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Co-op Meeting - Ellen Fahey Feb 04, 2009


We have a meeting this week regarding the vote on an issue that I can't seem to rap my head around. It is a small co-op in Westchester, PA. An older gentleman who lives on the first floor took off his dropped ceiling and exposed the beams in his apartment. The results are beautiful and there are other apartment owners that want to do the same. members of the board want to charge for owners who expose this area because they claim that the owners are now occupying more area space. They taking common area between apartments and now claiming it as their own. Any thoughts? How would you even figure out a formula for this? Any help would be much appreciated.

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The idea of charging more sounds ridiculous!

The space occupied by the individual is the surface area. This happens to be the same no matter how you slice it.
My only contention is, I hope those with exposed beams do not start complaning of more noise and dust coming from the unit above.

Good luck!

AdC

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My only concern was the one raised earlier: if this shareholder will now have more area (cubic feet) to heat, all shareholders will be paying to pump more heat into that one apartment. Fuel prices are low this winter (compared to last year, anyway) but don't count on them staying low.

If the ceiling the shareholder wants to remove/adjust is original to the building, then I think it's fair to ask them to pay more.

Two corrections need to be made to earlier posts. Sherman asks if shareholders don't own their apartments "slab to slab." The answer is no, shareholders do not own property. They own stock in a corporation; those shares give stockholders the right to occupy an apartment, but the apartment itself belongs to the corporation.

Second, if we're referring to the maintenance fee, shareholders are not charged by square feet. The size of an apt is certainly part of the formula, but it also includes such things as the number of bathrooms, and which floor it's on.

Intangibles count too, like how nice the view is. Think of it this way -- if Apt 12A and 12B both have 1,100 square feet, four rooms, one bathroom and the same view, would they both have the same number of shares if 12B had 20-foot ceilings while 12A had 9-foot ceilings? Clearly, the apartments aren't the same even though the "footprint" is the same.

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Did the shareholder in question ever requested authorization from the Board to do the type of work described? As AR mentioned before, would the removal of the ceiling violate any code. If the apartment is sold would the co-op insist on re-installing the ceiling or would the new shareholder assume the responsibility for any issues pertaning to the removal of the ceiling.

Regarding your heating of the extra space, I would not think this would be a great issue, specially being on the first floor. Yes, heat rises and the living space may be cooler than the exposed beams. But the space gained may not be more than a 10" to 12". I also assume that the shareholder did not expose all beams in the rooms and the entire length of the beams, but certain rooms and areas to avoid exposure of heating distribution pipes (which could contain asbestos) and electrical wire conduits that may be part of the structure.

As AR states, charging more for the apartment means issuing more shares for the apartment and this would be a great ordeal. Finally, this is the type of work that the Board should review and ask the questions before providing authorizing similar work n to avoid after the fact questions.

AdC


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Ridiculous on the face of it - check your Proprietary Lease.
People are charged for square footage, not cubic footage; raising maintenance fees for people who take off a ceiling to get more cubic footage would be charging them more for having the same space!

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While a lot depends on the language of the lease, original construction details of the co-op are critical. For example, are ANY utilities now exposed that had been concealed by the drop ceiling? Air supply or return ducts, plumbing pipes, electric conduit, etc? If so, this was a working plenum space, & the owner did, indeed, annex common area. If no utilities are found, it's possible drop ceilings were added after construction, & any owner removing now is simply reclaiming space that's already theirs.

There's little question that an apartment with 9' floor-to-ceiling height would have greater value than the same apartment with 8' ceilings, just as the same apartment on a higher floor or with other amenities is typically worth more. It doesn't seem unreasonable for the Board to consider this question.

However, the simple & equitable solution would be for the Board to declare that all owners have the right to utilize this "newly discovered" plenum space, provided that they acquire permission & follow all proper procedures for having the work done.

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I know this isn't comparable, but ...
In my (old) building with a sloping roof, a top-floor shareholder wanted to remove his ceiling eliminating the space between it and the underside of the roof, which would have raised the height of his ceiling to over 10 feet at its highest point. The board refused its permission to do so. The board members didn't agree on a single reason. My concern was that with that much more cubic volume in the space, the existing supply of heat would not sufficiently warm the apartment, especially since it was right under the roof, and we'd get complaints that his apartment wasn't warm enough.

