Both of them go hand-in-hand together. Speak with your co-op counsel, who should have written a series of letters to your resident. If not,then gather all the management correspondence and police reports, speak with your consel and let him/her guide you to a successful termination.

Finally, whether the person is gainfully employed or not, is not an issue since there is no such thing as persons only to be gainfully employed may live in a co-op. Otherwise, you would not have retired people who might have been gainfully employed in the past or someone who is just trading stocks in your co-op.

AdC

are they really, honestly drug dealers or do you just not like the looks of the friends and others?
what sort of inceidents that have required police?
you need to present more facts otherwise this seems like a personal bias and the tenant / ans shareholding parents could sue you for slander or character defemation or any associated acts of bad faith.

I have no personal agenda and have been the lone holdout on this board until recently. I can no longer look the other way as this is a serious safety issue (fires, fights, urinating in stairwells, noise, damaged common areas).

We have confirmation of the drug dealing and the poilce incidents are well documented.

I do agree with Adc that not being gainfully employed has nothing to do with it.

in that case, document everything with dates and times and police reports. you could also tryi imposing fines for trashing any public spaces.
also, try calling the parents.

You can also contact your community affairs officer through your local precinct.
He will work with you, if you have the documentation on the drugs that you say, to bring a holdover and evict them on the grounds that the illegal activity in itself is a breach of lease, the rest is gravy.

Have other residents back you by signing letters.

~AR

we are a 52 unit coop Forest Hills, Queens. We have unmanageable managing agent. We are looking for information on two issues:
1. What can we do to control Managing Agent? He absolutely ignores the Board requests.
2. Can somebody recommend a good Managing agent?

You should never have to "control' your managing agent. Either they manage the building, or they don't.

Have you taken this up with his/her superiors at the management company? If not, that is your first step, if not, then its time to shop.

There is another recent post on here with regard to hiring a new managing agent you can refer to for more information on that. You can email me directly for assistance if you like.


~AR

Try contacting Matthew Adam Poperties, Inc.
(212) 699-8900 Ira M. Meister

Try contacting Matthew Adam Properties, Inc.
(212) 699-8900 Ira M. Meister

There is a (relative recent) case on the books, that was written up in the NYTimes about a board kicking out a coop owner, perhaps you can check the Times archives.

Documentation is vital. Even the smallest incident. And going over and meeting with your local police will add to your case. But you have to take the uncomfortable step, and sign a complaint or write letters.

We have a problem in our building, but the neighbor/owners just wanted the board to do something, but until they started writing their complaints, it was hear-say, and the boards hands were tied.

What happens to the unit of the shareholder whose lease has been terminated for objectionable conduct? Does the apt become property of Co-op or revert to the bank? Is there a time frame in which the kicked-out shareholder gets to try to sell the unit?

As others have suggested, first contact your co-op lawyer.

He/she will help you figure out how to terminate the lease of this person.

It can be done. Most (but not all) proprietary leases say something similar to this: A proprietary lease can be terminated by a vote of two-thirds of shares, or their proxies, at a special meeting duly called for the purpose of terminating the lease of the shareholder in question.

I don't envy you, but your problem shareholder sounds like the kind of person who's workth the effort to get rid of.

Reply to Terrace OP. Sorry for using the Anonymous label. My apologies!

AdC and AR, thank you. It's good to get different opinions.

I believe the question should not be "......a nice thing to do?.." The Board is not in place to be nice, but to fulfill the fiduciary responsibilities that they were voted in for; in other words, ask rather:
Would reimbursing them, either whole or in part for the square footage used, benefit the coop as a whole?
What happens next time if you don’t reimburse them this time?

Is the penthouse terrace allocated shares? is so, then it is part of their apartment unit and my personal belief would be to pay them an agreed amount based on the space/share allocation. If it were your living room they occupied, you would feel the same, no?
I also believe that at the end of the day, the coop will be benefited by this decision, in that it would cost you more in construction fees if they had to stage elsewhere, a shareholder is more apt to permit access next time it's needed, the staging permits the work to move along faster...

Also, ensure the contractors (at their expense) leave the site better off than it was to begin with..

