New York's Cooperative and Condominium Community

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Coop serious problem - staff work without permits, etc - DM Dec 15, 2024

It is serious. The board/ managing agent has been notified numerous times and does nothing effective.
The Super and handyman talk residents into hiring their associates or themselves. To save "money" and avoid any alteration agreement. Electric plumbing , etc. Staff often does this work during daytime paid hours.
They also sneak in their "associates."
What can we do? Call 311?

> Join the conversation Comments (1)

* Notify the board's attorney immediately. With the level of malfeasance you're describing I doubt they would be completely in the dark about this. If they are the co-op's attorney of record they will have skin in the game.

* If the co-op's attorney is uncooperative, you and as many other shareholders as possible need to hire your own attorney. The more shareholders you can muster the better.

* Read through your co-op's Bylaws. See what is required to demand a shareholder special meeting to conduct new elections. Write up a one-page flyer describing the problems like you did above and distribute it to all shareholders. Your Bylaws should have the requirements for a legal notification.

* Be prepared for blowback from the board and MA, and possibly the co-op's attorney. It could get nasty.

* Keep a detailed log and paper trail.

* As a last resort, contact the FDNY and DoB. Explain the situation to them and ask what they can do for you. Request official inspections. You might notify the board of your intentions to contact NYC agencies if they don't clean up their act.

* I'm sure there are many other things you should do and I hope others jump in.

* Finally, and I cannot stress this enough, is to hire your own attorney. They will be working for you and not the board, which is an important distinction. Don't do anything without advice from an attorney. You will need legal guidance.

* This could get expensive, which is why I recommend you don't try to go it alone. From what you wrote, your co-op has very serious safety and financial issues that could harm shareholders.

Good luck!

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CPA or tax attorney - Pooh Dec 10, 2024

Our co-op received a large refund using a tax attorney. My concern is why are we using one and he gets 30% ? Shouldn’t our CPA do our taxes correctly? They’re now talking about using the tax attorney again. I’m confused a tax attorney is for legal matters and a CPA is for business . Maybe we need to get a better CPA because tax attorney and others are getting rich from our refunds. Any thoughts? Has anyone experienced this in their co-op?

> Join the conversation Comments (1)

I could be wrong but my guess is that your co-op used a certiorari (tax attorney) who got your co-op a real estate tax reduction rather than an income tax refund.

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Cleaning After Facade Work - Board President Dec 09, 2024

We just finished some facade work and have gotten several complaints about dirty windows. The contractor did protect the windows while work was happening, and they told us they would leave everything clean, but it looks like there was some dust kicked up around the windows that were adjacent to the sidewalk shed.

Now the scaffolding has been removed and management is uninterested in pushing the contractor to perform cleaning, stating that there is nothing in the AIA contract that specifically requires they clean windows. Do most buildings just hire an outside service to clean up after construction work?

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Only 6 Board Members - Pooh Dec 08, 2024

Hi
Just found out we only have 6 board members instead of 7. One person left. Shareholders were not notified. I feel they should have just in case someone wanted to join besides what happens when you vote on something and it’s an even number?

Also hope the management agent is not voting as the 7th person. They’re a vendor.

Your thoughts please

> Join the conversation Comments (1)

Check out your bylaws. There's usually a lower limit to the number board members needed for a meeting to be official. I believe in my co-op the lower limit is 5.

There's no requirement for a board member to be replaced as long as the upper and lower limits are met. Anyone wanting to join the board can stand for election at the next annual shareholder meeting. This is board discretionary.

The MA acting as a voting member of your board is a different matter altogether. I would make your co-op's attorney aware asap so they know. Unless special provisions for this situation have been added to the bylaws, at the very least it's a conflict of interest. I might also render invalid any meeting the MA participated in as a board member. Votes taken at invalid board meetings cannot be enforced. This can leave your board and co-op corporation in a world of hurt. Talk to your attorney as soon as possible

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management companies - DP Dec 07, 2024

Anyone here use Impact Real Estate Management?
TYVM

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Super and handyman renovate coop apts and block Bldg inspectors - DM Dec 05, 2024

All sort of work that normally requires a permit. The coop board and Mngmt are ineffective in managing and preventing this. The doorman blocks building inspectors from inspecting. What can be done?

> Join the conversation Comments (1)

Contact the co-op's attorney IMMEDIATELY and let them know what is going on. You have no idea the amount of physical and financial danger blocking a government inspector can cause. This kind of activity puts the physical structure and the shareholders/renters in imminent danger.

