I'm looking for some suggestions.
We have a Sh who's complained to the board/mgmt every few months for 2 years about noise at all hours by her next-door neighbor - blasting music, screaming phone calls, throwing items against walls (she lives alone). Mgmt has sent 5 letters asking her to be considerate of others. The latest one was firm but not threatening. She wrote back denying that she makes any noise and said if she continues to be harassed she'll take legal action against the coop. She would too. She's a very difficult person.
The Sh tried talking to the woman, to no avail. Residents on the floor tell this Sh that the noise drives them crazy too. Her unit is next to the elevator. A few times when I've gone to that floor, the second I get off the elevator, noise (usually music at top volume) hits me like a brick.
The board/mgmt advised the Sh to try to get other neighbors to write letters of complaint to mgmt to support the Sh's claim. Without their cooperation all we have is a "he said, she said" situation. No one else will send a letter altho the noise also bothers them. We also told the Sh to call the police who'd opefully arrive while the noise is going on. We even suggested that the Sh try to tape record the noise outside the woman's door. The Sh doesn't want to call the police and possibly incur her neighbor's wrath, and she said tape recording doesn't work.
The Sh is a very nice person but we just got another letter from her and she's at her wit's end. Her parents (in their late 70s) recently visited for a week and couldn't sleep bec of the racket from next door.
Cases of noise don't carry much weight in courts which, in NYC, consider them mostly a "nuisance."
What else might we do to resolve this. Any ideas will be much appreciated. Thanks ~
our mantnc just went up 6%. (having gone up an enormous amount in the last 2 years and having had a budget surplus last year. everyone: what was your average increase? lets take apoll. my very very wise downstairs neighbor says that when this happens, it is usually due to mismanagement.
is income from a cell tower on the roof part of the former 80/20? can we now negotiate high rental rates with them?
A shareholder who has been no problem since moving in two years ago recently had a boyfriend move in with her who is causing problems for shareholder above them and in the building in general. For example, they were staining and varnishing their floors, painting etc,. and it dragged on for two weeks causing toxic fumes to permeate the hallways and unit above. They lived elsewhere while this was going on cause the fumes were so bad. This should have been a two day job. The shareholder living above then contacted management and registered complaints about the fumes. Subsequently the new "boyfriend" cursed the shareholer out in the hall. This guy talks so loud you can hear him in the apt above, he shakes the floor in the unit above when he walks. He puts garbage out wherever and whenever he likes disregarding the recycling laws etc. The shareholder he cursed out wants the Board to take some action to head off any further altercations. We suspect drug use on his part as well, Should we send a letter from the co-op lawyer to the shareholder and put her on notice about house rules he is breaching? And what about the cursing etc? We are afraid he is a time bomb. Is a lawyer's letter the next step or a letter from the Board? Thanks, this is a new one.
The Small Property Owners of New
York's (SPONY) membership meeting of
Tuesday, January 22 at
7 p.m will be devoted
to Greening Your Building,
including solar and
basic enegy conservation
It's at the Marriott
Courtyard, 866 Third
Avenue (between 52-53 Streets) in the
Empire Room, 14th floor.
Suggest you call first: 212 410 4600.
it says in our prop lease theat the enrty door is the respnsibility of the coop. we are having the below problem and need advice on how to manage to get a new door from the coop.
the entry door to our coop apt was installed some 20 years ago with an old door. we are now having problems with the bottom lock and notice that the door is slightly warped withinthe frame. this means you have to push and pull to open and close - it is also impossible to replace the bottom lock since it is bashed from a break in attempt to whatever apt it was on prior to this one.
it will not work properly with new locks - it will merely be a jury-rigges situation. how can we get the coop to give us the new door we need? advice please. they tend to be very frugul and difficult even if this is their responsibility.
OK so an illegal subletter is caught after 2 years and AR or Adc says the coop cannot then charge back fees. Right so lets say the coop forgot to charge basement closet strorage fees for tow years(for a certain no. of shareholders) and then whaloops you with a $600 bill saying they lost it in some kind of computer re-setting. Do you have to pay?
I have paid $400 of it but am thinking they have no right ot ask for he rest since they made a boo boo. Much like not charging the backfees for the subletter once they caught the person.
I've heard that levying substantial sublet fees (provided there is nothing in the PL that authorizes such action)is considdered a "violation" of the equal rights all shareholders have in the corporation. Specifically, that no one shareholder or subgroup of shareholders can be singled out for a negative policy such as this since the PL does allow sublets with board approval. My question in general is does anyone know what is the underlying basis for the "equal rights for all shareholders" principle? Is it part of New York Business Corp Law or something else. Dont see any such language in the several PLs I've looked at. (Not talking about unequal voting rights based on numbers or class of shares)
Our Building Insurance was to expire on 12/31/07. Two weeks ago our Man company presented the Board with the new Insurance package (and expensive) for the building -- to take effect 1/1/08. The Mang agent hired an Insurance broker, and they made the final decisions on the buildings insurance, and cut the deal -- WITHOUT CONSULTING THE BOARD AND WITHOUT BOARD APPROVAL.
The Board received the information a few days before the deadline, during the holiday. Although there was no time to review, One BM questioned the policies, and was answered with a condescending and snide reply from the Insurance Agent. There were substantial raises in policies.
Our Mang agreement states that the Board is to be consulted and the Board is to make the decision. Certainly this is breech of contract BUT.. Besides our Man contract, is anyone familiar with the Insurance laws. Can, the Mang agent along with the Insurance broker, without consulting the Board and without their consent, make this agreement? The Board had no choice but to go along with these choices -- but is it legal?
Retired Board members were shocked, and said that in the past the Mang had made a presentation, they were given options, and the Board – made the decision.
Any Insurance info would be appreciated... Thank you
How should a building calculate its space for purposes of the new 80/20 rule? In particular, should it only include above-ground space? Or does it have to include basement space as well? Does it make any difference whether the building rents out part of its basement in conjunction with the rental of part of its ground floor space?
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