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Bingo! You put your finger on a very important issue, that is, space volume and sufficient heat. We have two units with 12 foot ceilings in our building, They have always been cold, but it's gotten worse as the windows age. Our engineer did a calculation and they were 5,000 BTUs short of having sufficient radiation to heat the place. Corp had to install larger radiators. Some SHs on other floors are considering opening up their ceiling for aesthetics and we may have them sign an alteration agreement saying they do this at their own risk and if their heating fails, they have to upgrade radiators on their own.

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Folks,

Does not a shareholder own the apartment slab to slab and wall to wall? The co-op owns inside the wall and the owner owns the paint and outward, to over simplify.

But, the shares are typically allocated based on floor size within the unit as bounded by the walls regardless if useable or not, e.g.: walls and columns are not subtracted from the square foot calculation and the elevation, floor within a building, e.g.: higher equals more shares.

A unit owner is thus not encumbered in modifying an apartment save with the provisions of the bylaws and house rules. As for charging more for “improvements”, in this case removing a drop ceiling, it is out of the question and just a bit incredulous.

But, if the dropped ceiling is used as a fire break or sound buffer, then the corporation can assert that the drop ceiling cannot be removed. This is the corporation’s only recourse.



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We don't know what "slab to slab" means at this building. IF the dropped ceiling defines a working plenum, then the shareholder's space likely begins with the paint on the underside of that sheetrock, while the corporation owns the plenum. This detail is critical.

The larger point is that dealing with each apartment case-by-case would be as silly as trying to increase the % of building maintenance paid by those with a little extra headroom. Make a building-wide decision to allow, then move on.

Given that attention is paid--as has been rightly pointed out by others--to issues of adequate heat, noise, etc., then no shareholder will be measurably inconvenienced or financially burdened by anyone's individual ceiling choice.

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Slab to slab or slab to "drop ceiling" ----
Who is responsible for the drop ceiling?

Is it the corporation? If yes, then the resident may not remove/alter without permission and stipulations.

Is it the shareholder? If yes, then this is a simple alteration within a unit and most often, the corporation is not involved save to ensure that insured and licensed contractors perform the work.

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Hi, Sherman,

As someone in the real estate business, I feel obligated to point out a common error you made. A Co-op owner does not, in fact, own any part of his/her apartment (not counting the furnishings, of course).

When you buy into a co-op you buy shares in a corporation. The corporation owns the building and all the apartments in it. Your shares grant you the right to live in one of the apartments as long as you sign the lease (that's the proprietary lease).

Since co-op shareholders don't own their apartments, the corporation determines which alterations are made and under what circumstances.

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It is important to note with this information you have provided that while the Co-op (or higher governing Corporation as is in some cases) owns the building in entirety, the resident Shareholder has purchased shares entitling them to a long term, almost perpetual Proprietary Lease Agreement for use and occupancy of a specified area, which clearly states and defines the area that the resident shareholder is leasing and responsible for. The borders of this Leased area, which is typically plaster to plaster on a horizontal level and flooring substrate to plaster on a vertical plane (making no mention here of elec, plumbing, etc.).

Consequently, the Co-op would either have to amend the particular lease to include the given areas, which would then require a reallocation of shares, maintenance, etc.. and is more trouble than it is worth for a small indenture as this, or it may sell permanent usage/easement to the Leaseholder for a single payment with no share allocation. This is usually the best way to go, and is typical of may similar situations we have done.

Notwithstanding the aforesaid, I am still somewhat opposed to this particular idea because of the liability concerns and potential future problems that are sure to arise. Good Luck.

~AR

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Allot of good insight from others here.
A couple of thoughts…
Who keeps the long term liability? I would only add that the Board should seek some form of indemnification from the shareholder. It would have to be treated on the level of performing your own plumbing alterations within the wall.. the SH now owns it and all issues arising as a result of the alteration.

