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Liability of Laundry Room Vendor for DOB Gas Shutdown - H. Jul 18, 2019

If DOB issues violations shutting down the gas supply to laundry room gas dryers, which may
possibly be due to the laundry vendor not complying with City gas installation regulations, can the vendor be vulnerable to civil action to compensate the Coop? The laundry Agreement may be boilerplate.

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Co-Op Abatement and Star - marym Jul 15, 2019

Why do shareholders who get STAR checks directly from NYS (this was implemented a few years ago) get a higher co-op abatement from NYC than those who do not get their STAR checks from NYS. Both types of shareholders have the same size apartments, number of shares and maintenance. Thank you.

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NYC Tax Abatement Not Received - Coop Owner Jul 04, 2019

I informed my managing agent that my coop is my primary residence. However, I never received my rebate for the monthly nyc coop condo assessment.

Managing Agent recently responded I did not return a notarized statement they sent to me a few years ago stating the property was my primary residence, so they did not inform NYC Dept of Finance.

Before they finally informed me of that, I had phone conversations and emails asking why I hadn’t received the rebate, where they never told me about the need for the notarized form. So, I missed out on two years of rebates.

All current communication with the Board and Managing Agent is ignored.

I’m considering small claims court. Any other advice or thoughts would be appreciated.

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Ask management for the form, this time take a copy for your records. Also fill out the NYC abatement form on line. They have 4 different types. I believe it's called the "Star Program" You have to fill this form out every 2 yrs. also keep a copy on file. Good Luck

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I agree with PC’s advice, but I think that the STAR rebate is administered by NYS. I’m out of state now so the info is not in front of me.

You can apply for STAR online. The 4 NYC abatements are Senior Citizen, Real Estate, Veterans, and Disability.

Good luck!

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Hope this site helps you.

https://www1.nyc.gov/site/finance/benefits/landlords-star.page

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it's your job to manage this, not your managing agent's. your board should be able to help keep you informed but ultimately you should be doing this for yourself.

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Accountant who will work with HDFC - Alden Jun 23, 2019

I'm on the board of an HDFC in Brooklyn, and our accountant has completely fallen off the face of the earth for the past year. We're looking for a new accountant or firm that will take on an HDFC. Anyone have one to recommend?

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We’ve used Bill Rank of Bloom & Streit for over 20 years. Honest and smart.

Don’t know if he works with HDFC, but call him at 914-253-8381 to find out.

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Hi, We are an HDFC in Manhattan. We have worked with George Dimov CPA for the past year -- so far so good! He is extremely responsive. You can find him at george@dimovtax.com / (833) 829-1120.

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lets talk fire insurance , what really happens locally - coop fire Jun 22, 2019

Yonkers NY =coop rebuild time =over 2.5 years
Allstate insurance normal coop policy = 1 year relocation max= everybody in the fire building with allstate had this clause
state farm= 1 guy had a 2 year relocation max=
one other family had a cash umbrella limit= probably the best if you review it yearly

remember you have to pay your mortgage while you are unable to use your apartment and paying rent in your temporary 3 year abode.
i always knew about replacement value insurance and carried it, i learned via a friends misfortune with his house fire.

the insurance brokers always tell you , you will be back in in a year, This is untrue in yonkers and probably many areas of NYC.
My journey through this is almost done,

Fire Hydrant are not suppose to freeze not in canada, not in yonkers = Improper maintenance or installation causes this

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Billed legal fees for asking a question - RR401 Jun 06, 2019

I wrote to our board quoting the bylaws that allow me to take a portion of the hallway near my door that no one else can ever use in anyway. The board responded that I can buy it for the same price per Sq ft as apartments in the coop.

Then my next statement showed a charge of $300. When I inquired I was told it was legal fees for researching my question. Can they do that without notifying me that research is necessary and that it will cost me?

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You'll need to check your proprietary lease, but most leases only put the burden of legal fees on the shareholder when the shareholder is in default. Another case: you might reach an agreement to pay the coop's legal fees involving the preparation of a contract to purchase part of the hallway, as you are describing. But getting charged $300 for simply asking a question seems inappropriate to me. You might ask the board to point to the provision in the proprietary lease authorizing this chargeback.

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sale of sponsor unit without notification to shareholders - EW Jun 06, 2019

A shareholder/board member in my coop simultaneously sold her apartment and bought another (bigger) apartment (sponsor unit). The bigger apartment she purchased was one of few apartments that our coop had originally decided to keep for income purposes. I guess the decision to sell a sponsor unit is within the powers of the board, but I thought that when the board decides to sell a sponsor unit, they are supposed to notify ALL shareholders, so that every shareholder has en equal opportunity to buy that apartment. Am I wrong? There also seems to be a conflict of interest when the sponsor unit is sold to a board member.

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Management Derelict In cooperatives Safety - NYC May 29, 2019

We have an exhaust fan in our laundry room with rotating blades  to the street.

There was a screen covering these blades that was recently removed.

We are not a gated community and this poses a danger to humans and animals that might be playing in the area.

Since multiple request to cover the exposed blades have been ignored, are there any laws that require management to replace the protective screen?

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If you are a Coop or Condo your board needs to get a replacement or ask management to find a company that makes the protected cover. If something does happen like a child or adult cuts a hand or finger your building is in for a big law suit. Call 311 if you get no response from your board. Best of Luck.

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Access to Neighbor's Property - marym May 29, 2019

We are about to re-do the entire façade on our 5-story building. On one side is our neighbor’s courtyard and our contractor said he will need access there in order to do the work on that side. Our neighbors haven’t rejected our request outright but say it can’t be done now since their courtyard is used recreationally and they suggest late Fall/Winter. Our contractor has applied for permits and is ready to start now. Is there any legal obligation on our neighbors to provide access? Our contractor’s insurance would name them as additional insured.

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I think there has been a lack of communication and planning on your part. I don't know if your neighbor is legally required to grant you access, but they have told you you can have the access - but it's on their terms.

Your error was in assuming that you could get that access at anytime, but you didn't check with your neighbor to see if that was true.

Since you need them to get the job done, I suggest that you and your contractor adjust your schedules to accommodate your neighbor, whose help you need to do your facade.

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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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you assume all liability for stuff you store in areas in the building (assuming you signed a waiver when you stored a bike). BUT that doesn't absolve the board from keeping the building in good shape. Take pics and involve 311/DOB. this is not legal.

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