~AR

I would go for the lawyer's advice if the PL is silent and the co-op is responsible for repairing the penthouse terraces. While the terraces may be for the exclusive use of the residents in the penthouses, in your case the board is taking care of the common good, i.e., the facade and potential liability of the entire building. As AR states, the board is exercising its fiduciary responsibility to meet the requirements of the law and making the builing safe. If the terraces were to be repaired, the co-op would not abate the residents for repairing them. So, let them bite the bullet and take care the good of the entire building too!

AdC

Which issue of the Super's Club Newsletter did you read this? Very interesting! Thank you.

June issue - i think it starts on page 2 or 3. available online.

contact Dick Koral at 718 552 1161. He is the Secectary of the Superintendents Tecnincal Assoc., AKA Supers club. He is also on the committee for the Bio dissel program.
Pgrech

you can read the artical by going to www.nysta.org look for the newsletter page.

may be that this rebate is only valid until June 30th if not extended. also is it diesel or no. 6 no. 2 mix?

I dont know too much more, However, We are arranging an INFO Seminar about Bio-Dissel fuel with the Council of NY Cooperatives and condos, and two other Owner groups. When I have more info I will let you know as we do not have a date yet, we believe it will most likely happen in September. The announcement will be printed in the newsletter and posted on the STA web site. I am proud to say Supers club has beween working with NYSERD and Cornell University for over two years on this program.
Pgrech

Does the burner need a oil/diesel conversion, or is this a mix for any #2,4,6 oil?
I would apreciate any additional info you have on this... thx
~AR

The biodiesel / home heating oil and who markets it, legislation and a ton of information is available is anyone uses the following link:

http://www.biodiesel.org/

For clarification, biodiesel for home heating is not NO. 2 and No. 6 blend. Such a mixture is Heating Oil No. 4 and there is no rebate for No. 4.

AdC

ASc_ please check your facts. obviously you are not talking about the same thing. we spoke to Metro who sells the heating oil B20 for no. 2 and no. 6.

I read your message briefly and did not catch that the bio fuel is to be mixed with either no. 2 or no. 6. My take was a mixture of hydrocarbon based oil mixture of no. 2 and no. 6 which makes no. 4.

Nonetheless, the site I offered (which is the biofuel association) offers a wealth of info on biofuel and a directory of companies throughout the tri-state area that offers the product in question.

AdC

Subletting and renting rules must be in your bylaws if you wish to enforce any prohibition.

Our co-op has a rule that there are absolutely no sublets.

You might be able to enforce something retroactively if your proprietary lease document stipulates that only those on a “proprietary lease / stock certificate” may live in the unit.

= = = = = = = = = =

We are now in the throes of converting our 500 unit coop to condo. (As I have previously noted in other postings, we do not have any underlying mortgage so our path is significantly less onerous than the path faced by others coops. Likewise, we have not shirked our responsibility to fund capital improvements.)

We have learned in NJ as a condo association, we must allow rentals, but we can impose restrictions. By the way, this requirement to allow rentals is not a legal requirement in Florida. States differ.

Our planned restrictions will include:
1. One must be an owner for two years before one can rent. This avoids buying for investment purposes to rent only.
2. There will be a minimum of two years on a rental. This avoids transient populations.
3. The condo owner must pay a fee to the condo association up front. This avoids, “oops”, they skipped and we want to rent again.
4. There will be a limit of 20% as to the number of units that can be on rental at any one time. This avoids becoming a predominantly rental property. Conversely, this still maintains an 80% owner / resident population. Of note is that until five years ago, the sponsor owned about 20% of the units and thus we did have a rental population with no adverse affects, as the sponsor screened all rentals. The sponsor slowly divested its units over the past five years.

= = = = = = = = = =

Separately, I have researched the question of rentals, and I have found that there are additional impositions that can be enforced:
1. There can be a limit as to the dollar amount for which a unit can be rented.
2. A surcharge can be imposed, if an owner wishes to exceed the 20% limit.

At this time, we are reviewing changes to our coop bylaws that will be carried into the condo association bylaws. So, all the above is under consideration.


= = = = = = = = = =
Are there any other thoughts for the originator of the question or to our conversion plans narrated above?

Who are the firms that can convert a co-op property?

.

In turn we are employing the services of a firm that has a long history of coop and condo sponsorship.

Note we are unique as our coop does not have any underlying mortgage and we have not shirked our responsibilities in funding capital improvements.