With regard to the financial remuneration, for what they will get, it is probably best to forgo it and limit their liability as much as possible by simply permitting the alteration with an indemnification and full understanding by the SH that they may be required to restore it back to its original condition should it create a problem, in any of the mentioned areas ort be some violation of building or fire code, etc..

Also word into the agreement that “… permission does not constitute legitimacy of any kind… it is the SH sole responsibility to ensure that this alteration is compliant with all state, city and local building codes, etc…” or something to that effect.

~AR

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Ellen, I've found a Habitat article about this very thing. You might want to check out "Your Ceiling -- Or IS It?" at

http://habitatmag.com/publication_content/habitat_s_purchasing_primer_news_for_new_buyers/your_ceiling_or_is_it

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Shopping carts; just a recommendation - Sam Jan 28, 2009


Folks,
With 505 units, we needed our own shopping carts so that residents could convey their shopping bags from the entry door to their apartments. Of importance, we did not want metal carts as these would scratch the elevator interior and would be noisy.

I did some searches and found this site www.plasti-cart.com. We purchased a number of Classic carts. Unfortunately, while they manufacture a smaller all-plastic cart sold via their firm in other countries, they do not make the smaller cart available in the US.

Yes, a bit of a commercial (I don't benefit), but I thought I would pass this to folks as we have been 100% satisfied and our residents have all had positive comments.

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Increasing Mortgages to offset rapid Property Tax increases - Frederick Doner Jan 26, 2009


Is any co-op or condo in New York increasing their mortgage in order to pay the steep increase in NYS/NYC real estate taxes caused by the rapid escalation of building valuations? I know all of us are trying to roll back the increases by appealing to the city, and there is some success, but with valuations going up 2-3 times and taxes more than doubling, there is consideration of reducing the burden on individual shareholders by borrowing to mitigate and slow down the rate of maintenance increases caused by the tax increase. How is your co-op coping with this problem?

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Operating expenses are never to be funded by a mortgage. It is a death spiral.

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I completely agree with Jake. As difficult as it is, you must raise the necessary funds for your taxes and all other operating expenses through your maintenance or other sources of income that your building may have. At the same time make sure that you have engaged with a Certiorari attorney to protest your valuation on an ongoing basis.

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WAB and JAKE,
Thank you for your response. Very helpful. I will pass it on to other board members. Best, FD

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You might as well finance your electric and fuel bills for the next 10 years also and eventually the debt burden will be so great that the value of the apartment will drop to next to nothing and you will be struggling to pay a 25,000 per month maintenance bill on your apartment...

Sounds almost like the United States budgeting practices that put us all in the spot we are in...

Not beating a dead horse here, but.. Don't do it!

~AR

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Evac Chair - Scott Jan 26, 2009


The chair is a great product!!! We have it @ our office and have always use it in fire drills for all potential emergency evacuations.

I never new it was in the World Trade Center and saved a handicapped person until I saw this link.

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we have these in our building-During a power outage a wife brought her husband down in the chair. He had recent knee surgery and could not walk the stairs. Great item to have even if its not a matter of life and death!

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...and other interesting things are all the time in the Previous New Products section. We love it! We get ideas from it.

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allocating property tax refunds in a condo - C/CS Jan 22, 2009


A condo board typically hires a tax certiorari atty on behalf of the building. On securing a reduction, each individual owner's tax bills--going forward--drop proportionately. That situation's easy.

What should happen when the process generates refunds (as opposed to reductions in rate) is not so clear. I've heard of refunds being deposited straight to building reserves, in which case owners benefit in direct proportion to their unit ownership. I’ve also heard of refunds disbursed (or credited) to individual owners, based on their actual taxes paid. These 2 methods do NOT yield the same results.

Some owners have STAR, SCHE, &/or DHE exemptions, some do not; those with exemptions might get a bigger chunk of refunds when deposited to reserves than if credited by unit. In any contribution to reserves, a condo unit owned by a nonprofit corporation benefits the same as a resident owner…though the nonprofit owner has paid no property tax at all. And, there are always new purchasers, who may be receiving refunds actually due to prior owners (not a problem for the condo board either way, but possibly different consequences for the new owners if they get a cash refund as opposed to a portion of a reserve contribution).

