OK, unless I misinterpreted the question Ann, here is my view;'
If you are the treasurer and you have the need to do this, I think the better or more logical question is, why?

First, to answer your question, yes, there are many programs that permit access. (MRI, Yardi, even the old BJ Murray does)this is possible, though maybe not permissible.

Second, your management should be paying all bills on a timely basis, approving any that may need your approval (I PDF them and use email), and providing you a full accounting report at the months end with copies of all the bank statements and bills paid.

If a treasurer has access to my system, I would have to charge a lot more to manage that building. It is the equivalent of hiring a contractor to do a job, them getting underneath him with a level and plumb line. Let him work, he's there so you don't have to be. All you need do is oversee and ensure the proper job is being done. in your case, it is via the monthly financial statement you receive.

~AR

is on the wrong trail, I suspect.

Ann, are you thinking of self-managing?

Are you trying to pick the brains of managing agents for the right software to let you do that?

; )

We seem to have a problem with how items are coded by our agent. They 'move around' within the accounts month to month or large unusual items are put in a regular, usually steady, account. This lack of consistency makes it difficult to see how much we are spending on a regular basis and how much for emergencies and other 'one offs'. I was thinking that it might be common practice to have online access to view reports (as is standard in business) and be able to click on an account to see what expenses have been put in it--rather than having to ask about each oddity every time.

Alternatively, I was thinking we need to approve account codes for invoices before they are booked. The purpose is not to micromanage, but to get a decent grip on our finances: what's 'regular' expense and what's unusual--so that we can plan and budget.

I'm trying to find out what other people are doing if they are having these kinds of problems, and what the best solution would be.

Anne:

Many treasurers and Boards unfortunately do not take the time to thoroughly review and classify, etc. They just go by what management says, read and take the reports as provided, and pop a question here and there when something looks odd. What your asking for is good and in many buildings is needed. You do have the right and ability to customize the reports to fit your needs and requirements.

Who’s GL coding system is management going by? Yours or theirs? Perhaps sitting with the accounting department and PM for an hour will solve it. Make a list of your current coding and desired coding. Have management implement the new codes or sub-codes and have the agent when signing off label it - such as capital/hallway project/engineering or repair/reimbursable/apt7B - etc...
It makes it very easy for you to glean over the list and trace or see exactly what expenses come from where and are allocated to where. The only follow up on your part may be asking if 7B ever reimbursed us for that sink trap repair.

Then, in your monthly reports, have management separate anything that is capital from the operating expenses and emergency repairs from maintenance repairs and itemize what needs to be for the purposes of your next budget.

This is a pain in the a$$ for management, but much better and easier to read and forecast from. We do it for 2 of our buildings and they like it very much.
But providing access to the system would be a definite no-no for us or any other management company (We only provide it to the PM's, the accountant firm and L&T attorneys)
Did I adaquately address/answer your concern?
~AR

Thanks. That's helpful.

They are using their own GL accounts which do not match well to the accountant's GL accounts and which do not segregate capital from regular expenses. And, they have a tendency to open up new accounts for very small amounts, like $15, while putting large, $11,000, 'one off' expenses in regular accounts--so all is rather confusing.

I had already requested on the next round of reports that they 'code' the invoice copies so I can see where the expenses went, and was thinking I just need to go down there and talk it through so we can agree on some basic principles of where things go and what amounts (large ones!) justify a new account or separation from regular accounts.

What's the 'pain' for management? The coding of invoices or the segregation of capital expenses? I'm not trying to be unreasonable, just trying to get a handle on what's happening and where the money's going so we can budget and plan.

Great..

You should definitely spend some time at the management office, relay exactly what you wish to happen and why. They will be able to do it (but may gripe a little). If a new type of expenditure comes up (which should not because you would have worked all that out with them), then they should call you to say "what do you want me to do with the $2,000 Goldfingers bill.."
The software ledger will need to be modified by management and the new system implemented. this may take a month or two to get the kinks out, but it should work out in the long term.
I may have exaggerated in that it is a pain, it is more of an inconvenience, but they will get over it...

