Just an informal survey. Has any Board Talk poster called an advertiser in Habitat magazine to interview them or for further information? What was your experience?
Appreciate your feedback. Thanks.
Hello:
I know that the Board of Directors in cooperatives has two basic legal obligations. The Board must follow the co-op's internal rules (as set forth in the by-laws, and the proprietary lease), and house rules. A shareholder in our building contacted the building's attorney because the shareholder had an unresolved issue of disrepair flooring in the apartment above, noise, etc. The attorney wrote back to the shareholder stating that after contacting the board it appears that all what can be done was done by the board and that if the shareholder persists in complaining the shareholder may be liable for fees associated with the matter.
Again, the shareholder wrote back to the building's attorney since the shareholder felt that misinformation was given to the attorney by the board. There was no response, but on the next month's maintenance stub the shareholder was billed $900.00 for legal fees plus $25.00 late fees in subsequent months because the shareholder refuses to pay the legal fees. The shareholder argues that there was never any agreement for fee-for-service or implied compensation with the attorney and therefore feels the legal fee of $900.00 to be illegal.
The governing documents of the corporation do not state that a shareholder is responsible for the legal fees incurred as a result of contacting by letter the corporation's attorney. The shareholder had the local assemblyman review the matter, and he too, came to the same conclusion that the board has no legal right to pass on legal fees that was charged to the board by the co-op's attorney. Too, if the Board objects to paying the legal fee then it should take up the matter with the attorney because the attorney engaged in the matter with or without approval from the Board, so it appears. The board argued that it is policy to pass on fees incurred as a result of a shareholder's actions. The shareholder argues that policy does not supersede the proprietary lease or the by-laws.
Is there anyone out there who has more information at hand and can comment on this matter of whether or not the shareholder is responsible for the legal fees and late fees?
Thanks,
George Urbano
I have a rent stabilized tenant who I suspect does not live full time, or even the
majority of the time in her NY apartment. I want to bring suit and have her evicted if I can prove her non primary residency.
Can anyone recommend a good investigator for this type of work?
Is anyone aware of a court case where the owners or shareholders sued the condo/co-op Board and the Board President ended up selling his or her property in the building to pay for damages?
I am conducting searches for actual court cases where Board President is being held personally liable for his or her decisions or actions for a condo or co-op.
Thank you in advance for your help or suggestions.
an elevatorman has made repeated passes at a resident. he is union. what do we do? she feels too uncomfortalbe to write a letter.
Hello:
I serve on a Board where two members feel it is their duty to police the building and direct the staff.
One of these members thinks it is appropriate to discipline her neighbors on things like trash disposal. She also has, on at least two occasions, publicly disciplined security officers on duty.
Both of these members routinely assign tasks to staff members.
I have been diligently advising the Board President as well as the Managing Agent about protocol in certain situations, e.g. the role of Management and the role of a Board Officer.
I maintain that the role of Board Officer does not include supervisory duties in day-to-day operations. At the end of the day, we are all neighbors, these delicate issues better left to Management to handle.
Any thoughts/experiences?
Thanks
Hello - I've been doing some preliminary investigation recently into the practicality of power/heat/hot water cogeneration with a fuel cell and, after seeing the article here on microturbines, thought I'd post to see if anyone else has looked into this and has any experiences they can share?
Based on my research so far, I see that natural gas fuel cells exist and can generate power into the 200-400 kW range plus 900k BTU for hot water. Between any applicable city/state/federal subsidies/tax breaks and selling any surplus power back to the grid (if Con Ed allows that), I'm hoping this will prove to be a feasible idea.
Thanks,
Henry
According to a Habitat article on tax abatements,
"New York State Senior Citizen Homeowner’s Exemption (SCHE).
If you are 65 or older, and your federal adjusted gross income minus unreimbursed medical expenses is less than $35,500, you may qualify for a five to 50 percent reduction in the assessed value of the home. When the assessed value is reduced, the total tax bill is automatically reduced as well."
I took this to mean that shareholders 65 or older can claim the SCHE... but I seem to recall that our Sponsor gets a sizable check from the co-op at least twice a year (most of his tenants are 65 or older).
Why would this abatement attach to a corporate entity? Is it because the principal is over 65 and he owns the apartments (shares) in which the older tenants reside?
I haven't wrapped my mind around the best answer... anyone know? Am I misremembering this and it's some other acronym?
Thanks, appreciate any ideas.
We've run a few articles addressing this very problem. The most recent one is "Kitties 'n' Canines in Co-ops 'n' Condos," at this link:
http://www.habitatmag.com/publication_content/habitat_s_purchasing_primer_news_for_new_buyers/kitties_n_canines
but if you do a search for "Pets" in the search box above, you'll find a slew of pieces that will help. You'll find there are good and even revenue-enhancing ways of establishing good-pet policies. Good luck!
We are a 6 story mid rise and have cameras in our elevators yet still dogs pee on the elevator carpeting and we can't prove who's dog(s)are doing it. We are considering a move to non-carpet- kind of rubber floor covering, which is too bad as it's not as nice. ...........So, I am wondering if anyone has ever heard of a co-op charging a nominal (like $20) annual fee for the privlidge of having a (board approved) dog in the building? If it's wacky idea I don't even want to bring it up to my fellow BODs. My thought is that that $400 a year might put new covering in the elevators...and they'd be paying for it vs. us non-dog owners. Thoughts anyone?
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Our board and our manager have contacted several of Habitat's advertisers over the past couple of years. Each was courteous and helpful, and our board ultiimately hired them both. One was a management company and the other the company advertising on your site now.
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