My understanding is that the Board needs to submit a conflict of interest report that covers the entire Board's activities. At least that's how we've done it.

I have never heard that our shareholders are supposed to receive a copy of this report. It's supposed to be on file with the proper authorities.

I don't know why you'd say that there is no auditing/enforcement of this requirement. Just because you haven't received the report doesn't mean it hasn't been done. None of our shareholders has ever received this report.

The filing of this report is now the law, so any responsible Board should be in compliance.

Interesting - I had understood that the requirement was to provide the report to shareholders themselves:

"submit an annual report to the shareholders, which shall be signed by each such director"

https://www.nysenate.gov/legislation/laws/BSC/727

When you say "on file with the proper authorities", can you be more specific? Would that be the NY Attorney General, or some other body?

There is a podcast on this site by Braverman Greenspun titled
"What does the new disclosure law mean for my board?" also: https://www.habitatmag.com/Publication-Content/Legal-Financial/2018/2018-January/Conflict-of-Interest

I was also curious about this since i have never received this report either

Hi -

I'm sorry for the aggravation you're going through with the exemptions. Between lost documents, name inconsistencies, and dealing with the DoF in general, it can get very annoying.

To answer your question about responsibility, in my opinion (and I am not a lawyer) individuals who receive tax abatements are responsible to make sure they properly qualify. In the case of STAR, Senior Citizen, R/E tax, and other abatements, you receive the abatements from the DoF and not from the co-op. Your co-op acts as a sort of agent and pass-through for the DoF to get the funds to you.

In my building, the managing agent works closely with shareholders to resolve problems with abatements, but they are not required to. It's a service we ask our MA to perform.

I agree it sounds like your MA is giving you the runaround. My first suggestion would be to contact your board president or other board member and explain the situation to them. Ask for their help with making the MA more responsive.

You might also try contacting the owners of the other co-ops listed on the MA's letter. The more aggrieved shareholders who are involved, the more leverage you all will have.

You need to try to stop the clock if you're up against any deadlines. Call the DoF (or see if there's anywhere online) you can enter your registration number to confirm any deadlines and ask for an extension.

Best of luck to you,
--- Seve

Thank you steven. I did send an email to the D.O.F. With the reg # I received from the person I did speak to. I included a copy of the acceptance letter, and mailing return receipt. I also reached out to a board member so I guess there is nothing left to do but wait for their responses. The M.A. omitted the other owners names and unit 's and just put my name and unit number on the form. I guess it was an oversight that he left the other block numbers. Thanks again :-)

Hi Steve,
I don’t know who is giving you the thumbs down. I think you have a crazy stalker named Connie.

Just want you and all the other contributors to know I appreciate the advice I receive from this site.

Personally, I don't think there should be a rating system on a FREE site, where people are giving their time and sharing their experiences.
:-)

Thanks, NYC. I think of it as simply returning what I received back when I first joined my board. I didn't discover Habitat and these forums until a few years later, but CNYC with their monthly newsletters and annual symposiums were invaluable in the beginning.

As for a stalker... At my age, I never imagined I'd have my very own groupie. Kind of honored, and tickled. ;-)

Stay safe.

We used Vertical Systems Analysis and thought they did a good job.

307 West 36th Street 8th Floor

New York, NY 10018

T: 212.989.5525

Answering my own question, after a followup discussion with our managing agent and other board members: we're going to have the Secretary do a verbal roll call and record attendance from that. This works for us because we have only 33 units in our co-op, but I can imagine it would be onerous for larger buildings.

Check out Item #3 in this article to see if it suites your requirements

https://zapier.com/blog/zoom-tips/

Thanks for the pointer to those Zoom tips, which can help automate the roll call and automatically record participant info. For our meeting next week, we may use both a traditional roll call *and* the Zoom-supplied techniques as a backup.

You're welcome and good luck. If you come up with something that works, please post it here. I'm sure it will help others with similar needs.