The firm we are employing is:
Arilex Realty Corp
1000 Portside Dr
Edgewater, NJ 07020
(201) 943-6030

If you elect to call Arilex, ask for Jimmy D. and indicate to the staff that Ted made the referral. I spoke to Jimmy this evening and indicated that I would be posting his firm’s name.

We are very interested in talking to you regarding your conversion to condo. Could you give me a call?
212-505-2030 ext. 3007.

XXXXXX CORP.
XXXXXXXXX AVE, NEW YORK XXXX

POLICY FOR SUBLEASING

1. Definitions. The following terms shall have the meanings respectively ascribed to them:
(a) Applicant refers to a person who proposes to sublease an apartment in the building owned by the Corporation from a Shareholder.
(b) Board means the board of directors of the Corporation.
(c) Corporation means XXXXXX Avenue Corp.
(d) Effective Date means June 26, 2003.
(e) Proprietary Lease refers to the proprietary lease between the Corporation and the Shareholders.
(f) Shareholder refers to a Shareholder of the Corporation.
2. Coverage of this Policy and Requirement for Board Approval. No sublease shall take effect or be valid without compliance with the sublet policy set forth herein, nor shall any sublease be valid until approved in writing by the Board as provided in the Proprietary Lease. This sublet policy shall become effective on the Effective Date with respect to subleases entered into on or after the Effective Date. This sublet policy shall not apply to any sublease duly approved by the Board which commenced prior to the Effective Date, but it shall be effective with respect to: (i) any extended or renewal term thereof commencing on or after the Effective Date; and (ii) any sublease which commenced prior to the Effective Date and which was not been duly approved by the Board prior to the Effective Date. The term “Subletting” shall include the occupancy of an apartment by any person not authorized to occupy the apartment by the provisions of the Proprietary Lease, whether or not any rent is paid by such occupant.
3. General Criteria For Subletting. The following provisions shall apply to all apartments other than those owned by holders of unsold shares:
(a) No more than thirteen percent (13%) of apartments owned by Shareholders, excluding apartment(s) owned by a holder of unsold shares, may be sublet at any given time (“sublet quota”).
(b) No Shareholder shall be permitted to sublet the whole or any part of his/her apartment until he/she shall have owned his/her shares in the Corporation for a period of not less than two (2) years prior to the commencement date of the sublease term. This requirement may be waived by the Board, provided such waiver is in writing.
(c) Except for apartment(s) owned by a holder of unsold shares, no apartment may be sublet for a period or periods exceeding two (2) years out of any five (5) year period. This limitation may be waived by the Board, provided such waiver is in writing.
(d) No Shareholder may sublet more than one apartment during any given one year period.
(e) Upon receipt of a completed sublease application, the Shareholder's request will be placed on a list and reviewed by the Board. Generally, Board consideration of sublet applications will be on a first-come-first-serve basis, subject to the sublet quota. If more than one Shareholder seeks approval to sublet his or her apartment, the Board may, in its discretion, give preference to a Shareholder who has historically sublet his/her apartment less frequently than others, but nothing in this Sublet Policy is intended to diminish or restrict the Board’s discretion with regard to the granting or withholding of consent, for any reason or no reason, or to impose such conditions as the Board deems appropriate in connection with the granting of any consent.
(f) No sublease application shall be considered by the Board in the event that the Shareholder is then in default of his/her Proprietary Lease, including without limitation breach of the house rules, failure to pay any maintenance fees, assessments, garage parking fees, repair fees, or any other outstanding fee or charge due.
(g) The term of each sublease shall not exceed one (1) year, unless extended with written approval by the Board. In addition, each sublease agreement must begin on the first day of a calendar month.
(h) Any proposed sublease must specifically state that it is subject to all of the terms and conditions of the Proprietary Lease and that it is subordinate to the Proprietary Lease. A breach of the house rules by a subtenant shall also be deemed a breach of the Shareholder’s Proprietary Lease.
(i) Each Shareholder subletting an apartment shall maintain a comprehensive homeowners type policy with an A rated insurance company, including (i) coverage of at least 80% of replacement value of the interior portions of the premises for which the Shareholder is responsible to maintain and repair under his/her Proprietary Lease, including the Shareholder’s improvements, fixtures, wall coverings, floor coverings, the finished surfaces of all floors, and all other of Shareholder’s improvements and installations, (ii) personal property contents insurance to cover contents contained within the apartment, (iii) other provisions that the Board may require, and (iv) liability insurance in an initial amount of not less than $100,000 (the "minimum amount"), provided that in their sole discretion, the Directors may, by resolution, increase the minimum amount of such liability insurance from time to time.

