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Adding/Removing People from Stock Certificates - Christian Jan 28, 2022

Hey All, we've had two shareholders recently want to add and remove a family member from their stock certificate. In both cases the transfer attorney our co-op employees charged them $5,000. This seems like an outrageous amount of money to me. Our Treasurer who is friendly with the transfer attorney said it was possible that recent changes in how co-op shares are treated for tax purposes may have led to the high bill. But I've been doing research online and cannot find a single article mentioning this change. Is there a validity to this or are our shareholders being gouged.

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toilet backup - dee Jan 25, 2022

Hi There,
If anyone could give some advise..please? Live in a co-op and having an issue with our toilet backing up. It starts off making gurgling sounds when neighbor upstairs flushes his toilet then all this water comes spewing up..just great..we call to tell management. They send the plumber...Plumber snakes the pipe...2 weeks not even ...later gurgling noises again and water spewing ...tell the plumber..comes back snakes it again...not quite 2 weeks and its making same noises etc..I contacted management...their girl in the office starts yelling at me (shareholder) that i the plumber was here twice already and I can't keep calling them to have plumber here to unclog my toilet! What??? Excuse me but first we can't just call the plumber unless it goes through management and the toilet getting clogged is not of my doing?? There is a problem clearly in the sewer pipes is my understanding if when the neighbor flushes my toilet gets backed up.
Management is trying to put the responsibility on me to pay to have this done?? I need to "maintain" my toilet. What?? If the toilet is 7 years old and the toilet isn't the problem its the plumbing.
How do go about getting them to get this resolved? The plumber has been working this property for 30 years and I honestly think he's been just milking this place. He never went upstairs to check neighbors toilet, never went under building to check pipes. My memory plumbers are all over the place checking to see whats going on..

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Hello:

Where is your Super? He should be involved and speaking with the plumber and the management company. You’re right it’s more then snaking. It’s not your responsibility. What happened with your neighbor? Also where is your managing agent. I’m assuming it’s not just whoever answers the phone at the management company. Speak or email the President of the management company and/or Board about the girl being disrespectful to you - the client.

Have you contacted the Board?

Anyone else on the line that has this issue besides two units?

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They let go of the super 2 years ago. We now have no on site maintenance person. They hired someone who quit. Probably due to the board. Someone on the board asked him to stay and he said; "Its not worth it"
The office keeps saying "its only my unit" funny i've seen the plumbers truck here all year in various units in this building and the Duplex behind.
Think they are trying to push the problem ($$$) on me. Yet you can't just call anyone if you wanted too without asking the office first. (which i"m sure you know how that works) I had cleaned out the toilet last night just to make sure no overflow and woke up this am to what must have been the neighbor flushing and now his stuff is filled my toilet this am!
I dont know if I should call the board of health, my neighbor upstairs suggested to call the state..Im trying today to get the management by phone. I emailed them twice yesterday with photos of whats going on and heard nothing back I even took a Video of the toilet backing up after asking the neighbor to flush for me...
Due I threaten to stop making any payments to them and use the $$$ to pay a plumber?? A police report? I dont know but this am I am so upset..this is disgusting..

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Are you friendly with other shareholders who might support your request to the Board? We have an issue in our co-op and I'm basically organizing my neighbors (even though I'm on the Board) to get the old timers to do something about it.

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yes I am...and did get some help..they thought it was terrible no response from management. As you can imagine board members try not to be seen to often unless of course they are looking for a vote..then their knocking at your door..right now they remedied the problem but its going to happen again unless they fix the cause. Maybe if i put an out house on the front lawn they'll wake up..lol

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Nothing worse than a lazy managing agent. Email them saying you give them 24 hours until you call 311.

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i had my finger on the towns board of health..when the plumber called in...of course snaked the toilet again..now they have to get back with a camera and look down there...my guess ...pipe needs replacing..over 60 years old ..Its TIME...then they want to put an access pipe IN MY BATHROOM?? uh ..no that goes on pipe under buidling..talking about cutting through pipe in wall and perhaps making a door to access...crazy..they won't go under building ..why is that?? all that pipe will do is make it so they don't have to lift toilet off...so make my bathroom a mess ...try again..or try fixing the problem with the clogged pipe..

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You should try snaking the vent pipe, sounds like the vent is starving for air with the gurgling sound? I had a problem like this and we found the vent pipe was partially clogged with scale and other items that people throw down the pipe.

Good luck!

