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sponsor control - mac Jun 10, 2008


Please send me your advice, I live in a building where the sponsor was also the managing agent, secretary, accountant, and lawyer for the building. The previous board managed to change the managing agent, lawyer, and put a new independent accountant in. The sponsor got his "friends" to run against the board and since he still has 12 apts, they voted the old board out. Now the new board is composed of his friends, who he promised apartment to, and people that do not live here. Nothing has been updated in 25 years.
and its feared that every outsider that was hired will be fired and the building will revert to the "old ways" Please give me some advice and moving is not really an option as I dont know who would buy into this building
thanks

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Our building is dealing with something similar. How long has your building been coop? We are waiting a judge's decision on who is really on our board, as we hired a lawyer to help us fight this. Needless to say, that has been expensive. We are also working with local politicians to get help from the Attorney General's office. Who is your sponsor? What borough are you in?

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thank you for your response. we have been a co op for 25 years and I fear that we may end up with the ag's office except I would like to have all the majority of the owners together but with sponsor interference and offer of sweet deals.. I don't know how that is going to happen.

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Read your bylaws/black book and house rules. You may be surprised by what you discover... Put every thing in writing. Keep every EMail,,, dont accuse,,, ask questions... such as ,,, is this legal... the bylaws state that........... We just got rid of our Mang ousted a BM who had been running the building as if he owned it... Stay focused on your objective, be persistance and with only one or two other SH you will be amazed by what you can do...
VP

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Your first step is to read your offering plan cover to cover. Do not make accusations, document every question and then every response. Document minutes of every meeting. After you gather the facts from your offering plan of what you believe to be your legal rights, hire an real estate attorney. Ask for recommendations from others. Be diligent in your research.

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excellent advice thank you.. I know there is a lot of work to be done...I hope these owners are not discouraged by the expense or work . ...

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Supt's Duties - Anonymous Jun 09, 2008


How many corporations pay their Supt for common tasks such as unclogging bathtubs? Our Supt wants to charge us but some Board members feel that this should be included in his job description.

I'm curious to know what arrangements others have with their Supt.

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I also am a Superintendent. That falls into line with our job description. If you want to get technical then the very top floor of your building should be responsible for clearing of their clogged pipes. I clear pipes all the time in my building I never charge but sometimes they do tip me.

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If your super unclogs a tub or replaces a washer occasionally, he should let it go. Most supers do these things now and then and don't make a fuss about it. But if he does this repeatedly for the same people or you have many apartments and it happens often, that's another story.

You should tell your Shs that unless a task involves an area of maintenance or service that your coop is responsible for, the super is under no obligation to do it. You should also tell them if they want him to do work outside of his required job duties, he can do it on his own time and should be paid for it accordingly by the Sh.

I can see the resident's point, but I can see the super's point too. Some people in coops think the super is supposed to fix everything as if they lived in a rental building. We had Shs who'd call the super to do something like replace a light bulb in a ceiling fixture because they didn't want to do it. We even had a Sh who wanted him to change the cat litter for her twice a week! It can get out of hand.

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If the task involves the building's pipes (i.e., a leak in a waste or supply pipe) it falls within the super's duties; if it involves pipes originating within the resident's apartment, it's the Shareholder's responsibility.

I agree that unclogging a drain is within the super's discretion... but also that Shareholders should not "expect" or "demand" service.

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One addendum to my post above:

If the problem is a building pipe, please use a licensed plumber!!

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managing agent profiting from large projects - matilda Jun 09, 2008


just smelling something funny in our cop. is there a way that a managing agent can profit from encouraging a coop to do one large project after another?

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E-MAIL POWER:
Three years ago our new mang company tried push through am $11,000 contract for AC brackets we had replaced the year before (and a $5000 parking perk for our Super which we could not afford or need). According to our agent the AC contract was a great deal, and the contract had to be signed by 5pm on a Fri... Fortunately this got out -- and started an Email revolution in our building. This was our first RedFlag.
It has taken us three years, and one of the worst mananged and most expensive (we hired an Independent engeneer to investigate) LL11 projects -- to finally get rid of this Mang company. Certain BM, no matter how bad things got, (unpaid bills, uncollected funds and virtually no recordkeeping [No SH list] to name a very few) continued to support this agent. The Email Trail, both from BM who saw what was going on, and the SH, did them in. We just discovered that they did not register the new owners for the Tax abatement and numerous SH for the past three years, did not recieve this abatement check -- which in some cases is substancial.
Start the Emial trail now (keep all Emails) and ask questions. Dont accuse but ask if its necessary... Ask that BM take recorded votes... make everyone accountable. and good luck.

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New Noise Laws - BoardNewbie Jun 06, 2008


Seems like all sorts of loopholes in new noise code. We finally got a noise violation issued to a restaurant whose HVAC has been the bane of our rear line shareholders. Problem is the offender gets 6-8 weeks before he has to appear in court and he is making no signs of curing the situation anytime soon. The managing agent for that building doesn't care, and we are going nuts as the HVAC is detreriotating daily giving off more loud grinding racket 15 hours a day, 7 days a week. Borough Presidnet's office said nothing else they can do. We are considering sending a lawyer's letter to the managing agent threatening a law suit. Has anyone had to resort to this? IS ther legal remedy available (or threat of) that can bring about a faster and better result than the sad DEP process? Even with our windows shut it sounds like we're underneath an idling bus. And, btw, the noise code is very misleading-this guy had a 57 dcibel reading and the ambient level was 52-so the DEP brochure saying the lower thresehold for a violation is 45 is not really true. There are all sorts of contingencies.