4. Application Procedures.
(a) Four (4) sets of a duly completed application to sublease must be delivered to the Board in care of the Corporation’s managing agent at least thirty (30) days prior to the first day of the month that the sublease term (or renewal or extended term, as the case may be) is to take effect.
(b) An application to sublease an apartment, or to extend or renew an existing sublease must contain the following:
i. A properly completed and signed application form;
ii. Permission to check the Applicant’s credit history;
iii. Copies of the Applicant’s State and Federal Income Tax Returns, and W2 forms for the two most recent years;
iv. Verification of the Applicant’s current employment stating position, length of employment, and salary;
v. Verification of Applicant’s current residence, including a copy of two months’ insurance bills, utility bills or credit card bills;
vi. Copy of three months’ most recent banking and brokerage accounts, together with a letter from each institution indicating types of accounts and the date(s) the accounts were opened;
vii. One business reference letters;
viii. Two personal reference letters;
ix. One letter of reference from Applicant’s current or most recent landlord (or its managing agent) stating length of residence and payment history together with rent receipts, cancelled checks/money orders on account of rent for the most recent twelve (12) month period;
x. The written consent of the Shareholder’s lending institution (if any) to the proposed sublease; and
xi. The fully executed counterpart original standard sublease agreement.
(c) Falsification or omission of information may result in the denial of the sublease application by the Board, and may also result in termination of the current sublease.
(d) All persons who will reside in the apartment with the Applicant must attend a Board interview. No person, other than those named in the Applicant’s application and the sublease, may occupy the sublet premises without prior written approval from the Board. Any such requests must be submitted to the Board in writing, along with a completed application form.
5. Fees.
(a) Each Shareholder to whom consent to sublease is granted must pay a sublet fee to the Corporation on the first day of each and every month of the sublease term, as follows:
i. 10% of the monthly maintenance for the first year or partial year of the sublease term, except as provided in (b) below; and
ii. 15% of the monthly maintenance for each additional year or partial year of any extended sublease term. For these purposes an “extended sublease term” shall include a sublease to a new sublessee if less than one year shall have elapsed since the expiration or termination of any prior sublease.
(b) The following fees must be paid to the Corporation at the time a sublease application is submitted:
i. A non-refundable $75 credit check fee;
ii. A refundable $500 moving deposit to cover possible damage to the building caused by the moving in or out of the subject apartment;
iii. A non-refundable $100 processing fee; and
iv. A non-refundable $250 interview fee.
(c) The following fees must be paid to the Corporation at the time an application to renew or extend an existing sublease application is submitted:
i. A non-refundable $100 processing fee; and
ii. A non-refundable $150 interview fee.

We for the most part do not allow sub-let.

It is nothing but trouble. In fact if you have to many your insurance rate will go up.

Best bet for the bldg. unless absolutly necessary don't allow it.

Thanks for your informative response,,, One more question... Is there a restriction on how many times an apartment can be sublet?

A number of years ago the Board relaxed the rules, and some of the absentee owners run B&B in our building. We now have board members who are intrested in changing the house rules.

Habitatmag.com article archives has a treasure trove of info. Search the phrase Sublet Policies and sort by "Relevance". Good luck.

Apparently you need an engineering company if you're looking for structural damages due to water penetration or other issues.

AdC

There are lots of other ways to obtain the owners information. AdC is right in that you should have a professional look at the possible damage and access it.
Feel free to email me (ar0777@aol.com) your info and I will help you obtain the info you want. make surte you put habitat in the subject.

~AR

We use Stillman Management in Mamaroneck and are very happy.

What are their fees per unit and what do they give you v. expectations for the fee to know what to recommend? After all, 99% of their contracts are just boilerplate. I don't mean to sound insulting, but I found out that I cannot expect top shelf when I only pay for less than french fries. The other day, it was quoted $2.00 a day per unit. In doing my math, I thought I was only paying 1/3 of that, but as I mention to the board if the $2.00 a day gets what I put in, it's worth it all the way!

