenance payments immediately. Acceptance can be construed as acknowledgement and therefore acceptance of the situation. Second, you have your Attorney draw up a notice to cure' and set a 10 up to 30 day cure period. Assuming the pretense was for her to find a place then less than 30 is not unreasonable. You have to be committed to curing the situation and going the full route to success, which includes the very real threat, and possible action of eviction and foreclosure. Not for the faint of heart. IF she is not a shareholder it is not her primary residence, assuming there is no contract with the board for a sublease. IF you are talking about the Shareholder, it doesn't have to be their primary residence, usually (check your prop lease and bylaws) the shareholder is required to be in fully present and in residence if there is a guest in the apt, and if not immediate family (and often even if...) there is a stipulated time base restriction on their residence as well. So,lease and bylaws first, cessation of acceptance of maintenance payments is second, 'Notice to Cure' is third, and when all is said and done you can always try and go for a sublease surcharge fee based on the number of months an illegal sublet existed, but do not try this before the fact as it can inadvertently trigger an acknowledgement condition with the Judge.
illegal sublet to a family member
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dsi
May 11, 2012
First, are the rules established by your proprietary lease and bylaws. Secondly do you have any sublet and fee provisions established, or is it illegal to sublet an apt? assuming that you allow sublets, with a surcharge, or allow family and you need to check on the definition because many only allow for immediate family and not extended family. So, assuming that they are in breach, you first, stop accepting their maintenance payments immediately. Acceptance can be construed as acknowledgement and therefore acceptance of the situation. Second, you have your Attorney draw up a notice to cure' and set a 10 up to 30 day cure period. Assuming the pretense was for her to find a place then less than 30 is not unreasonable. You have to be committed to curing the situation and going the full route to success, which includes the very real threat, and possible action of eviction and foreclosure. Not for the faint of heart. IF she is not a shareholder it is not her primary residence, assuming there is no contract with the board for a sublease. IF you are talking about the Shareholder, it doesn't have to be their primary residence, usually (check your prop lease and bylaws) the shareholder is required to be in fully present and in residence if there is a guest in the apt, and if not immediate family (and often even if...) there is a stipulated time base restriction on their residence as well. So,lease and bylaws first, cessation of acceptance of maintenance payments is second, 'Notice to Cure' is third, and when all is said and done you can always try and go for a sublease surcharge fee based on the number of months an illegal sublet existed, but do not try this before the fact as it can inadvertently trigger an acknowledgement condition with the Judge.
illegal sublet to a family member
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dsi
May 11, 2012
First, are the rules established by your proprietary lease and bylaws. Secondly do you have any sublet and fee provisions established, or is it illegal to sublet an apt? assuming that you allow sublets, with a surcharge, or allow family and you need to check on the definition because many only allow for immediate family and not extended family. So, assuming that they are in breach, you first, stop accepting their maintenance payments immediately. Acceptance can be construed as acknowledgement and therefore acceptance of the situation. Second, you have your Attorney draw up a notice to cure' and set a 10 up to 30 day cure period. Assuming the pretense was for her to find a place then less than 30 is not unreasonable. You have to be committed to curing the situation and going the full route to success, which includes the very real threat, and possible action of eviction and foreclosure. Not for the faint of heart. IF she is not a shareholder it is not her primary residence, assuming there is no contract with the board for a sublease. IF you are talking about the Shareholder, it doesn't have to be their primary residence, usually (check your prop lease and bylaws) the shareholder is required to be in fully present and in residence if there is a guest in the apt, and if not immediate family (and often even if...) there is a stipulated time base restriction on their residence as well. So,lease and bylaws first, cessation of acceptance of maintenance payments is second, 'Notice to Cure' is third, and when all is said and done you can always try and go for a sublease surcharge fee based on the number of months an illegal sublet existed, but do not try this before the fact as it can inadvertently trigger an acknowledgement condition with the Judge.
illegal sublet to a family member
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dsi
May 11, 2012
first are the rules established by your proprietary lease and bylaws. Secondly do you have any sublet and fee provisions established, or is it illegal to sublet an apt? assuming that you allow sublets, with a surcharge, or allow family and you need to check on the definition because many only allow for immediate family and not extended family. So, assuming that they are in breach, you first, stop accepting their maintenance payments immediately. Acceptance can be construed as acknowledgement and therefore acceptance of the situation. Second, you have your Attorney draw up a notice to cure' and set a 10 up to 30 day cure period. Assuming the pretense was for her to find a place then less than 30 is not unreasonable. You have to be committed to curing the situation and going the full route to success, which includes the very real threat, and possible action of eviction and foreclosure. Not for the faint of heart. IF she is not a shareholder it is not her primary residence, assuming there is no contract with the board for a sublease. IF you are talking about the Shareholder, it doesn't have to be their primary residence, usually (check your prop lease and bylaws) the shareholder is required to be in fully present and in residence if there is a guest in the apt, and if not immediate family (and often even if...) there is a stipulated time base restriction on their residence as well. So,lease and bylaws first, cessation of acceptance of maintenance payments is second, 'Notice to Cure' is third, and when all is said and done you can always try and go for a sublease surcharge fee based on the number of months an illegal sublet existed, but do not try this before the fact as it can inadvertently trigger an acknowledgement condition with the Judge.
