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Live in super - peoples choice #1 Dec 10, 2019

Our co-op has a live in super for way over 20 yrs. for the last few yrs. he has been very lacked and sends the handyman in his place. A couple of times a shareholder will be knocking on his door, no answer. So I called him on his cell he comes out of his apt. and straight in front of us.
With new equipment and 85% shareholders have renovated their apts. he is not needed 24/7 if anything he should be on part time and be replaced by the handyman. My question is how do we get everyone on board to agree to sell his given apt. and hire an emergency company after 5PM-8PM since the record shows the hotline will instruct the shareholder what to do or wait until the super comes around at 8AM. FYI if he comes at night he smells from beer and saids don't call at night.

> Join the conversation Comments (1)

Sounds like you just really need to get rid of the super, ASAP. Questions come to my mind... Union/Nonunion? What is the manager doing in all this?
Why would you want to sell the apartment? How many units are in the building? Do you need the handyman also, or just an adept superintendent?

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Gas Line Testing - Local Law 152 - REAPLLC Nov 22, 2019

Here''s a conversation starter and food for thought... Con Ed is on a shut down frenzy and it's going to get worse!

As many are aware, all buildings need to be tested and inspected by a licensed professional, with certifications beginning whenever your specific community Board schedule mandates.

Many pre-war or war era buildings could never pass a pressure test if put to it, and if a line is suspect, they will pressure test it and shut it down.

The inspections right now are simple visual inspections followed by an ambient gas leak detector scan around all visible lines (my assumption is that within a couple short years they will amend the law to include a 5 year pressure test). Only if something is suspect does it become an issue. I was informed by one of our plumbers that Con Ed is wanting them to have special waist clipped detectors that are automatic and will contact Con Ed autonomously if ambient gas is detected. This can be a nightmare since it does not give the opportunity to resolve a simple issue before getting Con Ed involved.

Whats the solution? There isn't one that I know of, butt what I am doing in all my buildings is equipping the supers with personal gas leak detectors and performing constant in house inspections. preemptively replace anything that seems suspect and start making plans and budgets to replace individual lines.

Anyone else have any ideas, thoughts or preventative measures to suggest?

~AR

> Join the conversation Comments (1)

I did a full podcast with this with Greg Quattlander from NY Plumbing, and you may find it useful. https://podcasts.apple.com/us/podcast/20-local-law-152-2016-gas-inspections-greg-quattlander/id1316217394?i=1000457877512

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RF Reports and Cell Site Antennas (5G) - REAPLLC Nov 21, 2019

I have a verizon cell site on one of my buildings where they are wanting to convert to 5G. I am very skeptical about the RF bleed levels into the building and any exposure to my residents in the building. There seems to be too little known about the long term effects of exposure at various levels. FCC sidesteps the safety issues by allowing for signage and precautions on the roof or where ambient RF is, as a way of making what is otherwise not legally acceptable now acceptable and somehow safe.
I have requested from the carrier a complete RF report showing the levels in and out of the building. They agreed and now supplied me with this report which to me does not look as if I would want it in my home, but FCC says its safe with certain compliance mitigations, which is merely signage!

Here's my question: Since I am not an RF engineer, or an expert at reading these reports and only making my assessment based on my limited knowledge and experience, does anyone have or kn-ow of an engineer who can read the report, assess and evaluate the risk and make a recommendation as to whether I should permit or deny the upgrade application?

This is something that I believe effects many buildings, and Board Members and Managers should do whatever possible to not only ensure the safety of the residents, but to mitigate any risk or liability on our end.

Thoughts? Advice? Referrals?

~AR

> Join the conversation Comments (1)

Valid questions and concerns. We have also wrestled with the long term effects of cell towers.

I agree that there is no definitive long term info out there and because of that, we have declined to install it in our co-op. For us, it would be like taking blood money at this time.

