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Warranty of Habitability - NYC May 17, 2019


Does the warranty of habitability apply to a common area such as the bike room, which our co-op does not charge for and states use at your own risk.  Risk meaning if your bike is stolen, they are not responsible.

The conditions in the bike room have become unsafe with some areas of the ceiling falling and an infestation of waterbugs. Our management and board will not remedy this situation and say this is not their responsibility. 

They said it was only a small area of the ceiling that fell and use of this common area is at your own risk.

They have not informed other cooperatives of the possible dangers from the falling ceiling and possible lead and  asbestos contamination. 





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I neglected to mention that a bike was damaged from the falling ceiling which the Managing agent and board say they bear no responsibility for.

The owner of the bike feels since the co-op allowed them to use a common area that was unsafe, they are responsible for repairs to the bike.

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Board elections - bow May 13, 2019

Our board president has been in power for 30 years, and we haven't had an election in forever. Some shareholders are looking to run this year for the first time in forever. There are many concerns:
- Management directed any shareholders turning in proxies to return them to the doorman. But the doorman have been instructed to hand deliver these proxies straight to the President's apartment
- Requests to the management for a list of who is running have gone ignored
- Libelous letters written by the Board president that paint the challenging shareholders in a very poor light have been put under all doors

Questions - can the board get away with "postponing" the election? What are our rights to challenge? Not receiving any replies from management...

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It would be helpful if you could post the wording in the written instructions for the proxy, and the actual wording of the proxy. that could help determine the illegality of your election process.

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Review your by laws and Certificate of Incorporation. They should tell you how often elections must be held and how many Board positions are up for election each year. They may also tell you about Special Meetings and perhaps circumstances that could postpone an election (like not having a quorum).

Have you contacted the co-op's attorney to ask these questions? Given the lack of elections for 30 years, there's probably something illegal going on. The lawyer can tell you more about it.

Has anyone considered running against the current President? It's not easy to do, but if you're dissatisfied with things, odds are there are others who feel the same way. Try to organize support behind the scenes for one new candidate that many shareholders would be willing to support.

The current President would be surprised and unprepared for such opposition, and that's your big advantage. But, you've got to mobilize the troops in order to succeed.

Best of luck!

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We had a President who controlled the Board for years by accumulating proxies. Shareholders formed a slate of candidates and distributed flyers outlining key issues and gave resume information. And counter collected proxies. It was a success.

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Termination of Proprietary Lease - Noise - YonkersCOOP Apr 28, 2019

Hello again:

The Board is considering a default of a shareholder's proprietary lease due to violations of both the House Rules and PL related to noise. From what I understand this is a rare practice by coops. The shareholders have not been able to work the issue among themselves and, in fact, the offending shareholders have rebuked and insulted Board members and management who attempted to mediate and resolve the matter. We have documentation and testimony who can verify the excessive noise.


Does anyone have any experience related to defaulting a shareholder's PL? Was it successful?

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Get a lawyer to advise you. Best of Luck

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Bad report on credit history cleared - Charlie Alfie Apr 25, 2019

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Seeking New Super - EES Apr 18, 2019

We are currently seeking a new live in super. As of today, we have been advertising solely with Zip recruiter. I am wondering if any other boards have used other hiring platforms to find superintendents for their building.
This is a non union job.
Thank you

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You can also try contacting the Resident Manager's clubs, they have members who out of work or just want a change.
Manhattan Resident Managers Club, Inc. MRMCLUB.COM -
Metropolitan Building Managers of NY - MBMNY.COM
New York Building Managers - NYBMA.ORG
Scandinavian-American Building Managers Guild - SABMG.COM

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responsibility for ceiling repairs in top unit - Mike L Apr 17, 2019


We are in a top floor co-op unit. The ceilings in one room are cracked badly, and made of heavy concrete. These cracks have been there since we moved in 6 years ago, but we recently had a contractor looking into other issues and he says we should replace cracked ceiling for safety reasons.

I understand walls and ceiling repairs are usually the responsibility of the tenant, but in this case damage seems to be due either to a past leak or flex in the roof above. Should we get an engineering inspection to determine the cause, in hopes of getting the co-op to assume responsibility for repair, or would that be wasted money? If an inspection says the damage is from a past leak or other roof issues, is the co-op responsible?

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An important bit I failed to mention is that there is no current leak, or at least not one that we've seen. Cracking has gotten worse over the 6 years, but we've never seen water or moisture on the ceiling.