User replies (1)
Illegal Sublet
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Pres
May 12, 2012
Yes our attorney has done all of the above. We have a court date with the judge, were the board needs to prove this is not her primary residence. Why should the board prove this is not her primary residence? The shareholder needs to prove this, correct?
Choosing a Management Company
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Martin Cassidy
May 09, 2012
I am on the board of a large condop building and we are considering going to RFP for a management company. Are there any project managers that specilize in this area?
Thank you,
Martin
Thank you,
Martin
A shareholder was a board member 2 years ago and has since resigned. He soon moved out of the building to another co-op (in which his wife is on the board) and leased his apartment. He has been subjected to a sublet fee (instituted while he was on the board) and has constantly complained about the fact that it's too high and he can't afford to pay fee. We looked into other calculation methods, but none was better than the one in place. As such, this was communicated to him.
At our annual shareholders meeting recently, he nominated himself for re-election to the board, and has brought up the same complaint about the sublet fee.
We feel his rejoining the board is a conflict of interest because:
1) He does not live in the building - and is unable to participate as other resident board members, and
2) His re-joining the board appears disingenuous and not in the best interest of the co-op as a whole
Is this legal and has anyone experienced this situation? Would appreciate any and all comments on this matter.
Thanks.
At our annual shareholders meeting recently, he nominated himself for re-election to the board, and has brought up the same complaint about the sublet fee.
We feel his rejoining the board is a conflict of interest because:
1) He does not live in the building - and is unable to participate as other resident board members, and
2) His re-joining the board appears disingenuous and not in the best interest of the co-op as a whole
Is this legal and has anyone experienced this situation? Would appreciate any and all comments on this matter.
Thanks.
User replies (1)
Three-part answer:
(1) NO, there is no conflict of interest in this person running for the board. Anyone who qualifies may run for any reason, or no reason ("Hey! I wanna be a director!"). That said, one-issue candidates are rarely good board members.
(2) YES, if this person is elected, he should be prohibited from discussing or voting on sublet fees and policies so long as he is subletting himself. That would be a conflict of interest. (In practice, I can imagine this being problematic if several members of a small board were all subletting.)
(3) MAYBE this person qualifies to run for the board, but maybe not. There's no fixed answer; you'll need to check your By-Laws. In our co-op, a non-resident shareholder would *not* be qualified, due to language we adopted several years ago: "Each Director of the Corporation shall be a shareholder or the spouse of a shareholder. Directors shall be residents of the apartment building owned by the Corporation."
(1) NO, there is no conflict of interest in this person running for the board. Anyone who qualifies may run for any reason, or no reason ("Hey! I wanna be a director!"). That said, one-issue candidates are rarely good board members.
(2) YES, if this person is elected, he should be prohibited from discussing or voting on sublet fees and policies so long as he is subletting himself. That would be a conflict of interest. (In practice, I can imagine this being problematic if several members of a small board were all subletting.)
(3) MAYBE this person qualifies to run for the board, but maybe not. There's no fixed answer; you'll need to check your By-Laws. In our co-op, a non-resident shareholder would *not* be qualified, due to language we adopted several years ago: "Each Director of the Corporation shall be a shareholder or the spouse of a shareholder. Directors shall be residents of the apartment building owned by the Corporation."
User replies (3)
Thanks Carl! Your answers were a big help. I checked our By-Laws and it is not included. Will certainly look to add this policy for sure.
conflict of interest
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dsi
May 09, 2012
Carl's first two points are correct as far as I know. Single issue Board members rarely last long,either they achieve their goals and leave, or fail and leave. The greater issue is, even if they recuse themselves, their friendships, presence etc. can affect votes. The real problem is that it is actually a form of self-dealing, if, in fact, they can directly benefit from the outcome of a vote. I don't believe residency, while generally desirable, should be an issue, providing a non-resident Board member is involved with the building and maintains a reasonably active presence. Good Board members are hard to find and train, if you are in a small building, it can be really tough, so I wouldn't want to lose a good one for those reasons, unless there is a reasonably capable replacement ready to step up. Many Coop governing docs actually do not require any Board officers to actually be shareholders outside the role of President. The hard thing is finding willing shareholders who understand that what is best for the Coop as a community and to maintain a financially viable entity, is not always what is best for a particular individual. In a Coop, a (wo)man's home is not their castle, to do with as they will, it is always subject to the greater good. That is a tough concept.