--- Steve

I am definitely not a professional but do have some knowledge on the subject, so please take my answer for what it's worth.

Most hallway and other common area emergency lights are self-contained units. They rely on an internal rechargeable battery (lead-acid, like a car battery). They are wired into the building's 110V A/C power so they are constantly being charged. If the power goes off and the unit no longer senses the 110V, it automatically kicks over to battery. I think units may be obtained with different guaranteed minimum run-times, but I am not sure of this.

I'm assuming you live in a co-op or condo, so as for who has overall responsibility for the proper selection, care, testing, and other maintenance, the co-op or condo board does. The board can and almost always will engage the super, managing agent, or third party contractor for the hands-on requirements. But if the FDNY does an inspection and finds emergency lighting deficiencies, the violation will be written up against the building's owner and it will be the board's responsibility to cure the defects.

I hope this helps,
--- Steve

Thank you Steve. That's helpful. Yes, a coop.

I may have misunderstood the intended purpose of the emergency back-up lights. I thought they were supposed to stay on, or at least be light-sensitive so they would come back on again after dark if the electricity was still off.

But a firefighter friend told me they were only supposed to be on at the beginning of the emergency (when the electricity cut off), e.g. to help people get out of the building. (But then what?) So they may have worked as they were supposed to, but it still seems dangerous to me.

Do you know anything about that, or where I can look for the info?

Thx.

Hi DP - As your firefighter friend explained, emergency lighting is used for emergency situations, such as helping to evacuate a burning building. It is not intended to be used for normal residential illumination. I'm guessing that people would not be allowed back into a building until the FD has certified it safe for occupancy. This would include appropriate lighting.

In the event only a part of the building was damaged and the rest could be legally occupied, it would be the responsibility of the building owner to make all repairs to damaged or destroyed common systems, such as electricity and lighting. I would surmise the FD would not allow re-entry until everything was back up to code.

Emergency lighting runs on battery, which has a limited rated illumination length. Once the battery is depleted, it would need to be recharged before being used again.

Thanks again, Steven.

It was an odd emergency (Con Ed failure which affected a few buildings)—one outside of the usual definitions and parameters. There was no damage to the building, and no one was required to leave. I guess this was just one of those events that buildings really aren't prepared to handle—especially in an economically challenged neighborhood where the thought of going to a hotel didn't even cross my mind... and in the middle of a pandemic where we're mostly sheltering in place.

All seems OK now. Con Ed had to replace cables going into the buildings.

Thanks again!

You can pass a house rule that covers mask-wearing and social distancing, in either a specific or a generalized way. You might want to ask your attorney for guidance on the phrasing. Afterwards, anyone who fails to comply is violating a house rule and is subject to whatever penalties your Proprietary Lease allows for breaking house rules.

A difficulty our attorney warned us about in the past: authority to impose fines must originate in the Proprietary Lease. So your board may not be able to impose a fine even for egregious violations of house rules.

Hi pierogiz - Co-op apartments are a special type of of lessor/lessee arrangement that works like this. From a business organization perspective, a cooperative apartment building is owned by a unique form of not-for-profit corporation. This corporation owns the land (in most cases) and the building(s) outright.

When you "purchase" a co-op apartment you are actually buying shares of stock in the co-op corporation. At your closing you should have received a formal printed stock certificate showing how many shares you own and a copy of the corporation's Offering Plan. These are two key documents. If you took out a mortgage, the originator is given the stock certificate as collateral for the loan.

In exchange for owning the shares of stock apportioned to your unit, the co-op corporation grants you a Proprietary Lease. This is a special kind of lease that is similar to the lease you would sign if you simply rented your unit from a landlord.

Someone who owns a co-op apartment is both a shareholder in the corporation and at the same time is a leasee of the corporation. The terms "lessee" and "renter" are often interchanged, so you might be referred to as a renter.