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Yes! I have suggested this and it seems the plumber that comes here doesn't even want to go under building to check pipes, upstairs to neighbor whenever it is suggested. I get a "no" when i suggest that the stack pipe may be the problem. I dont understand why?? Any plumber I've ever seen work is checking the whole house when they arrive?? Either this guy is milking the co op by visiting and then "we' the shareholders are getting remarks from management like "you can't keep calling the plumber every time your toilet gets clogged! Later for them...happens again im calling department of health, or the state..

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Proprietary Lease Says Nothing About No Dogs - J Jan 20, 2022

There are no rules in proprietary lease or house rules banning dogs. But me and wife heard there a no dogs allowed and we have not seen any dogs around the property. The shareholders here seem to be in lala land walking around in fear of the board. I We want to get a dog but are trying to figure out how to go about it. The board sucks and have not had any annual shareholders meetings in 2 years. Management said its up to the board on case bases. I think thats b.s. We would like to know would there be any legal ramifications if we get a dog and then we are told to get rid of it?

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No meeting in two years? That is in violation of the lease/by-laws. Covid is not an excuse., They can hold it online now. I would move. Probably your coop sucks.

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If your PL and House Rules don't mention a "no dog" rule, then there isn't a rule banning dogs. I agree that mgt seems to be copping out with the case by case basis.

I would email the Board and cc the Board's atty asking if there is a rule prohibiting non-service dogs and to please provide it for your records. (Service animals must be allowed if medical documentation is provided)

If they can't give you written proof that dogs are not allowed, then you ARE allowed to have them. The email is your paper trail.

Good luck.

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Our co-op doesn't allow animals...yet the board member who interviewed one of our neighbors heard a parrot in her place. lol So, that being said ppl will have an animal. Here if they don't see it or here it they won't complain. We do have someone here who has a small dog and its a therapy dog for their son who is autistic. Well, she was being obvious walking it all around the place and the dog got attention naturally and then it happened...one pain in the neck board member with the big head complained..turns out the woman who has the dog her sister is an attorney went to court and they are still here with dog. So, it is true if the dog is needed as therapy they can get passed the board. Its discrimination if not allowed. I mean what if you have lived in your co-op for years and you go blind and need a seeing eye dog? What are they going to do kick a person out? Don't think so..I would tho if you do get one look into some type of insurance just in case their is an issue and have it trained.

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Can a co-op be Inherited via a will? - Queens Jan 19, 2022

Can I leave my co-op to a friend who is not an owner or on the proprietary lease in my will? The person would not want to live in the co-op, it would be sold.

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I am not a lawyer. My wife practiced Trust & Estates law, and this is from memory of our discussion on this topic.

You can leave your shares in the co-op in your will to anyone. If your Proprietary Lease is the one commonly in use, the person you leave it to will have to undergo the same financial review, interview, and any other activities normally associated with a new purchase. The person is *not* guaranteed the shares will be transferred into their name just because the deceased owner said so.

In your will you might want to direct that the shares be sold by the executor of your estate and the proceeds from the sale given to your friend and not bequest to your friend outright.

Keep in mind that there are overlapping and sometimes contradictory tax consequences in the way your estate is distributed. All of these questions should be answerable by the attorney who is preparing your estate. If you're not using an attorney, whatever will you prepare stands a good chance of being disqualified, at which point the Surrogate's or Probate Court will step in and do what *they* want.

Remember, I Am Not A Lawyer. I was just married to one. You need to seek the advice of a qualified T&E attorney to make sure what you want after you're gone is what will actually take place.

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Thank you Steve. I have an appointment with an attorney next week. Your advice was very informative and helpful.

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Thanks, Queens.

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FYI Steve, I now have a will. It was very easy and the fee was well worth the peace if mind. Thanks again...

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Hi Queens - I'm glad you found the estate planning process to be a positive experience and many bonus points for going to an attorney. :-D

I hope others on this board read your messages and feel a little less anxious about taking the first step.

May you not need probate for a very very long time!
--- Steve

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Mitchell Lama conversion - jerry hackman Jan 15, 2022

I am in the process of trying to convert my Mitchell Lama complex. I have been working on the project for approxim ately 3 years. I have had Town Hall Meetings, notices, direct mailings, and many conversations. Does the new legislation raising the bar to 80% final approval apply to me. I am still working on getting the 50% required in the process? Would I be grandfathered in?

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Language Regarding Minor Children in a Will - marym Jan 13, 2022

I am helping my son and his wife write their Wills. They have minor children and already have a relative who will act as guardian if the parents die. Does anybody have language I can use in the Will for this? Thank you.

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I *strongly* advise you to have a Trust & Estates attorney draft your childrens' Will. I know there are costs involved, but once they are gone, whatever is in their Wills is almost impossible to undo.