conflict of interest
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dsi
May 09, 2012
Carl's first two points are correct as far as I know. Single issue Board members rarely last long,either they achieve their goals and leave, or fail and leave. The greater issue is, even if they recuse themselves, their friendships, presence etc. can affect votes. The real problem is that it is actually a form of self-dealing, if, in fact, they can directly benefit from the outcome of a vote. I don't believe residency, while generally desirable, should be an issue, providing a non-resident Board member is involved with the building and maintains a reasonably active presence. Good Board members are hard to find and train, if you are in a small building, it can be really tough, so I wouldn't want to lose a good one for those reasons, unless there is a reasonably capable replacement ready to step up. Many Coop governing docs actually do not require any Board officers to actually be shareholders outside the role of President. The hard thing is finding willing shareholders who understand that what is best for the Coop as a community and to maintain a financially viable entity, is not always what is best for a particular individual. In a Coop, a (wo)man's home is not their castle, to do with as they will, it is always subject to the greater good. That is a tough concept.
Non-Smoking building
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~AR
Apr 28, 2012
I am in process of turning one of my buildings into a non-smoking building and will be amending the Bylaws to do so at a Special Meeting of the Shareholders....
Question is: Does anyone have sample Bylaw language who is already done this?
Question is: Does anyone have sample Bylaw language who is already done this?
Does anybody know or could recommend a general contractor who could inspect a condo and provide a free estimate? The condo I live in has structural issues, leakage issues and the roof is in terrible condition. It is also a relatively new condominium. Thank you.
User replies (2)
Engineer
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~AR
Apr 28, 2012
I use Lane Engineers for this type of thing, they are much less expensive and very good... let them identify the issues and then hire or allow them to reccomend several contractors to do the repairs....732-264-4307
You can Also call REAP Construction that does full building inspection reports, but they charge and are not free.... 877-799-6810
You can Also call REAP Construction that does full building inspection reports, but they charge and are not free.... 877-799-6810
User replies (1)
Thank you
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Mark
May 03, 2012
Thank you for your assistance. It appears that an engineer has to inspect it and recommend a solution before a contractor is hired.
GC's
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dsi
Apr 27, 2012
Hire an Engineer who is licensed to solve these issues and their underlying complexities. If warranted, the Engineer will need to do drawings and write specs that meet all codes, will pass DOB inspections and both remediate the issues and protect your property. You then use those specs to bid the work, and have the Engineer serve as the Bid referee and be responsible to inspect, approve and supervise the handling of the repairs. You need to solve the problems (Engineer), before you repair the problems (Contractor). Never let the Contractor be the inspector of his own work and solutions.
User replies (1)
Thank you.
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Mark
May 03, 2012
Thank you.
User replies (4)
facade repair
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dsi
May 04, 2012
We have used Ralph Sobel, Architect: 171 Sullivan Street, #9, NY, NY 10012 212-228-4001 rsobelarch@gmail.com; he has done our local law/11 work two times, which for us was extensive, and now is overseeing the execution of facade repairs where cracks revealed that the steel straps that hold our terracotta facade had started to give way. He has designed the solutions, which includes how to dismantle, repair and re-install without damaging or losing our 84 yr old elements. This is along with lintel replacements, brick and mortar, escapes etc. caulking, sills and sealants. So, this is a third major project for him with us. I guess that is a statement in itself.
Architects/Engineers
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dsi
May 04, 2012
We have used Ralph Sobel, Architect for a few serious facade projects and local Law/11work. Fairly priced; where he has had to produce detailed solutions and specs along with construction drawings for serious facade reconstruction and repair problems on our 1928 terra-cotta facade building. Very solid quality work, onsite inspections, supervision etc, @:
Ralph Sobel, Architect
171 Sullivan St., #9
New York, NY 10012
212-228-4001
rsobelarch@gmail.com
D.
Ralph Sobel, Architect
171 Sullivan St., #9
New York, NY 10012
212-228-4001
rsobelarch@gmail.com
D.
Architects/Engineers
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dsi
May 04, 2012
We have used Ralph Sobel, Architect for a few serious facade projects and local Law/11work. Fairly priced; where he has had to produce detailed solutions and specs along with construction drawings for serious facade reconstruction and repair problems on our 1928 terra-cotta facade building. Very solid quality work, onsite inspections, supervision etc, @:
Ralph Sobel, Architect
171 Sullivan St., #9
New York, NY 10012
212-228-4001
rsobelarch@gmail.com
D.