To determine if you are a co-op owner or simply renting your apartment, think back to when you first signed a lot of paperwork and received the keys. Was it at a formal closing? Did you take out a mortgage? Did you pay one large sum at the closing or do you pay monthly rent to your landlord? Were you given an original or photocopy of a stock certificate? Do you remember receiving a copy of a thick document titled Offering Plan.

If your answer to these questions is "yes", you are most likely a co-op owner. If all you did was sign a lease and handed over a security deposit you are most likely a renter.

Once you determine what you are, the rest of your questions will fall into place.

Good luck!
--- Steve

Hi,

On the D.O.F. website
https://a836-acris.nyc.gov/DS/DocumentSearch/BBL

Using block: 1177 and lot 1, for your address, it shows some units listed as a co-op, while others as apartment. ???

While renters do not have the same rights as owners,
maintenance issues should absolutely be addressed and resolved.

The Business Corporation Law states Co-Ops are required to hold annuals meetings and have a board of directors.

As a renter, you don not have any rights to vote, however if the management company is not responding to your maintenance needs, you would at least be and to reach out to the board

(602)
"A meeting of shareholders shall be held annually for the election of directors and the transaction of other business on a date fixed by or under the by-laws.  A failure to hold the annual meeting on the date so fixed or to elect a sufficient number of directors to conduct the business of the corporation shall not work a forfeiture or give cause for dissolution of the corporation"

You might try and contact the department of finance for assistance or call 311. I have found Marcel Dixon to be very helpful.

Marcel Dixon
NYC Department of Finance│External Affairs
212-602-7050

DixonM@finance.nyc.gov

I definitely rent my apartment, however, I think the landlord doesn’t have a functioning coop board at the building as everyone is a renter... how do I. Find out which apartment is still under rent control in the building and actually physically go and speak to those tenants to see if they are under rent control

N.Y. Attorney General

https://formsnym.ag.ny.gov/OAGOnlineSubmissionForm/faces/OAGREFHome;jsessionid=y44nathAXmNrxUAjlP9uVF7ZZE0QceOF9WS6_mUsdQQG6bJAjs0z!2126564131

Hope this helps....

https://www.habitatmag.com/Publication-Content/Co-op-Condo-Buyers/2008/2008-December/Renters-Rights-in-Co-op-and-Condo-Apartment-Buildings

Question: Does your renters have a Medical Marijuana card? If yes your board can not say anything nor charge you for odors. Building has a # of odors Like cooking, smoking and painting and construction.
Medical Marijuana (Vaping does not smell ) nor does vaping smoking cigarets I know this for a fact.
Sounds like someone doesn't like your renter. Before you fight this check if they have a medical card. The board can not charge for something that is legal. Good luck and let us know what happens.

In addition to PC #1's good suggestions, I would recommend you check your co-op's House Rules for a no-smoking clause. One might have been added recently, although as a shareholder you should have been notified at the time.

Co-ops and condos must abide by a Warranty of Habitability. This is law which states in effect that in multi-unit buildings, it is the responsibility of the landlord (or co-op board or HOA) to insure each unit is habitable. You should check the Warranty of Habitability for Westchester to understand exactly what it says.

Second-hand smoke of any sort is the major habitability complaint. It sounds like in the building you visited, everyone was cool with the marijuana smoke so no one complained. In the building housing your sublet unit, some shareholders are not so understanding. But they will most likely prevail if this becomes a legal matter.

I don't think you or your sublet are being targeted. The fact your sublet smoked a second time after being warned affects his credibility. If a unit owner once again smells MJ smoke, it is not too difficult for them to arrange with a board member to visit the unit owner's apartment while the MJ odors are present. The board also has the right to enter your sublet's apartment at the same moment in time to sniff for tell-tail traces of MJ smoke.

The best thing you can do is warn your sublet against smoking anything. Period. Then be proactive. Notify the board that if they receive another complaint, you would like a board member to immediately visit your unit to see if any aromas are present. Incense and other aromatics will only decrease credibility further.

Please be aware that I am not an attorney, and what I wrote above is worth what you paid for them.