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Security Cameras - Unosay Nov 15, 2019

Our cooperative has not had a quorum in 11 years which is bothers me because we are a large cooperative.Quite a few shareholders didn't get the notice and a complete master list has been denied so we can't reach out to all shareholders. Is a redacted shareholder's list legal? Our board is not knowledgeable about the BCL's and our attorney allows them to do as they please. Security is of the upmost concern here for all due to alleged drug dealing. The board and management has allowed it to escalate to the point we are destroying the quality of life on an entire block of cooperatives. They just started to install cameras on every floor without discussing it with the shareholders. This is after removing live security ten years ago and installing cameras around the complex which is a cul-de-sac. Shareholders were not asked their opinion then nor are they asking them now. What can we do to get our voices heard? Shareholders are reluctant to sign a petition for a special meeting out of fear of retaliation from the board or refusal of services.

> Join the conversation Comments (1)

you are not alone in having shareholders that are disheartened.  I have the same situation in my co-op,

There have been many people who have run or wanted to run for the board but once the current board members and property manager got wind of the candidates, the retaliation began.

Little by little people started to back away, so far away that they stopped coming to meeting or giving their proxies to be voted on their behalf. 

It is difficult to get these shareholders back once they have had their cars damaged, their beautiful gardens that they planted destroyed and were last on the list for any repairs or any type of service.

However, we did get a petition together by gathering a brave group of people from various sections, going door to door to get signatures.  We were successful and with our request for a Special Meeting following the guidelines of our by-law, we were able to stop the few real mostly dummy cameras from being installed. BTW the cameras were from a friend on the board.

As far as the shareholder list section 624 of BCL, I believe you can review the list even write down information but the list only shows the name number of shares and possible unit number. 

Shareholder addresses are to be kept and recorded but the shareholders addresses are confidential except to the person(s) who have fiduciary responsibilities, agents or attorneys and would be needed if legal action was brought against the board.

If a shareholder wants their name redacted from the list seen by other shareholders, an affidavits can be drawn up to protect their privacy.

In the link below it states “For starters, according to the BCL (Section 607), “Upon request, any shareholder is entitled to receive a list of all shareholders [in the building], with the addresses of any non-residents.”  It only mentions address of non-residents.

https://cooperator.com/article/i-got-rights/full

I worked for a large financial institution.. we did not even give the shareholders name. They were referenced by a number. Since co-op are governed by the same laws. I would say you would not be able to see addresses.

https://www.upcounsel.com/lectl-access-to-shareholder-lists-who-and-how

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By-Laws Amendment - marym Nov 11, 2019

We recently had a by-laws amendment proposal approved at a special shareholders' meeting. The notice of the meeting contained the proposed language and it was also read out at the meeting prior to the vote. However, when we got the amended by-laws, they did not contain the exact wording that was voted on. Sentences were moved around and new language added. I thought the verbatim proposal should be in the new by-laws with no changes. Anybody have advice? Thanks.

> Join the conversation Comments (2)

Sounds like the co-op's attorney needs to get involved immediately. What you voted on is not what is now written in the amended by laws. Therefore, the new amended by laws as now written were never approved by a vote of the shareholders at the special meeting.

From my experience, the wording in the proposed by law amendment must be exactly the same as the written by law amendment after the voting takes place.

Some questions come to mind:

Was the attorney present at the special meeting?
Did the attorney draft the proposed by law amendment?

Speak to that attorney ASAP. Good luck.

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> Join the conversation Comments (1)

Thank you Marty and NYC.

The proposal was drafted by one Board member (in consultation with her own personal attorney). Some shareholders had encouraged the Board to invite our attorney for a discussion prior to the vote but the Board refused.