In refunding directly to owners, the substantial headache of determining actual taxes paid on each unit--so that direct disbursement or credit is correctly allocated--should not be discounted. Will this process be reliably accurate? Should it be transparent, with results published or available to all owners?

Relevant laws are not likely ambiguous on this point, & I suspect only 1 of these methods is proper. However, I’ve been unable to get a coherent/consistent answer from NYC/NYS, & can find no precedent.

I ask forum readers to indicate: How have refunds been processed in your building?

A) proportionately distributed (eg: straight to reserves), or

B) direct to owners (via cash or a credit, based on their individual tax payment history)

If anyone finds an appropriate legal citation, that would be most welcome. (Note I said citation, not opinion; the fact that some buildings take each route indicates that each method is advised by at least some attorneys.)

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There's a whole article specifically about tax-commission assessment reductions here on this site.

Go to http://www.habitatmag.com/publication_content/2009_january/web_exclusive_adaptations/tax_appeals_for_condos_specifically

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I read this article (& the related pieces in this month’s Habitat) before posting my question. If there are answers here, I can’t find them.

The closest thing to relevant advice is in the Editor’s Note, where a Board is cautioned to “insulate itself from any controversy between current and former owners” & to “consult with your attorney about how to deal with this.” I had pointed out this potential problem...but it’s a peripheral concern.

The basic question is how to properly allocate a Board-negotiated, building-wide cash refund of property taxes. I believe a straightforward answer exists, but have not seen the question addressed in any of numerous publications about the tax certiorari process.

I do not think this is a matter which should require legal consultation, 1 property at a time.

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It sounds as though your question IS a straightforward one: how to allocate a refund of taxes paid, by the corporation on behalf of all Shareholders, on an equitable basis. Since payment of taxes is done by the corporation, and could be allocated on a per-share basis to begin with, it would seem that refunding them on a per-share basis would be the fairest way.

For example, if you have 27,000 shares and your refund is $27,000, $1 per share would be allocated; a Shareholder having 600 shares would receive a $600 share of the refund.

While I agree that legal counsel (and its fees) isn't needed here, the Board might like to rethink the refund... that $27,000 would go a long way toward ameliorating the cost of a needed elevator upgrade, for example, or could earn substantial income if deposited with reserves.

Hope this was helpful.

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Thanks, RLM, but as you'll note in my response to Harvey, payment of taxes in condos is NOT done by the corporation, but by the individual apartment owners. The owners do, however, typically grant the Board [via the By-Laws] the power to hire counsel & pursue tax certiorari appeals on behalf of the collective owners.

While it may, indeed, be tempting for an Association to apply refunds toward capital projects, doing so would amount to an allocation by ownership shares...which probably won't be in proportion to the way the taxes were paid.

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I misread this as a co-op....

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While I am in a coop and each unit has an allocation of shares representing both the unit and the common areas, I am ignorant as to how condos allocate common charges. Perhaps, any tax rebate should be allocated or pro rated in the same manner, e.g.: the percentages used to apportion common charges.

We are working towards converting from coop to condo and I know we plan to retain the shares per unit as the medium for allocating common charges.

This article gives us some food for thought.

Thanks all.

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Thanks, Harvey, but condos are fundamentally different in that each apartment is a taxable piece of real property. The building doesn't pay tax on the residential units--it's paid by the individual owner-occupants [or investors].

Allocation by ownership shares would not return tax monies in proportion to the way they were originally paid.

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Have you consulted with the condo accountant as to the way it should be distributed?

I think you have the right idea when you state the following:

In refunding directly to owners, the substantial headache of determining actual taxes paid on each unit--so that direct disbursement or credit is correctly allocated--should not be discounted. Will this process be reliably accurate? Should it be transparent, with results published or available to all owners?

However, more than taxes paid which may be abated by any of the programs, you should ook into the assessed value of each unit so that you may come up with the right amounts per unit.

AdC

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This is not 1 building, but many. There are accountants in each camp; some must be wrong.

