If they're doing it where you can see it, they're saying "bye-bye" to their privacy rights. So ...

Get yourself a video camera, connect it to your computer, and put them on the web --

LIVE FROM APARTMENT XXX, 123 MAIN STREET!

Charge money for it! Get someone to blog on it! EVERYone will be talking about it.

And once online it will be there forever!

Excuse me but the suggestions to Tom that he record the intimate acts of the people who leave the shades open and put them on the Net were inappropriate and childish. They also don't answer his question. He doesn't want to see this from his terrace and he asked what he can do about it.

Tom: If the super says that coop won't do anything because those people are wealthy and powerful, talk to your lawyer. Maybe you can get their name and send a letter respectfully requesting that they draw their shades. Maybe the letter should come from your lawyer. You can probably at least figure out the apt number and send the letter to "Residents of Apt XX". Or send it to the coop's board. Let your lawyer advise you on this. Another alternative may be to call the police - not to report them but just to ask what you can do.

Respectfully, BP, I'm not so sure that those suggestions were inappropriate. Ever since Rodney King, people have been visually documenting activities they find wrong so that they can furnish such documentation to people or agencies that may be in a position to take concrete action. I don't think that there's anything wrong with documenting those activities and their context. (Though I do think that it would be inappropriate to charge for it!) Get concrete proof to buttress your case.

Also, to AdC, Tom's own co-op board may take issue with him constructing barriers on his terrace.

Do talk to your lawyer, though, Tom. Good luck!

GK - OK, I'm for videotaping things people feel are wrong so they can give it to people or agencies that may be in a position to take action to correct it. What I meant was I'm not crazy about more videos of people engaging in intimate behavior (and charging for it - ugh) on a website. Aren't we overloaded with that kind of stuff on the Net already?

"Aren't we overloaded with that kind of stuff on the Net already?"

(lol) We are indeed.

The problem is who draws the gun first! In your case, your "rich and powerful" are probably unaware that they are providing a free show that may not meet the expectations of the captive audience.

In your case, you may opt for privacy shades in your balcony too! If the site of two lovers is embarrasing because you are concerned for your children or friends when they visit you, then you must limit your view and those of your friends by building your own barriers.

As adults, we can train our eyes not to go in the direction of the Lovers of Verona that would go beyond the balcony scene. Unfortunately, they are in the intimacy of their apartments and they may, e.g., run naked and do other things that may not meet your approval. I am thankful that the problem happens in the view of a few, but not at Central Park where they will be exposed to all as long as the public censors (the police) take them for appropriate violation.

You have a tough one that I'm afraid you will not resolve to your satisfaction.

AdC

While I respect your answer (and have read many of your previous responses)I would like to elaborate a little more. I am of the opinion if you are paying a hefty price for an apartment with a view then you should be able to enjoy it.
(not the case here). You briefly mentioned screens/barriers?this will not work on our terraces. This individulal is very much aware of what he is doing as he purposely opens the shades, has high powered lighting, and tapes his activity. Hate to say it but these are orgies. Should our tenants, guests, and young children be subject to such activity, I think not.

Tom

Tom: Your neighbor "purposely opens the shades, has high powered lighting and tapes his activity" ? Apparently, you see a videocam and more than intimate activity in his apt.

I found some interesting court case notes on the Net. I've copied them below. Read them carefully. It would seem that your neighbor is guilty of indecent exposure, a criminal offense. It would also seem that the answer to your problem is clear. Call the police when activity in your neighbor's apt is going on and let them see it for themselves!

CORE CRIMINAL LAW SUBJECTS: Crimes: Indecent Exposure

United States v. Graham, No. 01-0227 (in order for the indecent exposure conviction to be legally sufficient, the evidence must show the exposure was, among other things, "willful," "indecent," and in "public view." -
exposing oneself while in one’s own house can constitute the offense of indecent exposure, as long as it is willful).

United States v. Graham, No. 01-0227 (there are two distinct types of indecent exposure: (1) exposure in a public place, the very fact of which tends to prove it was willful, and (2) exposure that does not occur in a public place but which, instead, occurs in a nonpublic place such as one’s privately-owned home; the mere fact of this second type of exposure does not prove it was willful, but it may still constitute the offense of indecent exposure if other evidence proves that it was).