~AR

The problem with codes is the codes are not or rarely put on the actual purchase order. So when the invoice comes in accounting takes a guess where it goes. The super/managing agent need to apply the codes upon ordering material or repairs. Problem solved. Of course you have to make sure the codes are applied to the right line item on the budget.
Its also a good idea that every 4 months or so someone sits with the super and showers him/her exactly where the building is on budget. Most of the times, supers - Resident managers do not know, no one tells them or teaches them.
This will help stay on budget.
Pgrech

That is real good.... I never thought of informing the super as to where we are in the budget. I think that is a great idea for various reasons. (gonna steal that idea and implement it!)thanks

The use of PO numbers (which include the GL code acronym)can help to pre-clasify items.

~AR

Naaa, your not stealing it. Your very welcome to it.
Be well
Pgrech

Whether you go by the management office system or the horoscope system, your treasurer and your board should have a copy of the charts of accounts. The treasurer may define each chart of accounts for types of invoice entries he/she wishes to see. (Note: try not to use miscellaneous categories - you end with the kitchen sink if you have such a line item!).

There is nothing that prevents a board member, specially a treasurer to ask for re-classificaiton of an invoice for budget tracking purposes. On a six month basis, i.e., in July, you should ask for expenses year-to-date broken by GL's, and ask for reclassification of those invoices that are out of line with the GL's. It happens often, but not really something to lose sleep over it.

In our case, we ask management to pay anything that the coop is committed to pay under contract or recurrent, i.e., mortgage, taxes, con-ed, water, elevator service, telephones, salaries, etc. However, any other repairs, i.e., plumbing, supplies, electrical, engineering, legal, other professionals, the treasurer goes over them.

My recommendation to any treasurer is to sit with the super and clear the invoices initiated by him/her to ensure that the services were received and that the work was up to standards. Similarly, check supplies carefully with the super as there may be backorders, credits and returns that all should match. Good organizations ask that shipping slips are matched with the invoices. The super should check the received items on the shipping slip, then attached to the invoice for payment.

As PGretch and AR state, the super should be briefed (depending on his status within the co-op) about the financial position of the co-op at any given point in time. Making him aware of the present financial circumstances makes the super a team player. A super who deals with a large department of poters and other service men to supervise and whose skills are more demanding by way of supervision and budget, may be told more detail about the operational items that he/she oversees, i.e., utilities, repairs and salaries, i.e., OT, vacations, etc. than a superintendent of a small builidng where he/she may be a solo performer.



AdC

NYSERDA will be exhibiting at the CNYC Conference's Expo this Sunday too. This is the seminar: 2. BEING GREEN IS NOT A SPECTATOR SPORT Energy consultant Lewis M. Kwit will lead a discussion of sustainability as it impacts cooperatives and condominiums. The session will offer practical advice for buildings to develop their own sustainability portfolio, the types of technologies which contribute to a sustainable living environment and incentives available from the State, City and Federal governments for implementing these protocols. Joining Mr. Kwit will be sustainability experts from the City of New York, The New York State Energy Research and Development Authority (NYSERDA), Green Building Architects and practitioners in multifamily buildings. For more info 212-496-7400 and http://www.cnyc.coop

I just noticed in my November issue of Habitat on pgs. 26 & 27 NYSERDA and many others will be at the Conference's Expo on Nov. 11. Talking in person always helps.

Has anyone been able to get them to come do an energy audit? We established a committee and pursued, but just got run around between agencies. Anyone had success? How'd you do it?

Unfortunately, boards do not do a good job of communicating with shareholders the expenses they have to face. Your example sounds like the people next door to me. My next door co-op neighbor was assessed $2 million dollars more in property value last year. I don't know if they tried to contest it, but they are stuck with an invoice to pay, any reductions from contesting the bill will come later on.

If you heard the recent news: those who use heating oil to warm a building, are expected to pay 20% over last year's prices. In our specific case, This will mean approx. $16K more in an $80K oil budget. Only 6 years back, we were paying from $38 to $45K BIG DIFFERENCE!!!

Shall I keep going?...