As for assessed value: let's say you & your neighbor have identical apartments. Your neighbor is elderly, disabled, & a permanent resident, meaning he receives STAR & other tax breaks. It's your 2nd home, & you're young & healthy...you have no abatements.

The condo negotiates a tax refund which works out to $1,000 for your unit. Adjusted proportionally for the lower taxes your neighbor actually paid, he would get $650. Do you think it's fair, then, for him to get the full $1,000, based on assessment alone?

What if your neighbor is a diplomat, or if the unit is owned by a nonprofit to house staff or guests...or as an office? They've paid no taxes--should they get a refund?

Multiply by, in some cases, hundreds of units in a building, & it can get complicated. Plus, some of the disparities can be quite sizable.

It would be nice to see a knowledgeable atty or accountant weigh in on this one.

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It seems that you argue that those who get STAR, and other exemptions are not entitled to obtain their portion of the tax certiorari. Unfortunately, I disagree; if the unit were to change hands and all of those exemptions were gone, the assessed value of the units would remain the same. Your arguments seem to say that, because some people had no exemptions, you are in the obligation to compensate them for their lack of exemption by giving more to them through the tax certiorari refund. You seem to forget that a tax certiorari takes into account the overall assessed value of the property by compared to other property situated in your area.

Well, those who got STAR declared on their IRS forms the money advanced to them in the case of a shareholder. I guess in a condo as well as in a house, the owner only declared their discounted portion to the IRS as their tax burden. Consequently, those with less exemptions or none, delcared their larger payments of taxes as part of their IRS form.

Non-profits pay taxes for property, properties owned by a diplomat as a private citizen of a foreign country may pay taxes; however, the person may not pay income taxes and as a diplomat may enjoy inmunities of several nature. Now, property owned by a foreign country for the purpose of establishing an embassy may be another question. I don't think a residential building has to worry of an embassy in their apartments.

Consequently, consult the tax accountant and get guidelines that are unbiased when distributing the gelt.

AdC


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I agree with much of your analysis, AdC: assessed value does not change, whether or not abatements are in place. When rate reductions are negotiated, all units benefit going forward from proportionately lower assessments...whether or not their taxes are paid fully, or reduced.

Refunds, however, are intended to return a portion of taxes paid to those who actually paid them. That's why a multi-year tax refund raises interesting practical & ethical questions for an owner who purchased mid-term; as discussed earlier, the issue of whether to share with the seller is best left to the individual owner, his attorney, & his conscience. Where abatements are concerned, however, the questions are much broader, more complex, & must be made building-wide by the Board.

Tax cert attorneys negotiate a lump-sum settlement for a building, based on what the unit owners collectively paid for the period in question. When the Board slices this pie, an equal portion given to owners who paid reduced tax for that period amounts to a WINDFALL, & it comes at the expense of their neighbors. Most owners I know, in most buildings I see, would not consider this fair.

You’re correct that all owners must declare to the IRS taxes refunded…just as they originally deducted taxes paid; this is true regardless of the absolute amount or proportional allocation. And you’re right that tax certiorari considers overall assessed value by comparing to like properties…but that comparison presumes a predictable mix of abatements in other buildings; at the macro level, there’s no discrepancy or problem. It’s when considering individual apartments--which a Board allocating refund monies must do--that inequities arise.

I maintain that Boards which decide to dump refunds into their capital reserves are delivering a windfall to some owners at the expense of others…& that allocating refunds fairly, apartment-by-apartment, is a thorny & difficult task. I remind you that I’ve seen diametrically opposed opinions from tax accountants for buildings in similar circumstances. They can’t all be right.

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Depending on the size of the tax refund that you got under the tax certiari, the work seems to call for tons of recalculations that might not provide the expected rewards or great difference in refunds between those with abatements and the have nots. You may wish to investigate with one apartment with many abatements and find out how much such an apartment would differ from one with no abatements. If the jobs is worth it, then roll up your sleeves and prepare to work for several nights. This will get you the perfect distribution.

AdC


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1--In one building I'm looking at, the refund is 6 figures...not small change, even when split among many apartments.

2--No question, it would take a lot of work to get this right.