My wife was a Trust and Estates partner in a mid-sized law firm. I know how complex and costly some wills can be, but when you're dealing with critical issues like the guardianship of minor children, the language needs to be precise and all the rules and laws followed to the letter. One misstatement, one incorrect condition added or word misused, could turn your childrens' intentions upside-down.

When she would discuss her interesting matters with me she would often muse that she billed the most hours unwinding or recharacterizing wills and other estate documents created by non-T&E attorneys.

If you are a T&E attorney, my apologies for stating the obvious.

--- Steve

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Thank you Steven 424. You always give sound advice.

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You're welcome, Mary

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It is not pertinent to housing.

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e-bikes and the law - DP Jan 10, 2022

Does anyone know the legal status regarding people storing e-bikes (with those flammable batteries!) in their apartment or coop building? I will guess that the law hasn't caught up with this craze, but I'd love any information or direction. Thank you.

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Stock Certificate - Karen Sherlock Jan 08, 2022

My husband passed away. I would like to add my daughter's name to the stock certificate. My daughter lives in our apt and if anything happens to me I would like her to be able to keep the apt. I've been told she has to go before the Co-op Board for approval. She has 2 part time jobs and does not work full-time, but has money in the savings account. Is there a way to get her name on the stock certificate? I don't want her thrown out! I've lived her for 53 years! Thank you.

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Sorry that your husband passed away what you want to do is not uncommon.
If you know the President of the board ask what you're Coop or Condo requires, I can tell you what my Coop does but each one has different procedures.
You can also check your By-Laws to see if they have what you need to know and what to do.
Your daughter might not have to appear before the board, they most likely all know her.
Since it's Sunday you can call your managing agent they may have a copy of the application or it maybe on their website.
Best of luck


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Hello
Can you put that in a will that your apt goes to your daughter and she would be the executive your your will. Also can you gift it to her beforehand?

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You should be able to find the answers to most of your questions in your Proprietary Lease. In the PL for my co-op, paragraph 16(b) states

"16(b) If the Lessee shall die, consent shall not be unreasonably withheld or delayed to an assignment of the lease and shares to a financially responsible member of the Lessee’s family (other than the Lessee’s spouse as to whom no consent is required)."

The key here w/r/t your daughter is the term "unreasonably withheld". Under most circumstances when a person dies, the family member inheriting the co-op is an adult with a sufficient and stable source of income and/or assets. The reason your daughter will probably need to submit a financial package is to make sure she will be able to afford the co-op's maintenance and mortgage payments if there are any. The board wants to avoid the complicated and expensive eviction process if your daughter is chronically delinquent with her maintenance payments.

As PC#1 stated, the best way to make sure there are no succession issues and to get your daughter's name on the stock certificate is an informal conversation with the board president. He'll most likely tell you what could interfere with adding your daughter. If there are any issues, resolving them will make it a quick and simple process.

In a situation like this where the person you want to add is not your spouse (and I am very sorry for your loss) a consult with an attorney who specializes in co-op law will be money well spent.

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Beware. If you give ownership now, and not when you pass away, then she will have to pay a possibly large capital gains when she sells. For an individual 250 k is exempt but over and above that = beware.
maybe you can just add her name to the lease now.
find a smart lawyer.

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Condolences to you regarding your husband. If she has been living there for years I'm sure the neighbors know her as one person here posted and she most likely would not have an issue staying there. That next to her income and being able to pay the taxes,maintenance fees per month would be the boards only concern. Most co-ops don't want a person who would be a problem to them. I named my daughter as beneficiary on my paperwork with the co-op, but ever co-op works differently with that scenario. You may look into that and see if its doable? Best of luck!

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By-Laws - Andre Jan 08, 2022

If the By-laws requires that any notice of resignation of a director must be given in person or by registered or certified mail can a notice of resignation sent by email be valid or not?

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Sponsor apt question - DM Jan 07, 2022

In our case, it is not pre-existing in teh specific apt where a rent-controlled tenant just passed away. The current sponsor/owner (an investor who bought it from the original sponsor) hopes to install a WD before the sale of the apt.Our building prohibits new ones: Can they do this?

I also cannot make sense of the below from a recent article on sponsor apts...?

"No grandfather clause. Sponsors do not need board approval for renovations, so a sponsor-owned apartment might have a washer/dryer in a building that forbids shareholders from installing them. In such cases, says Karen Sonn, a closing attorney with Sonn Associates, “the board will not grandfather that washer/dryer to the next buyer.” Sonn adds that the building’s alteration package or sales package may require the incoming buyer to do upgrades to the electric panel, windows or radiators.

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I doubt I am wrong, but while the sponsor may not have to get Board approval for renovations but they do/should have to abide by the renovation rules and policies.

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