At our last annual shareholders' meeting, I sort of provided some VERY revealing numbers for shareholders (people love statistics, as you know) Our site manager and independent auditor thought I was very smart in bringing the numbers along -- as you know you have to know your line!:

From 2001 to 2007 our taxes went up 150%. Unfortunately, I don't have the numbers handy to give you an idea of the magnitude of our increase in just 7 years. The tax invoice is not like the bridge over the Westside communicating Riverdale and Manhattan that you can go some other route and not pay. I used to pay $0.10 in 1972 and now it is over $3.00 (I guess E-Z pass made me forget!).

Where is the money coming from? Obviously, if you don't expect skimping, then you are expected to pay. No two ways about it! As long as it is landscaping that you building is skimping you are fine. What about other essential services such as expensive equipment maintenance?

Finally and my very sincere recommendation: join the board to find what some of your fellow shareholders must put up by way of making ends meet at the larger house.

Alternatively, if my recommendation is not part of your plan and if you cannot afford it anymore, then it is time to think of your personal choices. I have already worked my exit plan, i.e., a camping tent, a winnebago, a house in the idillic mountains of PR where I can raise chickens, potatoes and plaintains and perhaps a cow to milk! No, I'm not being sarcastic; it's the dilemma that we all need to come to grips.

Unfortunately, co-ops do not have subsidies and you and I are the only sole supporters of the system.

Good luck!

AdC

"...a house in the idillic mountains of PR where I can raise chickens, potatoes and plaintains and perhaps a cow to milk.." sounds tempting!

Anyway, oil price this morning is at $2.7983 per gallon for #2 oil. Last year during the heating peak, we were paying $2.29. I anticipate a price of above $3.20 PG in the peak of season. As AdC pointed out, someone has to pay for this.

Boards do not like to raise maintenance every time there is a price increase that was not anticipated, but times are changing and I believe larger and more time structures increases are to, and should be anticipated. Temporary fuel assessments and higher inflationary increases are becoming the norm. These reluctant boards are trying to make up for not raising the maintenance as much as they should by cutting corners elsewhere. Depending on the individual personality of your building, this may or may not be a good idea.

TIP:
Have an assessment done of your boiler, heat timer (and settings), riser & return lines, building envelope, insulation, etc. and remedy all areas needed. Through this I have been able to yield a 15 to even a 38% savings in one other building.

~AR

also have nyserda do an energy audit of your building. it is subsidized and they will halep you save $. also write to the board and ask them to have the water bil checked. we just got 20k by doing this.

Who is a good heat consultant to check for the distribution system?

AdC

Interesting finding in our bldg. Our lobby is 30'x40" and not heated. It is of course warmer than outside in the winter, but people comment how cool it gets if they stop to chat with our doorman or linger for any reason. A door off the lobby goes to the back where our trash areas, laundry and bldg system rooms are. We recently emptied all the back rooms and had our exterminator locate and seal all holes, then the whole area was painted. There were a lot of holes and a few major fissures in boiler and oil tank room walls.

The purpose was pest control and long overdue maintenance but we're noticing how much warmer the lobby is. The walls and floors are marble so the lobby is cool even before temps really start dropping but the difference is already very noticeable.

Proof that sealing holes, etc. is a worthwhile effort. Our lobby is pleasantly warmer. As I said, it isn't heated but if it were, I'm sure the work we did would be saving us money on heating it.

What I usually do, is have the oil distributor (Castle, Metro, etc..) perform an energy assessment (Free of charge), then I do the rest. I sometimes use Lane engineering for the physical envelope assessment. I perform the distribution, return and system analysis myself. so there is no company I can recommend (maybe I/we should start one!?)
I realize that does not help many people here, so I will explain a few (10) things that you can do yourself to help. Of course there are many more...