United States v. Graham, No. 01-0227 (appellant exposed himself in the bedroom of his home – clearly a nonpublic place; but he did so willfully by inviting his babysitter into the bedroom and then allowing his towel to drop in front of her; in this way, he made certain that an unsuspecting and uninterested member of the general population had no choice but to see him naked; that is indecent exposure).

United States v. Graham, No. 01-0227 (the focus of indecent exposure is on the victim, not on the location of the crime - the offense is committed regardless of whether it takes place in the bedroom or on the street; the purpose of criminalizing public indecency is to protect the public from shocking and embarrassing displays of sexual activities; a person need not be in a public place to be a member of the public).

United States v. Graham, No. 01-0227 ("public place" means a location that is public; and, consistent with a focus on the victims and not the location of public indecency crimes, "public view" means "in the view of the public," and in that context, "public" is a noun referring to any member of the public who views the indecent exposure).

Our House Rules state: "All windows must be equipped with shades, drapes, blinds, or other appropriate window treatment befitting a residential building."

Although our House Rules have been revised several times, the original House Rules would have said something similar and I wouldn't be surprised if other buildings have such a rule. Maybe you could ask the Super across the road to check?

Angela

The problem here is Angela he has them. He just feels it is not appropriate to use them I guess.

Tom

I agree that once its on the Web, its there forever, and you could be moving into very tricky territory.

Have you called in other witnesses. Board Members, neighbors, and manangement.

Go to your local police station. They have a division that can give you advice. Fill out a complaint. And sign it! The record, witnesses, complaint discussions,,, will back up your case.

Document and keep everthing. A one-sentence Email is documentation.

I do agree, that since its obivous they know what they are doing, you could vido tape it for evidence --BUT, do have as many diverse witnesses as possible.

The guy obviously likes to be seen, maybe he feels more powerful on display.
The Board in his building obviously is aware of this and does not wish to confront him due to his status. This plays more into his power in that he can do what he wishes, and when.

Both are guilty of class B misdemeanors and can be held liable. Perhaps if you cited the code (below and linked to) to the Board, and informed them of your intent to file formal complaint and charges, in addition to suing each of them corporately and individually for breaching their fiduciary duties as a Board member, this alone will be enough to make them move to action. If not, follow through.

the information you need is below, with a link to its source.

ARTICLE 245
OFFENSES AGAINST PUBLIC SENSIBILITIES
Section 245.00 Public lewdness.
245.01 Exposure of a person.
245.02 Promoting the exposure of a person.

http://caselaw.lp.findlaw.com/scripts/getcode.pl?frame=right2&code=NY&ls=claws&law=82&art=61


Good Luck,
~AR

How about if it bothes you, DONT LOOK. I am sure he, she they dont go forever.

It really does not bother me but we have a lot of shareholders that have terraces on that particular side of the building with very young children. Should I not be able to enjoy a nice quiet evening on my terrace without seeing this. I think so.

Tom

Tom, sorry. Didn't mean to sound the way it did. Guess you have to be in that position (no pun intended) to see the gravity of the issue.
Kids are always a factor that need to be protected. If it was me I would take a few pictures and post them around the neigberhood.
Pg

Please, remember that the Lovers of New YOrk (sorry, for locating them in Verona) happen to be in their own apartment and in their own bedroom.

For other people to take pictures and other form of filming may get them in more trouble than the intended purpose. If there is anything to be done, call the police, consult your own attorney now that AR has given you some very valuable information.

First, I am confused because if they are in the their bedroom, only perhaps two to four terraces (not a lot of terraces) will have the priviledge of what are considered "orgies" during unpredictable hours of the night since they using bright lights. Only apartments in direct line with the apartment's bedroom in question can see the inside of another apartment, unless the orgies happen to be in the fire escapes, at the terrace edge or by the windows.

Although, Tom, you read my answer before and found it a bit insensitive, I also find your problem a bit like being disturbed by the sight of a bee polynating a flower when you are standing at the rim of the Grand Canyon.

Your terrace with the view, seems to have more attraction around than the brick structure across the street, 50 - 100 ft away, from your building and the two individuals conducting an orgy across the street.

So, act discretely and make your actions concrete.

