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

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!

Hope this site helps you.

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

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.

I don’t believe the writer’s question was answered. He lost 2 years of the abatement and how does he reclaim it? He wrote “I’m considering small claims court.” Indicates he is seeking the abatement he is entitled to.
1) Would the writer succeed if they were to go to small claims court?
2) What recourses does the writer have to reclaim their lost abatement?
3) When a person purchases their first coop, how and who is responsible to advise the new coop owner of the abatement paperwork?
The answer: “it's your job to manage this, not your managing agent's … you should be doing this for yourself” is just too severe and judgmental and unhelpful, please read on:
When I purchased my first and only coop, I was never informed of the Abatement by NYS, NYC, at the closing or by the Management or my lawyer. Four years later in a brief talk with a neighbor I learned about the abatement.
It was the Management Company who gave me the paperwork (the Mgmt Company is owned by the Sponsor, who is also the Board’s Vice-President and whose employee is the Board Secretary) the aforementioned have been controlling an entrenched board and running this coop for 15+ years, so with those facts now known, the Management, Sponsor, Vice-President and Secretary MUST know about the abatement paperwork.
4) Since I did receive the paperwork from the Management, would you agree they are at fault? They did say in an email “there is nothing they can do about it now”.
5) If, yes, Management is responsible, how do I proceed, do I go to small claims court or do I try to make a claim on their ‘error and omissions’ policy and how would I do that?
6) Would I be entitled to interest on the abatement should I proceed with small claims court?
Thank you for your assistance.

According to the article on the below link, it seems like it is the responsibility of the manager and board to notify and keep shareholders appraised of Star benefits and Co-op abatement but basically your responsibility as well.

I had a similar situation and contacted the D.O.F. via email. once I had all documentation and my concerns were still not being addressed by management, I contacted my councilman. I was given a direct telephone number to D.O.F. who stepped in and helped resolve the issue.

sounds like it is your word against theirs.

You should have a consultation with an attorney on what is your best action on this matter.


https://cooperator.com/article/star-on-the-rise/full

I don't see how you can collect from DOF for past 2 years when they never received the proper documentation from your management company or you never attempted to contact them, however there might be others in your community who have the same situation. you might be able to help them as well as yourself and also point out your management company and board were derelict in their responsibilities to act in the best interest of the co-op and its shareholders.

Regarding the comment: "...proper documentation from your management company or you never attempted to contact them"
What must be heard is: "First Time Coop Owner" when you are a First Time Coop Owner a person cannot inquire about Abatements when they do not know such exists in the first place. In my coop there is no 'community' solidarity, which is another problem. It is the Managing Agent who receives the abatement in a lump sum, right? It is the Managing Agent who is aware of New Owners, seems to be the Managing Agent should be responsible for reimbursing New Owners either from their "error and omissions" insurance or out of their management fee.

why not respond to the question without being judgemental towards other's comments...

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.

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.

In addition to the relocation issue, I learned, after my neighbor's fire that my replacement coverage didn't apply. My clothes could be cleaned... at a cost 3× the cost of replacing them. Many other items, too. It seems the insurance company doesn't weigh the options to see which is less expensive. As a result, I couldn't afford to have everything in my apartment cleaned (rugs, art, ...). I should've had at least double the personal property coverage.

I do now....

I'm sorry that you had to go through this terrible ordeal. But, thank you for giving us the benefit of your experience and information. Much appreciated.

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.

While I don't have an straight answer to your question I would like to share what happens in my coop --the Sponsor puts his apartments up for sale at a high price resulting in no purchase and then he rents them. He never announces to the Board or to Owners that a unit has been vacated by the non-eviction tenant. Also I do not believe it is the Board who has power to decide what happens to a Sponsor Unit or who the Sponsor sell his unit to, for this you must consult your Offering Plan for the rules about selling non-eviction tenant units. In my coop the rule is the Sponsor must sell the unit upon the death or voluntary move out of the Non-eviction tenant. The OP does not state the Sponsor must first offer the Unit to the Board or an Owner first, there is no Right of First Refusal in my coop

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.

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.

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.

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.

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.

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!

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.

We suggest that you collect the proxies from your neighbors. You can bring those to the meeting and vote on your nominees. Feel free to call if you want to discuss 917.648.8151

yes i remember when our board pulled the same thing, the trouble is too many shareholders do not realize what the board is doing and that it is not proper .

remember the last dated proxy is the only one that counts. So you can knock on your neighbors door , explain what the board is doing, ask them to sign a new proxy with a later date. If their proxy (board)has the correct info , you can copy it and use it for your use, the later proxy is the only one that counts.
some boards playing this game tell the shareholder to leave the date blank, and here is where you need a real lawyer to speak up.

Get a lawyer to advise you. Best of Luck