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Mike - It sounds like you may be describing stress cracks, which are quite common as the building settles over time. You should ask the super or building manager if that's what it is.

If so, then plastering is usually all that needs to be done. If so, the co-op should be responsible for taking care of it at no charge to the shareholder.

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Little notice for adjacent apt renovation - practice Apr 13, 2019

Psychotherapist in his own co-op professional suite has been given 2 days notice to find another place to practice (or to terminate practice) because of adjacent apartment renovation which will be so noisy as to make psychotherapy conversation impossible. The Board says there is no recourse. Is there any?

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Can they schedule apointments after 5:00pm after the work day? Until the work is completed?

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Internet/cabe repair access on weekends in a coop - DM Apr 11, 2019

Our building has always permitted repairs to cable/internet (by Spectrum. TW etc) on weekends or whenever without approval.
Suddenly they are claiming no internet repairs may take place on weekends though these type of repairs are not disturbing to anyone.

How can this be?

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Why don't you ask the Board why they made this decision?

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The house rules only state not work on apts by contractors on weekends. The Board just made this up.

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I understand what you're saying about House Rules, but your answer implies that you did not flat out directly ask the Board why. That's the only way to be sure of the Board's reasons - not to mention it would also provide documentation if some chicanery was taking place.

As a Board member, I would certainly expect someone to stop and ask me why this type of decision was made if it happened in my co-op - and I better have a good answer for that shareholder.

Do yourself a favor. Stop guessing and ask a Board member.

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It is not a guess. This is not a house rule. The head of the board is making an arbitrary decision. In fact, she has a history of this. All I want to know is if anyone has heard of this.

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I'm not saying that I don't believe you. I AM saying that, as a Board member, I will tell you that 99% of everything Board-related is legal.

So you'd better be able to prove that what you're saying is true, such as "she has a history of this." Can you prove this to an attorney? You'll need documentation, which is the best way to prove anything.

If your Board has an email address, then I suggest that you email the Board with your original question. It's a valid question. Then they MUST reply. There's your documentation. Without it your point will be hard to prove.

Good luck to you.

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They are silent when you email them

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If my cable was down and I worked all day and off on weekends you better believe I'd let them in to fix my cable & internet.
What is wrong with these boards? They give co-ops and condos a bad name. My co-op has a bad name crazy is one another is they keep raising maintenance and collects high assessments.
Like to know if it was them what they would do. Sorry letting off steam. Best of Luck.

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Quiet Hours - YonkersCOOP Apr 02, 2019

Hi: We've had a number of noise-related issues between shareholders, specifically excessive noise emanating between units during the late night/early morning hours (i.e. walking too hard, loud talking, TV/radio noise, etc). Despite the Board's efforts to have the shareholders work it out among themselves, not much has helped curb the issues.

I just wanted to ask if any Board/coop has implemented some form of 'quiet hours' at their respective building - similar to hotels - where residents are 'encouraged' to keep their conduct at bay during a set time during the nights/early mornings. If so, has it worked and how did you sell it to the residents?

Thanks!

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Contact your shareholders explaining the problem and they all need to have 80% plus entry to apts. covered with rugs and sound proofing padding. You can abide by the 10 PM no noise law. If a shareholder has a number of complaints send a letter that if it continues they will be fined $25. Have your board start a complaint committee and after 30 days all shareholders have to have rugs installed and will be inspected. No excuses. Best of Luck

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Psychotherapist in his own co-op professional suite has been given 2 days notice to find another place to practice (or to terminate practice) because of adjacent apartment renovation which will be so noisy as to make psychotherapy conversation impossible. The Board says there is no recourse. Is there any?

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I think the Board is not being reasonable if they gave this person just 2 days notice. It's highly likely that the Board had more than 2 days notice about the renovations. The Board knows about the private practice.

This psychotherapist might be advised to get an attorney and get an injunction until this can be worked out. I don't think the Board acted properly in this situation.

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Video doorbell and privacy in an apartment building - DM Mar 31, 2019

Evidently, you can install a camera in an apartment hallway only so long as it shows your doorway only and no activity of the neighbors or in the hallway itself.

The new "smart" doorbells - which have a direct line of sight out into a hallway - might reveal the neighbor, say, getting his newspaper in his/her jammies or people going to and from his / her apartment.

This seems illegal. And/ or these types of doorbells may invade your neighbor's privacy. Has anyone dealt with this issue his in their coop or condo?

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