In various emails, we were told by the Board that our attorneys had "vetted the proposal's legality and language;" "reviewed the amendment for legality and clarity of language;" " "this plain language document has been vetted by our attorney at...for clarity and legal precedent...;" and "It has been carefully reviewed by the Co-op attorney." We don't know for sure that the co-op's attorney actually approved the document that was mailed to us purporting to be the new By-Laws. There was a Certification included from our secretary that said "I hereby certify that the annexed document is a true and accurate copy of the By-laws of the Corporation and that said By-laws are in full force and effect as of October 28, 2019, and have been properly amended as of October 28, 2019." Nowhere does she say they were voted on on that date.

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> Join the conversation Comments (1)

You are being handed a bunch a gobbledygook with the "various emails" explanation. Of course the motion must be vetted for legality and clarity of language - but it's supposed to be done by the co-op's attorney, not the personal attorney of a Board member. That doesn't pass the smell test. Keep in mind what Judge Judy says: "If it doesn't make sense then it's probably not true."

This tells me that your co-op's attorney has probably no idea what's going on - only because he/she has been intentionally kept out of the loop. That raises red flags.

If this is such an honestly drafted amendment, then why has the Board operated in such secrecy about it? Why is the Board paying money to retain an attorney and then not use him/her for such an important matter such as a by law amendment? You know the answer.

Bottom line - as you stated, what was voted on is NOT what's now being presented as having been voted on. That is illegal and invalid. NYC and I agree on this.

There's something very rotten going on here with this Board and it can impact the lives of everyone in the co-op. Someone has got to stop this. You've taken the first step by reaching out here for opinions. Take this ball and run with it - straight to your attorney.

My suggestion is to call the co-op's attorney and personally meet with him/her to show him/her this conversation that we are having here on Board Talk. I think your attorney will be very surprised, among other emotions.

Best of luck.

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I have to agree. According to Roberts Rules "The proposed amendment, has to be precisely worded". As was it was in notice of special meeting.

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down payment - pauline Nov 04, 2019

can I use my 401k money for the down payment

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You’d need to check with the rules of your particular 401K plan. I think that most plans allow it, but make 100% sure about your own plan before doing anything.

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> Join the conversation Comments (1)

401k's allow for hardship withdrawals which you don't have to pay back. For example paying a house, dental bills, Dr. bills. The other one is a loan against your 401k this allows you to pay back into your 401k every payday.
I chose the Hardship withdrawal. Talk to your human resources or the person in charge of 401k's. You'll need to fill out papers if you chose a hardship withdrawal. Best of Luck and let us know what you decide.

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Co-op Intercom System Upgrade - Board Prez Oct 30, 2019

To upgrade an aging Video Intercom system, can the board bill individual shareholders for the intercom panel inside their units, or does the cost have to be recovered through an assessment? If the shareholders pay for the panels, do they become individually responsible for the maintenance and replacement of that portion of the system?

Thank you

> Join the conversation Comments (2)

Systems like GateGuard® (which is only $49.99/mo) will ring your phone, iPhone, Android, or tablets which you can put anywhere in your apartment.

It's a massive waste of money to install on-wall units. (Those who want on-wall units can get them from GateGuard, and they can use existing wiring saving you many thousands on labor. Or they can mount a Samsung tablet to the wall and get the same functionality from the GateGuard app).

Hundreds of buildings across NYC and North America use GateGuard. It's impact resistant, works in all weather, is insured (if it fails they'll replace it free!), and they install it themselves so you're not paying thousands in markups to a 3rd party installer. You'll see them all over NYC, the glowing blue screens.

Https://teman.com/GateGuard

(if the history of this board is any judge, sadly you'll now see ugly replies and false accusations from guys trying to push cheap Chinese knockoffs and sell their expensive installation services... Buyer beware. Speak directly to the sources!)

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If the system is needed, the Board can certainly choose to assess if the funds are not in reserve or on hand. The mechanics of the assessment are also at the discretion of the Board.
I have a building where we did a complete system, which allows for a basic panel in the apartment (also has mobile capabilities), and multiple individual upgrade options for the interior panels. The building supplied a basic panel and Shareholders have the opportunity to upgrade at their own cost. Any and all upgrades are become a part of the building system and remain as such.
Consequently, the repairs and ongoing maintenance is a building responsibility.