AdC

While I respect your answer, am I not correct (and all others) in saying that I should be able to sit on my terrace without seeing "this show". One has to remember that there are a lot of sharholdres with young children in the building and they may be not aware that little"Johnnie" and "Mary" looked out their bedroom window and guess what they say. Would this not have a physchological effect on the children. And just to throw it out there, this is not a husband and wife/girlfried.

Tom

John, here in Manhattan there are a number of " supers clubs" that have employment committees etc. e.g. Emerald Guild, Hibernia association, NY Building Managers assoc, to name but a few. I would say respond to this site with a brief description of the property (number of units,staff,job description,compensatin package etc) and lets take it from there.

FN.

Job positings and more http://www.nysupersclub.org/jobssupers.htm. Good luck

John, maybe you should contact the management company and ask them, they sometimes have handymen in other buildings that may want to move up to being a superintendent.

Good luck

You already have trusted contacts that your building employs, e.g.: house electrician, mechanical engineering firm, HVAC firm, plumbing contractor, fire detection system firm, compactor maintenance firm; elevator repair firm, painting contractor firm, etc.

All deal with superintendents in your neighborhood. They usually know who is looking, who might be interested and who is "good".

Your managing agent did not inform you correctly.

It is the shareholders responsibility to apply for the star/veterans/clergy tax abatements. The Cooperative and Condominium Abatement yo are refering to is provided to each apartment (with exception to sponsor and investor units). It is the managers responsibility to update the form sent to them each year by the NYCDOF and return it on time. However; even if he neglected to do so, and unless it was an exempt unit, you still should have recieved an abatement under the prior residents name, then transferred to yours.
Also, 14 months indicates that you will be missing the 07-08 abatement also, so make sure this is done.

You can see the website below for more info, call your manager, his director if you must, but do not lose out on this.

http://www.nyc.gov/html/dof/html/property/property_tax_reduc_individual.shtml


Best
~AR

Hi, Michael,

Did you buy your apartment from the sponsor?

Steve

In addition to sponsor units, there are individuals who do not file for the credit or abatement because the unit was not their primary residence or just PURE AND SIMPLE NEGLECT.

However, don't worry about it, when you receive an abatement you must declare it through your tax form. Therefore, your tax deduction is reduced. So, in all, your tax contributions continues to be perhaps the same or perhaps you may safe a couple of $$.

AdC

You can also email Ata: (he works for the DOF, and is the one to process the applications) He may be in a position to assist you better by explaining exactly why you did not recieve it and what you can do now to ensure you are going to recieve it going forward.
He has helped me alot in the past.

CoopabaT@finance.nyc.gov

~AR

My answer is below; however, it begs the question.. Controversial? why is the rest of the board, and the sponsor against this person, maybe there is some just cause? Ususlly when its the whole world against 1, there's a reason. Is the candidate really good for the Board then? good for the building? the corporation? or his/herself? Just a question.

If you are correct in what you say, then...

Unfortunately, when it comes to voting, there are no precidents. Each Shareholder, including the sponsor may vote (or not vote) thier shares in any way they like.
This person may wish to campaign thier cause and desire to become a Board member amung the other shareholders to obtain a larger amount of votes; perhaps gather proxies from other shareholders that are not attending, etc..

at our building the board votes as a whole and the minutes reflect the total for and against. There is no names mentioned unless a board member wishes it stated for the record how she or he voted for the issue.
Pg

If Shareholders dont know the voting record of Board members, how are we to judge thier business acume, knowledge of the building and personal or otherwise agenda.

This is how we judge our elected leaders.

We have two board members whose voting records have been a financial disaster for the building. (the also kept a lying/stealing super on because of personal favors) But they both are brilliant communicators. (makes excellent speeches at SH meeting) Fortunately a shareholder took the inicitive and after questioning each board member, published thier voting record. We voted one off the board, and basically nuturlized the other...

If your board members are lying and stealing, vote them off the board! Knowing the way they vote isn't the issue, it seems.

As has already been mentioned, once a decision is made the board acts as one. Individual votes do not need to be recorded (I can't imagine any attorney suggesting such a thing) in part because Americans love lawsuits, and New Yorkers in particular. You'd be surprised, Alice, how many people will find the smallest reason to threaten a lawsuit.

If you want to know how board members feel about an issue, ask them! If they don't answer, don't vote for them!

Wish it were that simple. Voting someone off a board, is not that easy. And without going into the long answer, everyone at Habitat knows this. The reality is that its not easy.