1. Ensure all heat risers and returns are insulated as adequately as possible including exposed risers in apartments that are not being used for heat.
2. Ensure all domestic hot water lines are adequately insulated.
3. Have the super turn OFF the automatic water feeder in the boiler. Place a piece of tape at the current fill line and wait 24 hours. Then see how much water was lost. In this weather, anything more than 1/2 inch is too much and may suggest a problem such as water leaks in the boiler (Leaks outside the system can be ascertained by checking the condensation on the pipes at this time), or your return lines. If you have a heat timer with a return line sensor on this line, your boiler is running extra cycles for nothing.
4. Remedy any deficiencies from #3.
5. Sometimes heat distribution is uneven throughout the building. Some will complain about too much heat, some too little. This can be a different cause in different buildings. Two of the most common are: missing radiators on a riser (usually due to previous construction): there will be uneven amounts of heat in each riser - the remedy - tap valves. Another reason is that the air vent valves on the radiator is the wrong size for the location of the radiator. many supers have a hard time figuring which valve to put where and as a result, use the same one everywhere. I found in 100% of the buildings i looked at, I had to replace and reset all the valves. This is a topic that I can almost write a book on!
6. Always make sure that from spring-fall your boiler is set to "low fire" and readjusted in heating season. Otherwise you are burning 2X the needed fuel during those times.
7. Have the tubes and system cleaned regularly (important)
8. Have the heads of the burner cleaned (the super should do this every month)
9. OK, I cannot legally say to do this, or that I do it... on a marginal weather day, your burner waste sometimes double the fuel than a day with solid cold. It will continue the heat cycles all day to establish a temperature that may only be 1-6 degrees above the out door temperature. "many supers I know will turn the boiler on Summer during these days" I do not even get complaints.
10. Shop your oil, don't be afraid just because you have a long term relationship.. that may just be why your over paying.

~AR

Hi, Fred,

I've done a study of maintenance fees in Manhattan co-ops. If you're in Manhattan, respond here with your neighborhood and your monthly maintenance and the square feet of your apt (very important!), and I'll tell you if your maintenance is higher or lower than your neighbors'.

After all, everyone feels that their maintenance is too high. But as other posters have pointed out, taxes are way up, fuel oil is way up, utilities are up, insurance is up, and inflation is up.

The only thing that isn't up is the cost to ride the Staten Island Ferry. But those boats aren't comfortable for sleeping. Me, I'd go for the farm in Puerto Rico.

Paul, is there a specific reason? maybe you can elaborate a little more.

FN.

No. TRUST is the NUMBER ONE issue that makes a good coop/condo work. If I had to resort to recording, I would terminate the relationship with the vendor, staff etc. If I had to record the shareholder, board or Management office, I would hold a meeting to discuss why it has come to this, and if situation was not remedied, then I would look for another building. My job is stressful enough without having to watch my back, and if there is a lack of Trust, then what is the point?
Pgrech

We have had a number of residents, albeit a small percentage, who when they cannot accept or abide by a rule find it necessary to harass the staff verbally.

We had someone “steal” Halloween/Thanksgiving decorations and sent them a letter to return the decorations or be invoiced for the decorations.

In turn, they screamed at the building manager that they wanted the individual who reported them to be fired.

We have had an individual (an attorney no less) ask for special parking while work was in progress in the garage and when denied the resident called the building manager a Nazi.

Each day there is at least one individual who crosses the line and enters the work of improper behavior. Our staff need not be subject to aberrant behavior.

Sure, we could have our attorney write letters, but why send letters if a voice recording will modify one’s behavior?

That’s why I posed the question, as I am ambivalent in this situation.

"Sure, we could have our attorney write letters, but why send letters if a voice recording will modify one’s behavior?"

A board member does not get into this type of problems. Let the right professionals take care of the issues. For this reason, I always compare my work to a circus wild beast tamer. I carry a whip and a one-shot gun all the time.

I whip through management; I shoot my gun through the co-op counsel if they did not hear the whip. Discipline does not only come through the counsel's letter, but through the invoice that they receive bill for counsel intervention. When they see the invoice, they will get 20/40 vision if not 20/20.

AdC

This is why your manager should have plenty of honey and ice-cream to peacefully avert these things

~AR

Before turning the tape recorder on, you may want to find out what specific warnings you may have to provide to those whom you wish to record since consent may be required. Similarly, when you record, remember that you are also being taped. This was a problem with Nixon, the famous or infamous tapes. You must be extremely cautious as to what you say.

The best way to document is to MEMORIALIZE you conversation if important, i.e., date, time and what as said as soon as is feasible. If you feel that the person with whom you spoke requires the opportunity to clarify the message, then send the person the memo with your understanding of the conversation and let the person clarify if necessary. In this way, both parties have a document of basic understanding of an important discussion.