Ralph Sobel, Architect
171 Sullivan St., #9
New York, NY 10012
212-228-4001
rsobelarch@gmail.com
D.
Architects/Engineers
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dsi
May 04, 2012
We have used Ralph Sobel, Architect for a few serious facade projects and local Law/11work. Fairly priced; where he has had to produce detailed solutions and specs along with construction drawings for serious facade reconstruction and repair problems on our 1928 terra-cotta facade building. Very solid quality work, onsite inspections, supervision etc, @:
Ralph Sobel, Architect
171 Sullivan St., #9
New York, NY 10012
212-228-4001
rsobelarch@gmail.com
D.
Ralph Sobel, Architect
171 Sullivan St., #9
New York, NY 10012
212-228-4001
rsobelarch@gmail.com
D.
ATTENTION - This DOES hold for cooperatives
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TD
Apr 25, 2012
(From NY Times Q & A)
When Hiring a Moonlighting Super
Q Is a condominium legally responsible for any damage or personal injury suffered by a building employee while performing a service after hours at a resident’s request in the resident’s apartment? The resident has insurance. Would that cover liability?
A Dennis H. Greenstein, a Manhattan co-op and condominium lawyer, said that a superintendent working on his own time in a unit at the request of the unit’s owner would be regarded as an independent contractor. But he said New York law may hold a condo association liable for accidents to a contractor’s employees in the building, even if the condo board was unaware that the contractor (or superintendent) was working for a unit owner.
The board and unit owners may protect themselves by having the unit owner obtain insurance for both workers compensation and general liability, naming the condo board, all unit owners and the managing agent as “additional insureds.” The unit owner would sign and deliver to the board an agreement accepting responsibility for liability, costs and fees not covered by that insurance. The condo’s insurance may not protect the board or unit owners against liability for personal injury or property damage to the unit resulting from the work performed by the independent contractor.
When Hiring a Moonlighting Super
Q Is a condominium legally responsible for any damage or personal injury suffered by a building employee while performing a service after hours at a resident’s request in the resident’s apartment? The resident has insurance. Would that cover liability?
A Dennis H. Greenstein, a Manhattan co-op and condominium lawyer, said that a superintendent working on his own time in a unit at the request of the unit’s owner would be regarded as an independent contractor. But he said New York law may hold a condo association liable for accidents to a contractor’s employees in the building, even if the condo board was unaware that the contractor (or superintendent) was working for a unit owner.
The board and unit owners may protect themselves by having the unit owner obtain insurance for both workers compensation and general liability, naming the condo board, all unit owners and the managing agent as “additional insureds.” The unit owner would sign and deliver to the board an agreement accepting responsibility for liability, costs and fees not covered by that insurance. The condo’s insurance may not protect the board or unit owners against liability for personal injury or property damage to the unit resulting from the work performed by the independent contractor.
Gum on sidewalk/concrete landing
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Michele
Apr 22, 2012
Hi all...how the heck do you get that old gum up? We have some careless teens in our building and the front concrete landing is spotted with old gum. I have seen DIY remedies, but maybe power washing? If the latter, can you recommend a good power washing company that deals with hot power washers? thx. Michele
User replies (5)
gum on sidewalk
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JG in NYC
Apr 23, 2012
Gum is best removed if it's cold. So it comes up easiest in winter. Remove as much as you can with a paint scraper. I've used WD-40 with some success removing whatever is left. Some of those 'air blast' cans send out a chilled air, that might help cool it enough to scrape it off, or put some ice on it before you scrape it.
gum
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dsi
Apr 23, 2012
Gum is one of the all time hardest substances to get up off of concrete. The most successful removal device I ever came across was my last dog, may he rest in peace. the second best was hiring a very HD power-scrub company which was reasonably successful, but far from perfect.
gum
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dsi
Apr 23, 2012
Gum is one of the all time hardest substances to get up off of concrete. The most successful removal device I ever came across was my last dog, may he rest in peace. the second best was hiring a very HD power-scrub company which was reasonably successful, but far from perfect.
gum
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dsi
Apr 23, 2012
Gum is one of the all time hardest substances to get up off of concrete. The most successful removal device I ever came across was my last dog, may he rest in peace. the second best was hiring a very HD power-scrub company which was reasonably successful, but far from perfect.
Gum on sidewalk
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MRM
Apr 22, 2012
There are many good products out there such as gum off, blast off, that come in aerosol cans. Your local hardware/DIY store should carry such products (and they work)
MRM
MRM
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