AdC

Duly Noted. In trying to gauge cost vs. quality, one would need to know who to call and then determine if they are worth their salt (to put on those fries) I am tired of having to choose from the same old companies time and time again.

Perhaps it's a matter of talking to the president or owner of the company and request to have a managing agent PT dedicated to your building and find out how much they charge for the service. Unless the person is there in your building to take care of requests and supervise workers, etc., the type of service you may get may be shared.


I think we are kicking in Westchester the same, old bucket but in many instances it boils down to costs and what you will be willing to pay for the service. IN fact, you mentioned Bartheit. Many people think they are wonderful.
Others think that Stillman is okay and others above the cut. So what makes the discrepancy of opinion???

I think what we think we want to eath and what we get for dinner must influence how well we perceive the eating experience.

AdC
AdC

Excellent points AdC.
Unfortunately I do not know anyone in that area and we are not fully launched yet. However please note:

Ensure your expectations are crystal clear before you even shop. Know what you expect from the management company, then lay it out... "I want X Y Z... from you, can you provide this in the manner we need?" if so, have it put into the contract. you do not have to accept the boiler plate contract you are given. You may now pay a little more, but you are contracted to recieve what you want and need. Do interview the agent (there are other posts on that), because (in keeping with AdC's analagy), we can go even to the best resteraunt in town, pay top dollar, but if the service stinks, we dont go back. AGAIN.. make your expectations clear.

~AR

Sequoia Property in Mount Kisco

WRG Management
420 Westchester Avenue
Port Chester, NY 10573
Tel: 914.939.9100
Contact Carol Benedict at cbenedict@wrg.com or visit their Web site at http://www.wrg.com

Didn't WRG merge with Stillman a few years ago?

WRG sold to Stillman approximately 6-1 year ago and they are no longer in Port Chester.

AdC

I use to reside in a complex in Tarrytown until 2005, it was self managed when I left to move closer to family in California. They had several managers come and go over the past 30 years and finally they decided to hire the assistant manager as the property manager who worked with them for over 12 years. I tell you the place never looked better! Sales increased because the property was finally being managed the right way! As a homeowner who was the biggest complainer, I found myself making less calls and finally taking a deep breath that the property I am living in is finally being taken cared of. Well, the Board changed over the years and they hired a new homeowners association president who wanted to make changes she felt would matter. With a lot of hard work the President finally forced the manager out of a job doing all she can to get the board to rule in her favor. I now hear this board member served on other boards in Westchester and did the same thing and was finally forced to step down after other members saw what was going on. You can hire a contractor and check references, but when someone goes on the Board to monitor our investment, do they check out their background as well? I still keep in touch with some of my friends who informed me that the property is now being managed by a company and is going down hill. They have one placed their homes on the market. Some residents are getting together with the board to ask for this individual to step down. It goes to show you that the better your property is managed, the better it looks the better it sells. It only takes that one board member who looks out for their own interest not the residents. I do have to give it to the ones who take their jobs seriously they are the true volunteers who take their position on the board serious and it takes a lot of work and time. I applaud those members!

Sally is right. Let me add one more suggestion:

4) If the water bill is currently "estimating" your building's water usage, buy a water meter. We did this and saved about 30% on our water bill. (The city was estimating greater water consumption than was accurate.)

Sally, is the person you hired to review your water bills available for hire? If so, could you provide his info? Just curious, how many units is your building?
Thanks.

That's going to be a tricky situation, BT.

I suggest speaking with your corporate counsel first. You need to know where you stand before asking the guy to do something.

Find out what he can be asked to do, in what time frame, etc., under your propreitary lease and the law. (There's plenty of case law on smokers -- do you read The Times's Real Estate section?)

Then ask the person nicely, not at a board meeting. Presumably that won't work, so it should next be brought up at a board meeting so the smoker can see that it's all of you vs. him (have with you copies of letters complaining about him) . If that doesn't work, you'll have to have a letter sent. Remember, the lawyer works for the board president (so I hope the smoker isn't the pres!), not individual members of the board, so the smoker can't have the lawyer fire back.

Is this person an officer too (secretary, treasurer or vice president)? Our by-laws allow the board to strip an officer of his/her office by majority vote. NOTE: This is NOT stripping him/her of membership on the board; that probably requires a votes of the shareholders. But it's something you can do to send a message that his behavior is not proper.

