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)
Thanks
NEED INFORMATION-
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?
Our management company has just negotiated a bulk resident contract for the individual heating/cooling units in our condo building. Their price is $352 per year per unit. Would appreciate any feedback on whether this sounds reasonable to you. Also, should the fee be adjusted for the size of the unit, or is it usually the same fee for all units?
What is anyone doing with their Cable TV contracts? Is it possible now to have satellite and cable both? I don't quite understand what the FCC did, but would love to be able to open up my building to both (or more)..
We have a lot next door to our six story co-op that had been vacant for some 60 years, but now a new eight story building is going up. We obtained a copy of their plans and we see that they are building within 2 inches of our wall on the adjacent property line. This wall has a lot line of bedroom windows on it. The bedroom (corner apartment) also has two more windows on antoher wall with fire escape access.
Is there any legal precedent to protect our windows and make them redraw their plans?
I have noticed news that HR 3648, the Mortgage Debt Forgiveness act was approved by the Senate with changes. I have heard, but have not been able to confirm, that the changes were the ones affecting cooperatives and 80 20 rules.
Since the 80-20 component of this bill is one coops with 80-20 issues should be concerned about, I was wondering if anyone in this forum has any information on what is going on with this legislation.
Any information here is helpful.
Thank you,
Gab
proper repair of leak goes neglected in an apt rented from a sponsor in a coop. extensive mold damage to personal property. who is responsible to reimburse for property damage? the coop? the sponsor who owns the apt? or the residents above who did some construction that may have caused the leak?
At times I am very confused on the following: some
shareholders say we should have an increase in our
maintance and or an assessment to build up our reserves.
a president of another building said you cannot over
charge just to build up reserves. that reserves are for
unforseen issues or emergencies. Yet some residents
say have an incrase in mainteance to build up reserves.
If we have residents pay to build up reserves for the
future are we not asking current residents living in
building now to subsidy future residents. It is my
thought that if you need a new elevator now you ask the
residents for the money now. Also, if we build up our
reserves and a more aggressive board comes along they could
spend all the money in the reserves on whatever and the
money is not going to be there for the future.
I guess my final thought is what are the requirements
for reserves? assessments? and can we increase mainteance
to put into reserves not earmarked for any project but for
future possible emergencies. Help if anyone can tell me
where to look or how to get this issue straight with my
thoughts. thank you
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Hi, Danny,
I'll take first stab at this. AR and AdC may chime in too.
First, as a moral issue, if you owe the money to your neighbors you should pay it. Didn't you notice that you weren't being charged all those months? I'm hoping you tried to correct the billing error even though it wasn't in your favor. (If tables were turned, and the co-op were charging you twice, I'll bet you'd make some noise -- and you'd want your money back!)
So how is this different from the illegal sublet?
The storage space isn't illegal (right?). You made an agreement to pay for a service, and the co-op wants to you pay for that service. Yes, the bill was delayed, and I hope they'll give you a few months to cough up the remaining $200. But not charging you is an honest mistake.
(As opposed to the illegal sublet, which was a dishonest deception.)
Oh, and if you're a shareholder in the co-op, you're basically taking the position that you should be able to cheat your neighbors and yourself out of the money. If you don't want to pay for a storage cage, you can always clear out to make way for someone who will.
Sorry for the harsh tone, but your co-op is a business, and you're the owner. You should know better!
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