AdC

Great advice on this one from AdC

LOL, if they are calling the manager a nazi for not permitting special parking, imagine what they'd do/say if they knew he was recording them!

While it may be within your rights to record (Providing certain regulations are followed and 1 recorded party is consented), there may be other, more diplomatic ways of achieving your goal. Reviewing and evaluating your management style may be a good place to start. Usually, when there is disarray in any organization, a corporation, a family, an army platoon or even a building, accountability and change comes from the top down. So what I am suggesting is that it may be more prudent to evaluate the effectiveness of both the Board and management in different areas.

Sometimes my task as a property manager is to be a psychologist, psychiatrist and life coach to residents. While I believe the Board should not get involved in personal resident disputes (because, no matter what the outcome, you become the bad guy), it is the managers job to foresee, intercede and prevent situations as you are experiencing. Then, if they do occur, quickly and quietly put out the fire.

All that aside, I do tape certain conversations with certain residents, clients, etc.; but, only when I know there is a potential litigious situation. This has worked to my advantage recently when firing a local 32B Super.

~AR

Paul,the advise that I would give is to set up a meeting and bring all waring factions to the table to hash thing out. Short of that I would say call Dr. Phil or ask Valerie Plains? to go undercover again.

FN.

Suggest you can have your outside engineer draft a standard clause or phrase that is included in all contracts that provides a warranty or guarantee from the contractor to you for about a year against sinking, cracking, scaling, flaking, etc.

If it’s a very large job then it would be in the RFP + contract.

If it’s a small project with no real RFP just bids, then it would be in the letter agreement that is signed between the two parties.

Yes, if you are closing down the entire side walk, then you need a permit from Dept. of Transportation DOT.
You should have some written agreement usually it is in the form of the contractors proposal. Read the proposal and it should state who is responsible for the permit, and what kind of concrete will be used as well as any warranty. If this information is not supplied on the proposal then GET IT. Also, Cert of Insurance should be supplied by the contractor, but You (management) needs to give the contractor the limits of the insurance as well as who is the holder and additional insured. Most of the time a good management company will make sure that all of this is done? Ask your management agent. Otherwise, postpone the work until all the requirements are met. Make sure you do not loose your deposit if you postpone the work.
Who is running your building The Contractors or Management?
PGrech

Thanks very much, gentlemen! This is great information. We seem to have a breakdown in communication between Management and one person from the Board has been project managing this job. I have since requested he fax copies of all contracts and a work schedule to at least one other member of the Board so we know what is going on and can put the brakes on if all is not in order.

Peter gives excellent advice here. One more thing you may want to consider is - is this a vaulted space? Then there are waterproofing requirements and more info to obtain. Have a break out in the bid/contract for a set price per square foot, rather than the total contract price - this will set the price for any additional or unforeseen work upfront so the contractor does not charge a higher rate on the change order.

~Usually a regular sidewalk will be 3500psi or more
~ask for an early pour, and you want it to be all one pour as well to ensure consistency.
~Are tree roots underneath? Why is it "pocked?" and a liability? the removal/adjustment of any impedances will need to be spelled out also
~who is responsible to watch the newly poured concrete after it is poured and before it dries? Have the contractor take this responsibility so if someone writes or steps in it. he has to fix it.

OK, that was more than 1

~AR

Thanks for all the great advice! It was all very useful, helped us get a better contract and an guess what? Our cement guy was refused a permit by the DOT due to an outstanding violation he had. Anyone have any referrals for a small job in Manhattan?

What is the point of your posting:

1. The builidng does not allow to sublease a unit?
or
2. The builidng does not have a defined sublet policy?

If the first is question is the driving point, then read your Proprietary Lease (PL) Occupancy Section. If your PL happens to be the boiler plate type, it might well say that a guest or occupany may stay in the unit as long as the shareholder is in RESIDENCE. Obviously, a roommate needs to move if the legally domiciled resident does not live the unit unless the roommate happens to be a defined a family class member by the PL. If you are sending the maintenance to another address, WHY? Similarly, does the shareholder live the unit, i.e., does he come to sleep to the building every night, not just to pick up the mail, do washes and leave.