If the board and/or handyman are restricting access my gut tells me they are trying to hide something really serious. Be mindful it could be *your* unit directly above a faulty gas main, and your family seriously injured or killed.

The life you save may be your own.

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Carpet cleaning - Bob B JR Nov 22, 2024

Hi question about carpet cleaning but more how to handle a hostile board chairman. The co-op carpet hasn’t been cleaned in a year and a half after the board promising 2 years ago that it would be cleaned yearly. Several of my fellow shareholders have contacted the board to ask when they were planning on cleaning the carpet, we have our own large industrial steam cleaner. They never heard back so I sent my own email. The board chairman got back to me telling me that they don’t want want to clean it because it’s 15 years old and disintegrating and cleaning it will make it worse. It’s not and in great shape. He also said they might replace it at some point next year. This board is crazy about spending money on things they don’t need to. I’ve owned 2 multi family homes and had industrial carpeting like this in the common areas for over 40 so I know this isn’t true I even Googled it so I know he’s wrong. In his last email to me he told me if I didn’t like the decision that there are plenty of other apartment buildings out there I should think about moving to. We’ve all emailed him at the board email address but he responds on his personal email so that none of the other board members can see what he’s saying.
Any suggestions as to what to do?

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Door mats in coop - Diane Nov 12, 2024

I reside in a large 3 bedroom coop apt on the lower level. My apt; is in a corner down a long hallway away from any other apts. Entrance to hallway also incudes an outside door leading to the driveway is aways dirty; As owning homes & always had doormats I placed one in front of my doorway to prevent bring dirt onto my wooden floors. I did this because the dirt out along the carpet has actually led to front prints on my inside apt floors. The carpet out in the hallway is always dusty & dirty and doesn't appear to be vacuumed as what is done with upper hallways;
Being refused a doormat is on heard off for me; I don't want to be bringing dirt into my apt;

> Join the conversation Comments (1)

Just put one out. Make sure it is not too thick. Many man many fancy coops (of the classy pre-war type) have apartments with doormats in the halls. Just do it.

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Sponsor Rights - mr.gardenz Oct 20, 2024

If a shareholder is a Holder of Unsold Shares with Sponsor Rights but is not the Sponsor:
1. Can the Shareholder sell the apartment to a Purchaser who intends to live in the apartment without Board approval?
2. Can the Shareholder with Sponsor Rights transfer the Sponsor Rights to a Prospective Purchaser who does not intend to
live in the apartment but intends to lease the apartment as an investment unit?

Please advise.

> Join the conversation Comments (1)

Contact an attorney, pronto. You are asking very complex legal questions which may have very precise and limited responses. Do you want to jeopardize any of your current and future prerogatives to as a few dollars?

Always remember that every bit of legal advice you receive in these forums is worth precisely what you paid for it.

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> Join the conversation Comments (1)

Sponsor RightsOct 20, 2024
If a shareholder is a Holder of Unsold Shares with Sponsor Rights but is not the Sponsor:
1. Can the Shareholder sell the apartment to a Purchaser who intends to live in the apartment without Board approval?

Yes, the Holder of Unsold Shares w/ Sponsor Rights may sell to a purchaser who intends to live in the unit without Board Approval (its one of the perks) - but that transaction is beholden to the Martin Act as a securities transaction.


2. Can the Shareholder with Sponsor Rights transfer the Sponsor Rights to a Prospective Purchaser who does not intend to
live in the apartment but intends to lease the apartment as an investment unit?

No, it usually ends with them, but it depends on the terms of the original sale/transfer from the original sponsor and what entitlements the original sponsor retained after the original transaction. I also depends on if the original sponsor puts his sponsorship in trust and the type of trust.

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Property Manager failing to provide 2022-2023 Financial Statements - Julie Oct 16, 2024

Hello!

I own an apartment in one of the coop buildings in Brooklyn and I am trying to sell my apartment for a few months already. As a result of the cooperative property management company failing to provide the bank with the required documentation, my buyers are not being approved for mortgages by the second bank. The management company has not provided the financials or tax returns for the year 2022-2023.

Despite asking for these for months already, they continue to state that their CPA is still working on finalizing them.

How normal is this? We are not only forced to continue paying maintenance and other fees for a unit we are no longer occupying, but also risk losing the sale as a result.

It would be greatly appreciated if you could provide me with some advice.

> Join the conversation Comments (1)

Probably the easiest way to deal with this is to let your seller's attorney know about the problems you are encountering and let them dea with it. They probably run into these issues quite often and are trained with how to handle them. Your attorney also has the resources to move things along.

Good luck.

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