3--As to whether it's "worth it," how could you or I--or any elected Board member--legitimately make that call for individual unit owners, all of whom have the right to be treated equitably?

This is why it's such a thorny question.

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NYSERDA Energy Audit Partners - Jonathan Jan 22, 2009


Would like to find someone who has gotten the NYSERDA Energy audit done and can tell us about the partner they chose and why they chose them.

TIA

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We signed a contract with a "partner" ten weeks ago and are still waiting for them to do the audit and for the state to approve our application. Are these delays normal? I mean, the government moves at the pace of molasses, but shouldn't a private partner be able to send out an engineer in less time than a fiscal quarter?

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Can/will you say who the partner is? Or e-mail me off line if you don't want to be so jeeptop2000 at yahoo dot com

Yes I agree that is awhile but they say they are busy especially seince NYSERDA is putting a floor on the loan buy downs

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tax review delay - anyone else? - sally Jan 21, 2009


our board is claiming we cannot get the tax review on the docket until 2011. How is this possible and does it make sense? are other coops experiencing such a back-up? should this not be done on an annual basis and does this possibly mean they have not been doing it for the last few years? any input welcome. thanks

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If you're referring to an increased tax assessment from the city for the value of your co-op (and I'm not certain if you are) then
... these appeals take at least a year if not longer. So even if 2011 is on the outside of the envelope, it's not unheard of. Thre's a saying: "The wheels of justice grind slowly."
... the city re-figures your assessed value every few years, not every year, so in those years when nothing changes, there's nothing to appeal.
If this isn't what you're referring to please clarify.

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this is what I am referrring to - the assessment that is effected by the new tax increase. they are claiming it has gone up and that the review will not get "on the docket" until 201 but that it must be paid asap. in the meantime, how much has heating fuel gone down?

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Ah -- no, the seven percent tax increase, unlike your assessed value, cannot be appealed (except through the city council) (There's another saying: You can't fight city hall). I don't know what you mean by getting a review on the docket until 201. The rate increase is not an issue for the courts.

And yes, the bill must be paid when it's due. Just the same as when ConEd increases your electricity rate: you have to pay it when the bill comes.

Oil prices are down but how much depends on the kind of oil you're referring to. The price you read about in the newspapers is crude oil: the unrefined stuff that is turned into (or "refined" into) the kind used for heating oil or gasoline. Just as there are different grades of gasoline (regular, super, premium), there are different grades for boilers. So you'll have to find out what kind your boiler burns (typically either No. 2 or No. 6, but there are others). Once you know what you're looking for you can find the answer yourself, if you have access to the Internet (which I suppose you do since you're posting here!) on a commodities web site.

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I d mean the assessed value. thanks for clarification. we are disputing the assessed value via and attorney. heating oil is no. 6.

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The buyer who won't go away - BP Jan 21, 2009


I have a question for a friend who's a coop board president but not in this area. She and her fellow BMs are at their wit's end.

Last October they rejected a very poor sale package. The applicant sent letters to mgmt asking the board to reconsider. They still said no. He found out who the BMs are and put letters under their doors. The bldg has no doorman so he probably rings bells and people buzz him in. He returned during the holidays and knocked on BMs' doors. They told him to stop harassing them. The apt seller says she has no contact with that man at this point. Now he waits outside the bldg hoping to catch the BMs going in or out.

My friend says he's just very persistent, not scary or violent, and keeps saying he loves the bldg and will be a good owner. The police told the board they can't respond unless he does something dangerous or illegal. The board applied for a restraining order and it was denied for "lack of necessity." (??)

One BM has an unlisted phone number and one only has a cell phone, but now the others are getting calls from this man.

The coop has an attorney but they only use him on an as-needed basis. I told my friend they need legal help on this, but she says coop funds are low and the board doesn't want to waste money on legal fees to deal with someone who isn't even an owner.

Anyone have any suggestions on what the board should do next?

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This is clearly a case where the lawyer should be contacted. The guy may appear pleasant and demure, but he's already harassing people on the phone and trespassing on your property. Don't assume he'll go away quietly. If nothing else he's demonstrating that he is not the kind of person you want as a neighbor.

