More and more, we are perturbed that contractors and vendors hired by the co-op (as opposed to residents) come on site and violate simple safety procedures.
Yes, one expects a firm to follow all standard and prescribed safety measures.
Yet, if asked, safety is the corporate mantra for the firms we engage. But how often a mechanic or worker enters a co-op site and proceeds to violate simple safety procedures, hazarding himself or herself and others?.
Here are but a few of the recent safety transgressions, we noted in our building.
1. A worker running cables in a ceiling of our lobby for a new elevator communication system, stood atop the top knuckles of the stepladder (it did not have a top shelf, as it was one of the all purpose ladders that can be folded or extended into various configurations) to reach into the drop ceiling opening of our lobby while pulling cables.
2. A landscaper working on our property left a gardening tool, with a long wooden handle, protruding from the shrubs and intruding onto the adjacent walkway space where anyone who was less than vigilant could have sustained an eye injury.
3. An elevator mechanic descended into an elevator pit without placing a barrier and warning signs around the opening to thwart and prevent an individual or more so a child from approaching the opening and possibly falling into the pit.
While the worker can sue his or her company if an injury occurs, here are some what if scenarios.
In this day of knee jerk litigation, attorneys cast a wide swath and add every entity possible to the law suit. What if the co-op is added to a lawsuit and needs to defend itself. Yes, we have insurance, but why should we have an “experience” on our file for the stupidity of a worker and the lack of supervision by the firm?
What is a co-op employee or resident is injured through the negligence of the vendor or contractor?
How do we reduce or eliminate our culpability, however remote?
Has your co-op corporation encountered such lackadaisical attention to safety procedures by on site workers from vendors or contactors?
If you have, what steps has your co-op taken to ensure compliance with safety procedures?
In some cases, the vendor is under a contract that has two or three years to run.
We have several trees near the curb in front of our coop. I know trees are city property but they're on sidewalk area on our land. We're responsible for sidewalk repair within the limits of our building property so I assume the sidewalk is "ours."
Can residents plant flowers around the trees without asking us, or at least telling us what they plan to do? Do they need coop permission to plant -and/or do they need city permission?
Hi there's no free lunch:
Since the coop's attorney freely engaged in communicating with a shareholder without disclosing any potential fee associated then the shareholder is not responsible. Too, there are no provisions in the governing documents and at the last shareholders meeting an amendment was shot down to cover such activity. The coop's attorney was responsible in declaring that he does not represent shareholders and needs to get board approval to engage in corresponding with a shareholder. None of this was done so it is a matter strictly between the attorney and the board to work out compensation.
Read: Recovering legal fees, by Bruce Cholst, Esq. The Cooperator. "Another limitation set forth in the typical proprietary lease clause regarding collection of attorney's fees is that it does not allow the recovery of any attorney fees prior to the commencement of a formal action or proceeding. Thus any pre-action analysis, correspondence, etc would not be recoverable."
So you see the shareholder has no liability for legal fees especially when the attorney made it clear to the NYSBA that he billed the coop and not the shareholder.
Any additional thoughts on this?
GU
I have just been elected to the board and was wondering what I should learn. the other board members have suggested we gather to discuss issues. what questions should I be asking to become knowledgable about issues.
rent controlled apt. sponsor selling it. this has never been done before in our bldg. can they do it? tenants will not leave - and are healthy in their 60's
I need some strong arguments as to why the sponsor is exempt from paying a flip tax.
Is it safe to say that all sponsors are exempt in Manhattan?
I could also use some words of support that all the personal abuse we are getting is worth the reward.
If a coop Board member in New York replaces his individual ownership with a revocable trust can he still continue serving on the co-op Board, especially in the postion of a Treasurer or President?
We are the Board of a townhouse condo community. We have a couple of homeowner cases pending in small claims court which have been postponed a few times because our managing agent was not able to attend. We, of course, get charged by our attorney whenever there is a postponement. Our attorney has told us that they will not move forward in small claims without the managing agent or a board member present. Our board members, myself included, choose not to attend and have requested our attorney represent us, with or without the managing agent or a board member. He has refused. Any opinion on our attorney's demand, please. Thanks.
Our building likes to offset the abatement with an assessment. However there is a bylaw that they cannot impose any assessments without a vote of all shareholders. They have put this assessment on our bill without the required vote claiming it is a "tax" assessment and not a regular capitol assessment. This means over $1000 for me - If I do not pay the assessment until it is voted on, can they charge me a late fee? legally? I will pay the rest of the maintainence minus the assessment.
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.
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We had a scary expereince such as this a couple of months ago. A contractor sent by managing agent to repair leaks around roof equipment was using a blow torch. This is illegal in NY and he started a fire on the roof. The fire department was called (contractor hid the blow torch and said the vent from laundry caught fire from lint) but them I found out afterward what happened. This is a terrifying thing--we could have also had a gas expolosion if the flames had travelled down the vent to the washer/dryer. We will be addressing this with the managing agent.
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