I'm curious to see what other suggest ... they are probably better ideas out there.

Please explain "lawyer works for the board president". Does not the lawyer work for the entire board of directors?

That's a good question. Let me preface this by pointing out that I am not a lawyer, just a board member who works with one. So before you make any decision, consult your lawyer first.

Here's what I mean. Our board recently needed to hire a new corporate counsel (our previous one raised his rates too high for us). We interviewed several lawyers. One of the questions we asked was, "What is one of the biggest mistakes boards make?" One of the replies was "infighting."

The lawyer went on to say that in a case where the board doesn't agree on an issue that involves the lawyer, the lawyer has to follow the president's instructions.

So even if the board wants to do X, and the president tells the lawyer to do Y, the lawyer has to do the latter. (Doing so, of course, sets up the board president for a coup.)

Again, I'm not a lawyer, so don't take this as case law. In the example of the original question, I was pointing out that if the smoker is the board president, the board as a whole may be limited in its legal options -- because the board president could block them. Which would be an abrogation of his/her fiduciary duty, but if the person is addicted to nicotine, he/she may not see things clearly.

Thanks for all the feedback. We have 2 co-presidents (it is a really small building with lots of problems so they are splitting it). The problem person is secretary. We are not really talking about cigarette smoke, though there are small smaller issues with that within the building. It is pot smoke. Just to re-cap, management sent a letter last year whereupon the behavior got better but it always reverts. A shareholder spoke to him directly about the smoke and was sent a note apologizing saying a new air filter was bought. While that has lessened the odor for now, it will come back. The bass noise is always audible in the lobby and halls and travels through the floors and walls into the shareholders units above. He is only on the Board to protect himself, and probably assumes we will be in this confused position about how to deal with it.

If the offending shareholder is a heavy pot smoker, why wasn't the illegality of this used as leverage to get him to be more compliant? Couldn't this be used now?

I generally agree with AdC and Steve with an exception - that if the board wants to do X and the president wants to do Y, the coop's lawyer has to do what the president wants.

The lawyer doesn't work for the board, the president, any one board member, any shareholders or management. He works for the coop - the apartment corporation. He is not duty bound to do what the president wants. His job is to work in the best interests of the coop as a whole. If he believes that what the president wants doesn't accomplish that, he isn't duty bound to comply, and he can't just do what he wants either.

Much of a lawyer's job is advisory. If a board disagrees on what to do in a particular case, he should advise them as to what's legal, proper and best for the coop. He shouldn't just do what anyone wants. If a board (including president) can't agree on something that will be in the coop's best interests, he shouldn't do anything until they can agree on this. Some lawyers may not follow this precept but this is what they should do.

For your info, as a board president, if I have a disagreement with the board, i.e., I think one way and the majority another, I ask the attorney to speak with the board (all members) and go over the situation. Everyone gets the education and the benefit of the doubt.

But it's not me and my lawyer. As you well stated, it is the co-op legal counsel. The day I want to pay for my personal advice, I will count my pennies and open my pocket.

AdC

Glad you agree, AdC. A coop attorney works for the coop. We had a Sh who wanted to sue two board members. He claimed they OK'd a new coop fee that he couldn't afford to pay and they knew he had financial problems because he told them so in private as "friends". Our attorney said he couldn't address issues for individual board members and they'd have to get their own attorneys to handle it. (The Sh eventually dropped the whole thing.)

A friend who's on a board in another coop had problems with three Shs who openly told lies about him to get themselves elected. He wanted to sue and asked his coop's attorney for help, but the attorney said no because he only works for the coop. (He got his own attorney and sued the three Shs for liable. A few Shs appeared in court for him to attest that they were told the lies, that were easily disproved, and the three Shs had to pay a hefty financial penalty.

A coop attorney works for the coop, plain and simple.

In my case as a board member I have written correspondence to the lawyer asking for explanation of board presidents "law expertise" & it has been over two months & no response from lawyer. I guess our coop lawyer does not know that he works for the entire board of directors and the shareholders as a whole.