Your lawyer can write a letter to his lawyer (the one who represented him in the purchase application), which will a) embarrass him and b) cause him to realize he may have to pay legal fees if he continues.

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Security Survellience on a Budget - BN Jan 19, 2009


We are a small building and have recently had a rash of vandalism within building that coincides with the arrival of a new troublesome shareholder.Of course, we need proof should any further damages occur.We've had a couple of security companies on site to recommend hidden cameras and recording DVDs for the vulnerable common areas. It seems very expensive-we're told $1200 for a 4-camera recorder and then the cameras, installation etc. We don't have the money for this but the damages we'll sustain from this SH can be considerable. Anyone have any grassroots ideas for security camera/s that maybe we can do ourselves? Thanks!

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May I suggest a PC with a large hard drive (used PC is OK, but a very large hard drive and a DVD burner is a must) and a wireless connection to four five or six wireless PZT webcams. Yes, you will need a small battery/UPS to avoid outages during electrical hits, etc.

And you will need software to capture and retain the images, e.g. one frame every five seconds or only as the image changes. There is free or inexpensive software available:
http://www.freedownloadscenter.com/Search/newsearch.php3?S_S=webcam+capture&image.x=15&image.y=14

http://www.canadiancontent.net/tech/downloads/Video-Capture-Programs.html


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Sorry, I neglected to include my name.

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Thnaks, Bill. May I contact you directly with a few specific questions regarding your great suggestion? If not, wondering if the webcam needs to be visible or if there is a type that can be concealed or is concealed already. The distance it would be from PC is about 15-20 feet and there is one wall/door the signal would have to pass through. IS that feasible for the type of system you describe? Thanks again.

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what is the resident doing exactly?

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Gluing locks, urinating, and seems to be ramping up activity.

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this sounds a little vague. what locks are they gluing and why? what is ramping up activity? who is telling you that someone is doing this and does the informer have their own agenda that they might be defaming a resident? sometimes things are not as one-sided as they seem.

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Taking newspapers from in front of other shareholder's doors,SHs report clothing,disappearing from from the common laundry machines,bicycle storage room being breached.

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Was this person someone who just bought into your co-op, or the partner of someone who is currently residing? And if they just bought, did you guys vet him/her?

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Not at liberty to say at this point. Sorry.

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It's worth the cost. With someone gluing locks and "escalating," you'll quickly pay $1200 for repairs anyway. Video evidence will be useful in any legal proceedings (including eviction). And once he's gone you'll still have a way to protect people's safety.

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I've found there are always interesting items in the New Products section on the Habitat front page. Even the stuff that's expensive or not right for a particular place can stimulate some new ideas.

I've found two security items in the archive:

BrickHouse Nightvision DVR Spy Lamp

http://www.habitatmag.com/publication_content/previous_new_products/brickhouse_nightvision_dvr_spy_lamp

and

Speco HT-B10X Security Camera

http://www.habitatmag.com/publication_content/previous_new_products/speco_ht_b10x_security_camera

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http://www.snapfiles.com/get/securecam.html

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Habitat blogger - JB Jan 19, 2009


Has anyone else been checking out Board Prez? He (or she) is a pretty good. Hasn't been real regular yet -- the last post was a few days ago -- but it's been good stuff so far.

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Yes, I've been reading. Would comment there but don't care to have my name etc included.

So I'll reply here to one of his/her posts, about the interview. The blogger suggests that interviews may be too fraught such legal traps like race, job status, whether the buyers are veterans etc, that they should be discontinued and replaced by a more thorough vetting process on paper.

I disagree. Not that the financial background shouldn't be vigorous, of course. But the interview should be used if nothing else to explain the co-op/condo's rules. Most people have no idea what it means to buy into a co-op (I certainly didn't).

So take the chance to explain the nature of the business they're investing in. Tell them about your reserve fund: is it big enough to pay for the next capital improvement? Explain that when utilities, property taxes and inflation increase, maintenance will increase.

Then tell them about every-day issues. They will need to know who is responsible for problems like leaks. Explain why the board reviews renovation plans. Whether the newcomers should call the super or the property mgr or a board member with a question. Our interviews always end with asking the new buyers to run for the board!