If your resident is on short business trips, of course, the occupant may reside the unit. However, if your resident has been out of the unit for a prudential time (2 or more months) I would get in touch with the co-op counsel and try to discuss the problem and even take appropriate action by way of a letter.

YOu'll be surprised how soon those cases are clarified.

AdC

It is the first (a written policy of No Sublets). We believe that he is using the roomate angle to get around it. He does not reside there with any consistency, nor is job issues at the root.

Remit the shareholder to legal and be done. As I mentioned, if the shareholder is out of the unit and the roommate (no longer roommate) has no relationship to the shareholder as defined by the PL, his occupancy has become a cause for termination of the PL under unauthorized occupancy.

AdC

Most proprietary leases or bye laws cover the subject
In ours it states that a guest may stay if the owner is also a residing with them and may stay longer but the owner must get written permission from the board.

If you have a policy of no subletting, your PL should establish a timeline for company, guests and house sitters and guidelines for new lessees.

If you wish to pursue the action, you must first establish, prove, document and substantiate [intentionally belaboring the point here] that the SH is subletting. Otherwise you begin legal for breach of lease and the SH quickly remedies the situation and you did nothing but waste money and time.

What are your objectives? To have the SH move back? To get rid of the other person? to sue for breach of lease? Just to enforce the Lease and remedy without litigation?

Documentation and proof is easy. If he owns the apartment, then you have his info in the closing file. Run a full check on his personal file (I use First Advantage) find out where he files taxes from, and what address his drivers license and major credit cards are attached to, of course where he receives his bills.

Then you can present him with the information and tell him to save the building time and himself the grief of losing an apartment by getting rid of the sublet. (remember, this is part of the documentation process also) If that fails, then you have the ammo in hand to provide to the attorney.

I have been fortunate enough to have a near 100% success rate using this system without having to use other resources.

Good Luck
~AR

Is it legal to run a full check on shareholders personal file without his permission?

Just as your mortgage company pulls your credit every now and then, my purchase applications have a court/credit request approval form that is signed. This form is made to be perpetual. With the laws changing on a constant basis, I would reccomend you run yours by your atty first.

Nevertheless, when we cannot find anything through that venue, we use an investgative service that is great also, and totaly legal. They find out everyting that we can't and are pretty inexpensive. Alot of info is public information that you can obtain without an authorisation or the hiring of help.

~AR

two helpful links:
http://www.fadvsaferent.com/products_services/resident_screening/index.php

and
http://www.94truth.com/?gclid=CIy78_i3vo8CFQNAgQodYle0Pg
or
Topher Tenant Investigations
9777 Queens Blvd Ste 1118
Flushing, NY 11374-3332
Phone: (718) 275-2532

No MN it's not legal.
If someone uses (FROM YOUR PERSONAL FILE) your name, SS#, date of birth, or other identifying information without authority it's a FRAUD, and shareholder may be able to sue in state or federal court. Board is not a mortgage company.
Shareholder is not a cheating spouse or lover.

for pointing out we don't live in a police state.

Yet.

Why to people take things out of context?
Do NOT misinterpret what I said, or take it in part, otherwise you will be in trouble with the FCRA.

As I wrote in my post

"...my purchase applications have a court/credit request approval form that is signed. This form is made to be perpetual. With the laws changing on a constant basis, I would recommend you run yours by your atty first...."

Because, landlords and property rental and management companies perform credit checks on potential tenants on a fairly regular basis, it is important they adhere to the Fair Credit Reporting Act (FCRA) requirements. The FCRA as a law puts tight restrictions on the procurement and handling of resident screening reports.

What we do, and how we do it is 100% within the law.
As long you adhere to FCRA rules, you should not face any problems, and for you to be in legal compliance with the FCRA, your disclaimer should read as under:

“....XXX Property Management Company has my permission to release information found in screening for any lawful purpose associated with tenancy of premises at any time prior to, or during my residency at XXXXXX. I authorize XXX Property Management Company to obtain credit reports, character information, verification of rental history, employment history, bank information, public records, and personal reference as necessary to verify all information set forth in this application. I further agree and understand that XXX Property Management Company may from time to time run additional reports to maintain the integrity of my information file.”