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call this fantastic woman: Arline L. Bronzaft of the Council on the Environment , NYC

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This restaurant sounds like such a bad neighbor, I think you ought to make a little noise yourself.

First, let everyone know. Go to restaurant blogs and urge people not to eat there. Post flyers around the neighborhood.

Get a picket line in front of the place, after first alerting news organizations that something big and visual is going to take place -- stressing (this is important) that the legal process is broken, that the new law doesn't work, and that a whole building of average, everyday working people are being deprived of the sleep and peace that they need in order to work.

Let your community board know. Let your State Assemblyman know. Ask your attorney if you need a permit to protest, and get one. If you can't get one, protest anyway -- you have a First Amendment right, and it'll get on the news.

Don't forget to shoot video of the picket an e-mail it to TV and online news orgs. The overall purpose is to give this disgustingly selfish restaurant such embarrassing PR that they'll have to fix the violation. Also, it'll call attention to loopholes in the city law, which makes it legitimate news.


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this is perhaps a bit easier and she can help you mediate with the restaurant.

call: CENYC phone 212-788-7900 fax. 212-788-7913

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Thanks for all your suggestions-hard and soft ones alike! I will follow up on both recommendations and let you know our progress. These responses just affirm what a great online community Board Talk is-thanks, Habitat, for getting it back up online!

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NYS HOUSING LAW 213 - Anonymous Jun 05, 2008


Does anyone know anything about the above law that refers to DRIE for disabled shareholders and how can you find out if the mortgage now or past was protected under the above housing law which would make disabled tenants/shareholders qualified for the above exception.

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Security - guardsman Jun 04, 2008


We are a mid sized Manhattan coop. We need to make some changes to cut security costs. Up to now our security has always been inhouse. One option is to outsource to a security company.

Interested to hear from other building who have faced the problem, how did you handle it, which security companies did you evaluate, what is the caliber of security personnel sent to your building.

Any info helpful.

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We are a mid-sized coop in NYC (80 units)
We have a contract with Securitas Inc and we pay aprox $14 per hour per guard. We have 4 guards at 8h shift plus 1 extra guard on Sun
Annual cost aprox $135

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Annual aprox $135,000

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video cameras - Bogie Jun 03, 2008


We are a townhouse community A few homeowners have asked for the OK to install video cameras in their windows facing the outdoors. They have provided specs, etc. The one outstanding question for the Board is: should we require them to post a sign? Our managing agent says yes. But we have been unable to determine if it is a legal requirement. Appreciate any advice you can give us. Thanks.

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Lobby Renovation - Tracy Sebben Jun 02, 2008


We are about to embark upon a Lobby renovation. Does anyone have any companies they would recommend for:
External Doors
Intercoms

Thanks

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I am a Superintendent of a Cooperative and we use Academy Intercom for maintenance, new installation and for engravings. They are very professional and their response time is Great.
Telephone number Academy Intercom(718/212) 539-1000

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Board conflict - rose May 31, 2008


Hello hope that someone here can help. First off i am the president on the board here at the condos where i reside. I have been treated unfairly and accused of doing things that are untrue but that is not my main reason for this letter. The main reason for this inquiry is to help the residents here. Two of the board members have gone crazy with the "power" that they have being on the board. Have made decisions w/o all board members being notified,passing ammendments not voted on by the owners,locking out other board members including myself they say they where instructed by the atty yet no letter to this was ever received. The owners are furious to all that has happened and want this board to be dissolved immediatly. They have asked me what can be done since the owners dont have money for legal representation.They have begun a petition but once signed what do they do with it at that time? Please help!!

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We had a similar problem. Start to document everything with an Email. Dont sent Emails accusing anyone of anything. but ask questions. Such As: Is it legal for two board members to vote without consulting the rest of the Board. or I dont think its legal to bypass the bylaws,, could another BM clarify this.
KEEP every Email... You will be surprised by the results. Good luck

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Rose,

The first thing you need to do is check your by-laws and become family with the rules of it.
If you can get 2/3% of the owners together, you should be able to remove these 2 off the board.
This must be done quietly at first and then call a special meeting of all the owners or have proxies set up by them.
If you can get them removed, be prepared to refill their positions immediately.
Try to have as little communication with these 2 as possible...
That is the only way to get your situation resolved...
Good Luck..

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Copy of Annual Meeting/Proxy Form - BN May 24, 2008


Our property manager fails to do anything lately-from monthly financial statements to calling our Annual meeting last April, she does nothing. Anyone have a form letter announcing an annual and a copy of a proxy? We have to do this ourselves over Memorial Day weekend because of the nonfunctioning manager.
Thanks,
BN

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