I agree about the lawsuits, but the Board has to be accountable. And, as long as Board members vote in good faith, without a personal agenda or otherwise, there should be no problem in publishing thier votes.

It took us four years to get rid (two finally moved) of our problem board member. The Sponsor still has a major block of votes, but he finally realized (after the third raise in maint) that this guy was the problem, and all the little favors he had been getting no longer added up.
The Shareholders who had been his supportors, were finally getting the picture, but it took us FOUR years...

I certainly wish that making big changes were easy. To be fair, I don't remember anyone who posts here saying that voting the bozos out is, in fact, an easy thing to do.

It takes a lot of effort by one or two or several shareholders to make their neighbors realize what's' going on around them. And even that is a big challenge because people either want to believe that their leaders are honest people devoted to the common good or, what's worse, they're apathetic.

So congrats on making a change in only four years.

I'd like to add one other point. Just because there are maintenance increases doesn't mean there's a problem. In fact, without knowing the size of the increases you're referring to, I would say the opposite is the case.

That is, if maintenance fees are NOT going up, there's a problem.

Now before you think I'm a crook or just bonkers, remember this: In July your water & sewer rates are going up 11.5%. In March, your electricity rates may go up as much as 17%. Oil prices (to heat your water, if you have a boiler, and to heat your apt, if you have steam heat) have doubled in my three years on a board. Insurance rates after 9/11 have gone up 10%-25% or more. On top of that, the cost of the floor cleaner your super uses, the light bulbs, and even your lawyer's hourly rates are higher now than a couple of years ago.

So without a maintenance increase, your board would either be spending down its reserves to finance operational costs (a big no-no) or it would have to buy its supplies & professional services from some magic kingdom where inflation doesn't exist.

Everything from the price of a bagel to medical insurance is more expensive today than it was five years ago. (Except the Staten Island Ferry. That's still free.) So take this as tough love: You're a home owner. Get used to paying for the privilege.

Steve, Thank you for your supportive words. And yes, apathy was originally our problem. But as the expenses went up, this began to drain away. For years noone came to the SH meeting but we now have almost 85% of the Shareholders represented at the SH meeting.

We also know that everything is going up, but unfortunately the maint increases in our building are only a very small part of the picture. And there is not enough room to go over the mis-handling (financial and structural) of our building for the last 20 years... Everytime the board peels away a layer, they find new problems.

But, the good news is that we have a new board, who understands that they are running a business, are working together, and hopefully will put us on solid footing.

I'm glad to hear that you're able to see things so positively, Alice.

When I was a political science student, one of the basics of elective democracy we were taught was that the more comfortable people are about how things are going, the smaller the election turnout. Not until the people get upset does turnout go up. So your building is exactly typical in that regard.

As for your other problems, our board tells new owners a story not so different from yours. We've been a co-op for a couple decades, but in the 90s, when the economy took a real dive, there were more than a dozen defaults in our building. Maintenance was not being paid, and the physical structure was not being maintained. Because people were on the edge financially, maintenance was not raised (or was only marginally), leaving the corporation barely able to pay for its monthly bills.

Then things got better. We enacted a flip tax, which has given us a comfortable reserves fund that had never existed. Every year for the last few years we have had a small maint increase (1% to 2%). And we've been able to complete some significant capital improvements through careful planning and an assessment.

The building is in much better shape physically, as well as financially, which makes it more valuable both for the long-term residents (who benefit from a sound structure) and for the sellers (who can promote the improvements as a selling point).

So keep faith. And hey, why not run for the board yourself? It seems as athough you already know more about how the building is run than even some board members. What's more, you care! And that, honestly, is what makes all the difference.

Steve,, Again thank you for your encouraging words. Because the old board had too many agendas of their own, and were making individual SH happy so they could have thier proxy, things like the flip tax was ignored. But it was the first thing that our new board voted in.

So we are on our way. And by the way, it really was a few dedicated individuals, who plan to live here long-term, who started and kept the revolution going. But we could have NEVER done it without Email. We stopped a lot of non-sense (renovations without permits, illegal sublets etc) with "Email Power". All the board and Mange need to see is a few emails come in, and they begin to backtrack very quickly..... So do pass this along.

