This is from today's NYT. There must be only one manager in a coop according to the Business Laws. Question is what are the:
all input welcome.
Can Sponsors Employ Their Own Managers?
By JAY ROMANO
Published: March 23, 2008
Q In a co-op, must the managing agent for the co-op and sponsor-owned apartments be the same?
A “This is an interesting question because it may seem, in practice, that the law on the issue is ignored,” said Andrew Brucker, a Manhattan co-op and condo lawyer. He said that under a section of New York State’s General Business Law addressing issues governing the conversion of rental buildings to co-ops, all apartments occupied by nonpurchasing tenants must be managed by the same agent who manages all the other apartments in the building.
Yet many sponsors who own unsold apartments have someone else who deals with those tenants. “The sponsor typically hires someone to collect rents from the tenants, to pay maintenance to the co-op and to deal with any tenant problems they may have,” Mr. Brucker said. “Although the law seems to indicate that there can be only one managing agent in a building, this is not the way most buildings with nonpurchasing tenants operate.”
Our Board has just denied a S/H the right to have a proxy represent him at the S/H meeting. This right of a S/H is covered in our By-laws, and in our 20 year history -- we have always alowed proxy's.
This S/H cannot attend, and has been very vocal on a position strongly opposed by four board members. Two B/M objected and pointed out the law and legal def of a proxy --but they have been ignored.
The By-Laws are a Coops Constitution and is set in place to protect the S/H, and can only be altered by a vote from the S/H.
We know about getting the S/H to vote, but we need more backing. Any advice as to where to turn? A/Gs office? Any contact names.
Thank you,,, Alice
Really? Did you read your proprietary lease and found the exact item where such a restriction is stipulated?
As ST told you, you may mail it to the shareholders, do what politician do by standing outside the elevators in the lobby or mailboxes and meet residents or post your own flyer on bulletin boards if one or several are available throughout the buildng.
You may enlist some neighbors who may be willing to spread the voice on your ideas for the board, etc., invite people to your apartment or meet people over the laundry room.
Finally, have a good presentation for the night of the elections so that co-shareholders know why you are running, what attributes or behaviors characterize you as a team player, effective delegator or good collaborator. Remember 1/4 of the people are leaders; 1/2 collaborators and 1/4 empathizers. You need a good blend on the board to have an effective board.
Good luck on election night!
Our building’s proprietary lease does not permit any handouts at any time to shareholders, e.g.: under apartment doors, in the lobby, on the property, etc.
The existing board when it runs for reelection, although there has been some turnover, e.g.: on person per year over the last five years (seven person board) posts the names of all incumbents who are running again and all who have submitted their names for consideration on the building’s bulletin board and then it puts a letter under all apartment doors with the same information, including a brief resume of each person running for the board.
As I wish to run for office, I have asked the board for permission to put campaign information under the doors.
The board’s response to multiple requests has been that the proprietary lease does not permit any distribution of materials at any time.
In fairness, the board does not lobby for reelection via any materials under any apartment doors. Rather, shareholders who are aligned with the existing board members will solicit shareholders, but these folks do not distribute any information.
My alternative is mailings to the shareholders.
The building does not have a regular newsletter with chit/chat items. In fact, there is no co-op newsletter. Rather the president of the board, a member of the board, the board itself will distribute information pertinent to taxes, assessments, maintenance costs, capital expenditures, insurance, etc.
Notices regarding the annual shareholder meeting are mailed as required by the proprietary lease.
Sometimes, information such a fire alarm tests, elevator tests, AC plant activation, heating system activation, pool applications, health spa annual membership, etc. are posted in each floor’s elevator lobby.
What are my options without violating the proprietary lease?
As a brand new board member, just elected, I have a question.
I have been inquiring about the process to refinance our buildings existing mortgage.
I have been told that our management company can orchestrate this on our boards behalf, which we would like, but they will charge us a fee to do so.
What should we expect to be the charges for this service? Is this typical?
Has anyone encountered a hurdle that the co-op is declining to allow access to the shareholder lists, citing privacy requirements imposed by the Patriot Act?