I hope that helps
~AR

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Incorrect Tax Abatement Charge - JC Oct 27, 2019

We need some advice if anyone has some suggestions. We both have been living together in our coop for over 25 yrs. My spouse is the original owner (their for over 35 yrs), and we were married 8 yrs ago. Back in Jan 2018, I was made a shareholder. Sometime in March of this year, all shareholders received an abatement update from building management. Basically, it said the eligibility requirements for the Co-op Real Estate Tax Abatement have changed due to an amendment of New York State Law. To now qualify for the abatement, your apartment must be your primary residence. It was also mentioned that shareholders whose status was in question would be receiving a form to fill out. If the apartment is not your primary residence, then you are required to pay this operating assessment in full, with no offset of any abatement.

Shockingly enough, WE received the form days later, and immediately filled it out with the correct information informing them that this was indeed our primary residence for many years. We don't even have summer home! The representative from building management even knows my spouse and how long he's been a resident. The coop is fully paid off and we are on auto-pay with our maintenance.

Weeks later, our monthly bill arrives and there's a surcharge to our maintenance for over 2000.00! It was the abatement tax! We called building management and they said "oh, that happened to a few residents in various buildings - that's an error on NYS's part. I told them we immediately returned the form to your office so why is the state charging us? They looked up our information once more, and figured out how this error occured: apparently, when I went on the lease, it caused some kind of glitch, making it appear we BOTH just moved in. Building management said don't worry, you'll be getting credited.

This has been going on since April! Every month we've received our maintenance bill so far, there's been no credit. We call management, and each time, they tell us they have people actively working on the case, and it will probably be on the next bill, AND it's the state that's slow.

Is this something can we take on ourselves with the state, or do we have to wait for management. I feel like they're tagging us along for a ride. I already asked and was told ...oh no that's between coop management and New York State.

Thank you

> Join the conversation Comments (1)

From my experience, it does take a while... NYS does make these types of errors and it is important for your manager and you to stay atop of it because it can fall through the cracks if not.
You may also call the City of New York Department of Finance 311 Hot Line help center yourself to check on the status.

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> Join the conversation Comments (2)

I know this seems like a nightmare, but it can be solved. Your problem is quite common. The city often makes mistakes when adding or subtracting a name.

First of all, the co-op real estate abatement is administered by NYC, not NYS. That means you need to contact a city agency to help you. That agency is the Dept of Finance.

The person we dealt with 2 years ago is Sheelah Feinberg. Her email is FeinbergSA@finance.nyc.gov. She was very helpful in resolving our issues, correcting our account, and getting refunds paid to the shareholders who were entitled to receive them.

I would contact her with the subject line reading "Abatement error made. Please help".

I would then describe the situation as you have done here. I will say that it will likely take several months for the error to be corrected, but at least you'll get your foot in the door by contacting Sheila. I know it's hard because you're frustrated and angry, but remain calm and polite with Sheila. She didn't cause the problem, but she'll be helping you fix it, so smile a lot and hang in there.

She will need to send forms to you or more likely, your management company. Ask her and your management company to copy you on every email between her and management, so you can stay in the loop. Those forms will need to be completed and returned to her. The info needed includes your co-op's block and lot numbers. Then the DOF can begin to correct your account and get it where it needs to be.

I think you're being told a story when your mgt company said that the law has changed. It hasn't changed as far as I know. Your apartment ALWAYS had to be your primary residence in order to receive the Co-op R/E abatement.

Please be patient since this is going to take time. But, it will get fixed.

Something you said should be confirmed with Sheila or your mgt company. You became a s/h in Jan 2018. Your husband was already a shareholder. My understanding is that you don't get extra abatement because there's 2 of you living there instead of one. Whether it's your husband alone or you and your husband, your R/E co-op abatement should be same amount - as long as it's the primary residence. Adding your name to the account should not affect the amount received.