This is the way most buildings record votes (as Pg states), or should.
The minutes reflect how many for, how many against, and abstained. If a particular member wishes thier vote to be recorded with thier name, it may be done.
You are a Board, a team, when a vote is passed, it is passed as a majority and that’s really all the shareholders need to know.
The other Board member(s) know who is the one always going against the grain, or voting for his/her own benefit, and as a result, can vote against that person come the next annual meeting.

I see this from our Board President receiving complains because one Board member is never recorded as voting against various questionable issues. Please advice!

"What.... does not understand, and any one involved in any coop can tell you is that debate and disagreement that goes on when it does go on behind closed doors is not appropriate to present in board minutes, which are used above all for the lawyers of potential buyers to evaluate whether a building is a sound investment for the potential buyer to be making.
Time and time again, ......would like to see “his voice” and “his opinions” expressed in the meeting which would be devastating to anyone trying to sell, as our building would be seen as troubled or at the least, in some sort of divided and tumultuous state. A lawyer would tell a potential buyer to avoid our building based on the discussions the minutes. The less said in board minutes, the better for all investors Minutes do not exist to be a manifesto for minority or majority positions…they are supposed to be almost telegraphic.
So besides the deeply paranoid and troubling sentiments expressed, as he is just plain wrong about both the collusion and deceit at work, he is also poorly informed the purpose of board minutes as the place for his positions to be reflected. This has been explained to him on numerous occasions, but he does not seem to get it and continues to harp on this issue."
Miriam

Once the board is done with a purchase package, the package is shredded. Our building purchased an industrial type shredder. The other option is to hire a shredding company, where the truck pulls up to your building and you can throw the package into the shredder.
PG

We do the same in some of my buildings. The packages are shredded in the Board room at the meeting it is discussed at.

AR

In our 500 unit co-op in NJ, each board member has a file cabinet drawer wherein confidential corporate papers can be storied and retrieved. This includes application packages.

Nothing is distributed to a board member unless it is in an envelope sealed with tape.

We have an industrial strength shredder (confetti, not strip) as there are now programs that reconstitute shredded documents. In Iran, after the shah was overthrown and the US Embassy overrun, the bags of shredded US documents where given to Iranian weavers who reassembled the pages.

We also have an external service that comes to our building and shreds (pulverizes) materials for us and provides a certificate of destruction.

Documents not immediately shredded are safeguarded in a locked cage.

Application packages are either destroyed immediately or safeguarded until destroyed.

Likewise corporate financial documents, arrears, payroll registers, etc. are subjected to the same process of shredding or safeguarding until destroyed.

None of these materials are discarded via the recycling route.

At the end of the interview, board members return their packages to the applicant. If there's no interview then the packages are shredded.

We also return the resale package to the applicant.

Why return to the applicant?

What if a board member made a notation in the package and then you decline the applicant?
The notation might serve as a basis for a suit.

Suggest you don't return, but shred instead.

We are smart enough not to make any notations on applicant's package.

Applicants like the fact that they get back their info.

If an applicant is refused we keep one copy in the office filed under "refused" This info is necessary if you go to court they want to know how many other applicants have beeen refused.

"Why return to the applicant?"

In our building, purchase packages are returned to the applicant, which I think is very smart. Computer technology has made life better in so many ways--but it has also made things like identity theft much easier. If I hand over to a group of people a packet containing all of the information necessary to steal my identity, I'm much more comfortable knowing what exactly becomes of that information.

What if a board member forgets to shred the packet? What if a board member accidentally throws the packet in the garbage, and it falls into the wrong hands? What if (god forbid) a board member is unscrupulous?

Much better imho to let the applicant have full control over his or her most personal information.

One change that has been made in our building recently: purchase packages are no longer left in front of board members' doors by the management company. The last board raised that as an issue when a packet went missing. (The board president wanted to maintain that way of doing things, but wasn't able to work his voodoo on the rest of the board and was outvoted three to one. Buy packets are now distributed by hand.)

The most practical method I think (mentioned by another poster in this thread if I remember correctly) would be to leave the buy packets in a locked storage area/box where they could be retrieved by board members.

The Co-op should be fix the plastering,sanding and one coat of paint if the damage was from the roof leak.