We have been doing this for 11 years without any problems. Of course there are other guidelines that must be adhered to. As I stated before, consult your atty first; you also should familiarize yourself with the full act.

If you are interested, the complete text of the FCRA, 15 U.S.C. 1681-1681u can be found at the Federal Trade Commission’s web site – http://www.ftc.gov

~AR

Last Action: Oct 4, 2007: Received in the Senate and Read twice and referred to the Committee on Finance.

http://www.govtrack.us/congress/bill.xpd?tab=main&bill=h110-3648

How does this affect your co-op. Obviously your interest lies with 80 20. Therefore, I would liek to know how 80 20 has affected your co-op and how you hope this bill will help.

Our co-op also hopes this will pass.

If an individuals short sales or has to foreclose on a property they would have to pay the income tax on the amount not paid. If the bill passes that individual will not be have to pay the income tax. But they would have had to occupied the property for at least 2 years.

So Time Warner's hold on NYC is about to be challenged? People in my building have long complained about TWC's annual rise in fees and threatened to quit the cable service. Thank goodness we qualified for a bulk rate discount. Our shareholders will start saving money in December.

may be no point in having a bulk dicount anymore... either that or you can bargain really hard wiht time warner now that you can have verizon come put in VIOS, etc.

Well Verizon FiOS is not available in my area yet and until it is there isn't anything I can do about it.

The FCC passed it today. Your existing exclusivity clauses are unenforceable. Time to go shopping.

http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-277763A1.doc
http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-277763A1.pdf

FOR IMMEDIATE RELEASE News Media Contact:
October 31, 2007 Mary Diamond (202) 418-2388

FCC Adopts Rules to Increase Choice and Competition Among Video Providers for Consumers Residing in Multiple Dwelling Units

Washington, DC – The Federal Communications Commission (FCC) today adopted a Report and Order (Order) banning the use of exclusivity clauses for the provision of video services to multiple dwelling units (“MDUs”) or other real estate developments. The Order finds that nearly 30% of Americans live in MDUs and these numbers are growing.

With this proceeding, the Commission is taking another step to foster greater competition in the market for the delivery of multichannel video programming. These rules will increase choice and competition for consumers residing in MDUs and other real estate developments. In this Order, the Commission prohibits the enforcement or execution of existing exclusivity clauses and the execution of new ones by MVPDs subject to section 628 of the Communications Act. Specifically the Order finds that:

• exclusivity clauses that bar competitive entry harm competition and broadband deployment and can insulate the incumbent MVPD from any need to improve its service.

• exclusivity clauses are widespread in agreements between MVPDs and MDU owners.

• incumbent cable operators have increased the use of exclusivity clauses in their agreements with MDU owners with the entry of LECs into the video marketplace.

• the use of exclusivity clauses in contracts for the provision of video services to MDUs constitutes an unfair method of competition or an unfair act or practice under Section 628(b).

The Commission also adopted a Further Notice of the Proposed Rulemaking (Further Notice) that seeks comment on whether we should take action to address exclusivity clauses entered into by DBS providers, private cable operators, and other MVPDs who are not subject to Section 628. The Further Notice also seeks comment on whether the Commission should prohibit exclusive marketing and bulk billing arrangements.

Action by the Commission, October 31, 2007 by Report and Order (FCC 07-189). Chairman Martin, Commissioners Copps, Adelstein and Tate with Commissioner McDowell concurring. Separate statements issued by Chairman Martin, Commissioners Copps, Adelstein, Tate and McDowell.

Hi, all--

My name is Frank Lovece, and you might have seen some of my stories in Habitat. I did the story on pet policies recently, for instance, and one on shoddy new construction, among others.

I need now to speak with board-members for A NEW STORY -- about how the FCC's recent strikedown of exclusive cable contracts may affect your building.

PLEASE CONTACT ME at franklovece@copper.net if you're interested in speaking with me by phone for 10-15 minutes Tues. or Wed., Nov. 6-7, for my story.

Thanks--
--Frank