Good luck and be patient.

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I'm giving you a link to see what the abatement change form looks like.

Google "NYC Department of Finance Cooperative Property Tax Abatement Change Form".

The 4th item from the top will say "[XLS] abatement renewal and change form - NYC.gov".

Click on this link and open it. This will be the excel form used to input the changes that you need. At row 39/40 of the excel sheet you'll see the word "Continue". Click on it.

This will put you into Section B. This is the section where the necessary changes need to be input BY YOUR MANAGEMENT COMPANY and given to the Dept of Finance.

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> Join the conversation Comments (1)

Thank you for the input Marty and REAPLLC! This is very helpful. Marty, thank you for the links and the time you took to detail all of this.

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Deductions before Flip Tax - marym Oct 27, 2019

Our co-op is currently proposing reducing our flip tax and have included closing costs before the flip tax is calculated. They have defined closing costs as all fees and transfer taxes paid by the seller at closing. They include: broker fees, seller attorney fee, co-op attorney fee, city and state transfer taxes, loan satisfaction fee, UCC-3 filing fee, NYS equalization fee, deed transfer fee, co-op stock transfer tax, any co-op processing or move out fees."

When asked if there would be a cap on certain fees, such as attorneys' fees, we were told there was none and it was not the co-op's business.

Do other co-ops allow all these deductions and, if so, is there a cap on them, particularly on those that are not fixed?

Thank you.

> Join the conversation Comments (1)

We do our flip tax based simply on a $$ per share basis. It makes things much less complicated.

Having said that, I agree that the co-op can't limit attorney fees and other similar charges. Those charges are set by the attorney and banks and have nothing to do with the co-op. It IS none of the co-op's business.

However, if your Board wanted to limit those fees as far as incorporating them into a flip tax formula, that would seem to be within the jurisdiction of your Board.

Perhaps your Board should look into making life easier by comparing your present flip tax calculation with a flip tax based on $$ per share. The difference may be small enough that it's just easier for all if you do it on a $$ per share basis.

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Employee of Management Co. Secretly resides on Board - NYC Oct 16, 2019

No one wanted to run for the openings on our board this past election. There was one available seat that shareholders assumed was just not filled.

Usually there is a posting with names and positions held of the new B.O.D. this year that was not the case.

It recently came to light, unbeknownst to cooperatives, that an employee of the management company was listed as a board member.

Is this a legal and executable practice?

> Join the conversation Comments (1)

A few thoughts...

First thing to do is check your by-laws. They probably state who can serve as a Board member. Mine state that the Board member must be a shareholder in the corporation. If yours state the same thing and the mgt person is not a shareholder, then they must be removed from the Board immediately.

How did you learn that the mgt person listed as a Board member? Just curious.

You say there was one vacancy on the Board, but no one wanted to run. In these situations, the Board usually has the leeway to fill or not fill that position until the next election.

Good luck

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> Join the conversation Comments (1)

Thanks Marty, I am not at liberty to discuss how I became privy to this information.

Our by-laws do say that to be on the board you must be a shareholder in good standing and yes when there is an empty seat, the board can appoint someone until next election.

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> Join the conversation Comments (2)

Secret or not? The main problem is share holders don't want to serve on the board. This creates a problem in so many ways. Everyone should get involved at least once (become a board member) It's not hard to be one. It doesn't take up much time. Plus you can get involved in what is happening in your building. The most important thing is Communication and communicate with the share holders this will stop rumors. Best of Luck in running for the board.

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> Join the conversation Comments (1)

Thanks, Great advice. Much easier said than done, especially if the current board members are determined to keep their seat no matter what Hopefully next proxy season will bring positive change.

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Is the managing agent also managing for the sponsor?
The sponsor may be entitled to hold a seat, and that would be the one the managing agent is legally able to hold.

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> Join the conversation Comments (1)

No, but thanks for the input.

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