Obviously, you did not read my paragraph from my original posting. This is the answer you are looking for. I have corrected some mistakes in quoting:

"Over the years, what I have objected from some ignorant (not to call them ILL-INTENDED board members) is their calls to the co-op counsel, insurance brokers or other professionals to consult [their] the particular board member's own point of view or TO raise issues that reflect their own point of view WITHOUT BEING DELEGATED BY THE BOARD TO DO SO. This is AS IMPRUDENT AS the PRESIDENT acting on his/her own. Unless a board member is empowered by the board to do the contacts and report back, individual actions send the signal of a weak, divided board or the wrong decision. Thus, to act as a board, all participate, all volunteer, all work in the measure of their talents and all live by the decisions of the majority; the minutes will reflect the desenting vote."

NOW, if you find that certain opinions of the president regarding legality are wrong, you challenge it in front of the other board members and request that the "legal opinion" be clarified with the co-op attorney. If you find the other board members to go with you, no big deal for the president to say, OKAY, let's consulted. WHO VOLUNTEERS to do the calling and report back to the board? Otherwise, to send an e-mail to the co-op counsel with the question with copy to all board members will do. If you have no e-mail, then the person who does have one will make copies of the co-op counsel's asnwer and distribute.

The case is closed!


AdC

I don't think that the lawyer only represents the President by law - according to New York State Law - It is the board, not an individual that makes policy - which makes sense because then why would you need 9 people and a vote - Our lawyer says he represents the board - however that is not true

Actually, this isn't correct.

The co-op's legal representative works for the entire Board. Generally, the Board will interact with the lawyer only through one person, in order to avoid confusion (and keep the bills low) -- but, for example, if the president and Board are at odds, and the president is in the minority, the legal agent must represent the majority's decision, not that of the president alone.

First, the president is the speaker of the board, but has no other power than being the speaker and sign contracts on behalf of the board. Of course, the president is expected to lead, to provide vision and to PERSUADE. The president cannot make decisions on his/her own that amounts to tons of money, although in emergency situations and run of the mill issues, he/she will be approving routine work.

One thing I learned from our counsel is as follows: "The Board serves at the pleasure of the shareholders; the directors including the president serve at the pleasure of the board." In other words, a president gets the vote of confidence from the board and his/her function is to serve the board.

A president shows his/her ignorance by taking major responsibility on his/her shoulder on behalf of the board. A president must learn the VIRTUE of PRUDENCE. When big money is involved, and actions may be questioned, a president should use his/her INTELLIGENCE AND PRUDENCE to pause and read the above definition. THEREFORE, those who advocate for e-mails, telephone calls, etc. will find fertile ground here: the PRESIDENT will not only CONSULT via these methods of communications what board member think, but will call for a face-to-face meeting. WHY??? Because a PRUDENT president wants dialog, discussion and a VOTE or resolution of the board before diving into the pool.

Over the years what I have objected from some ignorant (not to call them ILL-INTENDED board members) is to call on their own counsel, insurance brokers or other professionals to consult their own their point of view or raise issues that reflects their own point of view. Thi is AS IMPRUDENT AS the PRESIDENT acting on his/her own. Unless a board member is empowered by the board to do the contacts and report back, individual actions send the signal of a weak, divided board or the wrong decision. Thus, to act as a board, all participate, all volunteer, all work in the measure of their talents and all live by the decisions of the majority; the minutes will reflect the desenting vote.

AdC

Paid heed to this situation:

"The outgoing Board was ready to send an attoney's letter to the person about smoke and noise coming from his apt and decided to wait until the new elections. Now we have the problem shareholder on the Board.

Should we speak to the Board member first or send a letter? Can he even be on the Board if he is in violation of the house rules?"

1. Each time something like this happens nip it immediately. The worst thing boards do is do nothing. Silence has condemned the the "do nothing," "the nice guys/gals", "the uninvolved."

2. If the person was objectionable, bring it to the attention at a meeting, etc. Now, it is "tolerance" or become enemies. After all you all tolerated it for years and even allowed the person to be elected.

3. At this point, board members should discuss the issue openly with management as a witness and assume the consequences of how the person is going to take it.

4. If you are in majority, the person will have to comply. But probably will never cooperate and become adversarial and resentful.

Good luck!

AdC

totally agree with AdC. This kind of behavior must be nipped in the bud, and shown early on that it is not acceptable. Now the board , and the building, seems to be held hostage to this outrageously inconsiderate neighbor!