Interesting what you are saying? Usually you get the top floor affected by water penetration thorugh the roof. However, there are reasons why sometimes water bypasses other floors, e.g., water goes down through a riser, beam, exhaust duct walls or other structure that allows water to travel with minimal or no damage to other apartments. However, the upper floor will sustain the damage.

My answer is the same: if you are sure this is a roof leak, the co-op must take care of the damage in a professional manner. According to the proprietary lease, the co-op is responsible for, not a coat of paint, but repair in a professional-like manner and PRIME. Sometimes, and depending on the extent of the damage (if small enough) and as a gesture of good will, if the resident has paint of his/her aparmtent, you may just tell the repair person to apply it after the damage has been primed. However, you do not want to start a precedent by doing a whole room, etc.

AdC

Board of Director’s Code of Ethics
National Association of Housing Cooperatives

The NAHC Board adopted this Code at its May 2002 meeting and each issue of the Cooperative Housing Bulletin since then has highlighted one of the articles. The code appears in its entirety and lists examples of what each article means.

I tried to cut/paste it here, but it lost the numerical formatting. I would be happy to email it to you if you wish.. send an email to my address.

~AR

I'd like to see a copy of the NAHC ethics code ... how do I get your e-mail address, AR?

Just click my initials up top.
reapllc@aol.com

http://www.coophousing.org/codeOfEthics.shtml

Have your exterminator treat the apartment and inspect all the apartment around it, upstairs, next door. They will spread like wild fire if you don't act right away!

I am of the opinion that you should not inform the entire building as it is not a life or death situation. Deal with the problem by having a top class extermination company addresss the situation right away. The question I would ask myself in a situation like this is, Al (if it were your apartment would you like the whole building and beyond knowing that you had bed bugs)

Hope this helps

FN

My mother knew then well as it was a major problem prior to the war years. As a child of the '50, I did not have to contend with them thanks to DDT, which is no longer in used as a pesticide and probably banned, except for state emergency situations. Old box strings and mattresses were fastidiously washed with muriatic acid or exposed to the sun. However, she always commented the following;

1. Bedbugs traveled in clothing left over an infested areas. Therefore, if you were to go to people's houses, you did not sit (as a young person) in a friend's bed or left a coat on a bed, but expected to be hung.

2. Cane furniture (old trolley car seats) was a good source of bedbug infestation. Passengers got bedbugs from these sitting areas, which were brought home and other places.

I don't think that bedbugs will invade other residents unless the resident brings it out by way of sitting in lobby furniture, through laundry or even newspapers and magazines disposed thorugh compactors.

Nonetheless, the co-op should offer exterminating services and try to clear the focus of investation to avoid bedbugs in laundry rooms or even lobby furniture if the resident with the infested furniture and bed happens to use such facilites. You may charge the owner of the apartment or decide, for the benefit of all to absorb the cost.

AdC

I hate to inform you of this but bed bugs can invade other apartments, they climb the walls and go through and underneath walls to other apartments. If a apartment has them and they don't treat the area right away, the problem gets worse. They should have the apartment sprayed and insert tracking powder inside of the electrical outlets to reach inside of the walls. (It does work).

You are right about the DDT chemical, but there are other chemicals out there the exterminator uses.

Good Luck.

the following is from the NY Times (archive) Bedbugs have raised a thicket a questions for tenants, landlords and homeowners. Some renters have gone to court to compel their landlords to exterminate the pests. Co-op and condo owners are typically responsible for infestations in their apartments. And bedbugs can move easily from one apartment to another. Getting rid of them can be extremely difficult.

Michael F. Potter, an urban entomologist at the University of Kentucky and an authority on bedbugs, said they were poised to join the ranks of cockroaches and rats as the pre-eminent household pests in the country. “This is one serious issue,” he said. “This will be the pest of the 21st century — no question about it.”

read the rest here: http://www.nytimes.com/2006/10/15/realestate/15cov.html?ex=1181880000&en=be07411999c5008a&ei=5070

Regardless of responsibility, no one wants an epidemic and the Coop should move to remedy any situation ASAP.

good luck

~AR

Just saw this in the new Cooperator online

http://cooperator.com/articles/1430/1/Domestic-Terrorists/Page1.html

I think that the board of a coop has a duty to warn the other shareholders as this type of problem has a financial impact on a coop's value and the board has liability to protect the coop. If they are not warning residents, they are part of the problem as there are many routes that the bedbugs can travel throughout.