Has anyone been faced with a partial or complete prohibition? For example, partial only names are shown, only last names shown, displayed without address (some residents have an alternate address or an alternate primary residence), phone, SS#,
Does the Patriot Act trump the proprietary lease?
Tried to post this back when the board was down. Yay, it's back up.
We put in a new elevator about a year ago. Our managing agent didn't file a J51 doesn't know if we'd be eligible or not for it. Based on some web-reading, it looks like, for Manhattan, if the units are valued over $40k, the building may not be eligible. Is that correct? Has anyone succeeded, in Manhattan, in getting a J51 abatement? Does your managing agent handle it or do you need a special lawyer to file? Thanks for info or suggestions on how we should follow up.
our Super has started making private arangments with the sponsor to renovate/ hire subcontractors to work on the sponsor apts when they open up for rental. These jobs do not seem to have permits and the contractor may be unlicensed to do electrical, plumbing etc. What can we do and why is allowing this to happen not in the best interests of a cooperative?
As more of the population of our building moves into their senior years, more and more of the residents are now single person occupants. A good number have begun to acquire one or another model of remote medical alert service to secure assistance.
All these remote medical alert services expect to contact an individual to then gain access to the resident’s apartment and for any family or guardian contact.
We have found that residents are supplying the telephone number of our security console or our doorman.
We are about to publish a letter to all residents advising that the selected medical alert service needs to be provided with the names and phone numbers of fellow residents, family members or friends proximate to the building. Alternatively, residents can purchase a key lock box, typically used for home sales to allow only authorized individuals with the key box code to gain access to the unit’s keys.
Basically, we wish to rebuff underwriting either explicitly or implicitly any co-op responsibility for a resident, access to the resident’s apartment or the notification to responsible parties for the resident.
As we are not a nursing home or an assisted living facility, our assertion is that we cannot accept this burden for a resident’s well being.
Doormen and security staff do not have access to the keys to a resident’s apartment. In turn, either the management office during the day our superintendents off hours must access the key locker. At this time, the rules for security and the doormen is that the superintendents are only to be contacted for a fire, flood or if the central heating or cooling system goes into an alarm state. As one can discern, these are rare occurrences.
This is not a quality of life issue, as all residents share in the good care and maintenance of the building and property. To us, it is an additional service fraught with a potential liability for failure to act in a timely or proper manner.
Are there supporting or counter views?
Despite or because of Twin Rivers (Hightstown, NJ) can you folks provide some views or opinions? Yes, quite a few questions but one or more may perk your interest and some responses
1. Does your co-op or condo publish any letters promoting candidates for election to the co-op board of directors?
2. Does your co-op or condo allow residents and shareholders to distribute materials, election or otherwise, beneath apartment doors?
3. Does your co-op or condo allow candidates for board of directors to distribute materials beneath apartment doors?
4. Does your co-op or condo censure residents and shareholders who distribute materials, election or otherwise, beneath apartment doors?
5. Does your co-op or condo censure candidates for board of directors who distribute materials beneath apartment doors?
6. Has the board ever permitted e.g.: made an exception for, residents to distribute materials beneath apartment doors?
7. Has the board ever permitted, e.g.: made an exception for, candidates to distribute materials beneath apartment doors?
8. Has the board ever permitted residents to distribute any materials in your co-op or condo lobbies or hallways?
9. Has the board ever permitted residents to distribute election materials specifically in your co-op or condo lobbies or hallways?
10. Does your co-op or condo publish a list of candidates for the board of directors who have submitted their names in a timely manner?
11. Does your co-op or condo sponsor candidate sessions for shareholders to meet the candidates
12. Does your co-op or condo permit candidates to make a statement on the floor of the shareholders meeting before the voting is closed, unless voting closes before the shareholders meeting?
13. Does your co-op or condo have an independent tabulator of votes?
14. Does your co-op or condo publish the count of votes for candidates?
15. Does ML prohibit the distribution of materials at your co-op or condo sponsored off premise meetings, if in fact meetings are off premises?
16. Does your co-op or condo allow meetings in the community room for personal use?
17. Does your co-op or condo prohibit door to door solicitations in the building?
18. Does your co-op or condo prohibit any activities in the lobby?
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