None of these points require you to ask any questions that could get you into trouble. If interviews make you uncomfortable, ask your managing agent or lawyer for a list of categories you can NOT ask about and review them with the interview committee.

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I agree with all of your reasons for having the interview. Your points are well taken and we certainly have not stopped the process. We do have all applicants notarize a copy of the rules as part of the board package stating that they have read and understand them. We also have a comprehensive list of Interview Do's and Don'ts that we developed with our attorneys; however conversation during the interview can easily stray into sensitive territory. In today's world, I just question whether the potential pitfalls outweigh the advantages.

Thanks for the feedback!

BTW, according to Habitat you should be able to respond in Habitat Blog using a pseudonym and hide your email address, just like you can on Board Talk.

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Hi. As Board Prez notes, it's possible to leave pseudonymous comments on the Blog. See instructions at the first comment at:

http://habitatmag.com/index.php/habitat/activities/habitat_blog/top_ten_list_pet_peeves

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I understand points made about interviews, but I have a few comments:

-- The interview gives you the chance to not only meet and find out things that paperwork can't tell you but also to let an applicant meet and interplay with the full board.

-- At interviews, we always ask an applicant if he understands what a coop is v. a rental or a condo. They always say yes. We then ask him to tell us what a coop is. They almost always say that you own your apt, and coops cost less than condos. We then explain that you own shares in an apt corp not an apt, a coop is a state business corp like other corps that sell shares to the public that must comply with business corp rules, etc.

-- We may note a few policies or bldg rules at an interview but we don't explain all of them. There are too many, and applicants are nervous and won't remember much of what you say. You're lucky if current SHs know what they are or bother to ask if they don't.

-- We give an applicant our "Welcome" flyer as soon as he's told that he's approved. It has a short intro then bullet points with initial guidelines he needs to know: move-in rules, super/doorman's hours, phone numbers for the super, property mgr, etc.

-- An applicant must sign each page of our house rules in the sale package, but that doesn't have to be notarized. Notarization basicall confirms that the person signing is who he says he is. It doesn't confirm that he read and understands the house rules. Just signing is sufficient.

-- At an interview we ask an applicant if he has questions about the coop, bldg, staff, etc. Boards ask questions but they sometimes forget to ask applicants if they have any.

-- 10 years ago, we created a SH's manual containing all coop policies/procedures, a copy of the house rules, fees/fines, who's responsible for what, etc. and master copies of key forms such as applications for doing renovations, sublets, refinancing, etc. When a SH sells, he's has to give his manual to the buyer at closing or pay $100 for another copy. Buyers are advised to read and keep it handy. This is a lot easier than trying to explain all the rules at an interview. All SHs are told to refer to the manual or call the property mgr with any questions, before they start apt projects, etc. With a manual like this, SHs can't give excuses and say "I didn't know that" or "no one told me."

-- There are areas you can't touch upon, but many boards hesitate to ask much and tippy-toe through interviews. We're courteous of course but we ask an applicant why he wants a coop, why he wants to buy into ours, etc. There's nothing wrong with asking questions or posing a little challenge. We may ask, for ex, "What would you do if a neighbor..." Answers can tell you a lot about a person's character, level of maturity and sense of responsibility.

FYI: Per anti-discrimination laws, there are 14 "protected categories" in which law suits can be put forth if it can be proven that someone was rejected for a job, purchase or whatever on any of these grounds:
Age
Disability
Partnership status
Alien status
Gender (including gender identity)
Race
Children (or childless state)
Lawful occupation
Religion
Country of national origin
Marital status
Sexual orientation
Creed
Military status



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Excellent ideas, BP! I'm going to share them with my board. Thanks.

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Very impressive and very organized, BP! This sounds like a very well-run co-op.

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Hi. It's actually possible to leave pseudonymous comments on the Blog. See instructions at the first comment at:

http://habitatmag.com/index.php/habitat/activities/habitat_blog/top_ten_list_pet_peeves

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To JB - thanks for the plug and sorry for the lack of posts the past few days. I've been fighting a winter bug but feeling better now and just posted something new.

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