Just reporting back on new Board member with history of objectionable behavior. At our first Board meeting, the atmosphere was tense. No one wanted to lead the discussion about the noise and smoke (which has subsided considerably since he voted himself on the Board). A Board member took him outside before the meeting and seems to have gotten assurances of good-natured compliance. Could it be a new leaf? As new shareholders have moved into the building there has been a shift to Zero Tolerance and we think the Problem knows it. Also knows a lawyers letter was poised to go out. Any comments on how this was handled? Thanks all for your input on the situation.

While there are no hard and fast rules on this one, I believe the superintendent wound perform some of the basic repairs in his/her apartment. Obviously there are situations where outside professional help may be required (plumbing back to the riser, electrical problems). In addition a lot depends on your relationship with the superintendent. If you have a very good super you may be willing to go the extra mile to help out. If not well.....

Finally, when the apartment becomes vacant for whatever reason (super moves on etc), it is probably best to go in and view the apartment to see what maintenance needs to be done as part of the upkeep (painting, sanding of floors etc)

Hope this helps

FN

Thanks, FN. The super's apartment was repaired and renovated 6 years ago at a cost of $13K, before we hired our current super. He hasn't taken very good care of it and now wants us to hire an outside contractor to make repairs that were caused by his own negligence. For example, if he had addressed minor things at the outset, like using caulk in the tub surround, there would not be water damage on his living room wall.

I guess my question is, how much responsibility (monetarily and otherwise) does the super bear? We are not too keen on spending a lot of money (again) to fix his place up if he is not going to maintain it.

this is the sign of a bad super. not worth keeping. start getting him out. serisously.

While I agree with Sally (a little)I am of the opinion that you should first talk to your superintendent if you haven't already. Explain that he/she is responsible for the basic upkeep and if there is an issue that needs to be addessed regarding the apartmentyou are available. Start a dialogue and log/keep a record of when you had conversations. The rule of thumb which is very basic is, if there is a problem regarding the apartment it should be addressed straight away rather than later. A caulking job today that costs $20 (caulk etc) could end up a year from now as $500. (shareholder below has water marks on the ceiling and walls etc).

Hope this helped,

FN

I don't live in a condo, but here's a link to an article about a Manhattan condo that used its right of first refusal to deny the sale of apartments to a group home for the mentally disabled.

The group home sued and won.

http://www.nysun.com/article/54635

If nothing else, this is an example of why we don't need Councilmember Montserrate's bill to pass -- existing laws work!

For condos you don't need the law, but Coops do need it

I'm afraid I have to disagree with you, George. Co-ops are covered by the same laws as condos.

That said, there probably are co-op boards that discriminate; ours is not yet a perfect society. But if a board member told you why that couple's purchase application was denied, she's not going to say, "We don't want children/Hispanics/gay couples in our building." Instead, she'll say something like, "Their financials weren't up to our standards," or "They don't have steady incomes because they're artists/freelancers/new to the area."

The same thing would happen under Bill 119. But that's only one reason the bill is unnecessary.

The State of New York already identifies 14 protected categories against whom discrimination is illegal. They include race, religion, sexual orientation, military service, familiy status (whether you have kids or not), marital status (cohabiting instead of being married) and others. Turning down someone for any of these reasons makes a corporation guilty.

The office of the attorney general of New York, Andrew Cuomo, investigates and prosecutes these cases. One thing that means is that the aggrieved party need not hire her own lawyer -- the state picks up the cost. Another thing that means is the defendant has a bulldog bringing charges against it. New York's attorneys general have a recent history of going after even the biggest and most respected corporations.

If you, George, or anyone else reading this, know of any co-op, condo or landlord that has violated this state law, please call the Attorney General's office at (212) 416-8000, or visit his web site: www.oag.state.ny.us. We need to put an end to housing discrimination, and your phone call can make a difference.

Proposed Bill 119 creates no further protection for the 14 categories. There is, however, one additional group of people who will enjoy protection under the bill: Real estate agents.

Yep, the real estate agent of the buyer would be entitled to make a complaint AND to win damages.

So who's really being helped here? It's not the people of color or the people with children. They're already covered and protected. It's the real estate agent who wins! (Don't get me started on the new specialty that would enrich lawyers for years to come.)