Hello,
Is a coop board or management company legally obligated to inform shareholders when they get their assessment what that annual assessment will be used for? Ahead of time.
I live in a very compromised building—meaning 100+ years, not well kept up, needing so many crucial things (curb appeal is always the last on the list). We have very little reserve funds. I explain this only to acknowledge that emergencies come up all the time, where that assessment money might end up going. But I would like to know what the actual law is around this, what the protocol is... Are they required to tell us beforehand?
Looking for informed answers, please, rather than opinions.
Thank you!
I own a Co-Op in Harlem, while I am currently living in another state to take care of my ill father. I was recently subletting my unit to a tenant. However, in August, she moved out. Due to COVID, coupled with the illness of my dad, I do not feel comfortable moving back to NYC as I would need to commute back to care for him regularly. Unfortunately, my building is governed by some HDC regulation that only allows subleasing for 2 out of every 4 years. Does anyone have any guidance on this? I am pleading with my board to extend grace for at least one year. I love my apartment and do not want to give it up. But with the current situation and impending shutdown of the city again, I cannot risk the regular back and forth commute to my very ill father. Any thoughts on what I can do to delay this? I do not want to sell my unit!
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I am a shareholder in a coop that was formed in 1986. The sponsor still owns 64% of the shares. We have a board of directors 7 people, but we do not, have a majority of shareholders who live in the building on the board. Are there any other coops who have the same problems that we do. The sponsor still owning a majority of the shares, if you sell your apartment, you have to sell to a cash buyer because the banks won't approve mortgages for a sponsor owned coop, having to live in a building that is a majority of renters rather than owners. Also having very little say in what happens as far as repairs, the cost of repairs, when the building is run like a rental building. I bought this coop in 1989 with the hope of this becoming a real coop. What, if anything, have other buildings done to correct this situation?
I currently live in a 8 building co-op complex in Queens. My daughter, who is looking to purchase a co-op in the same complex, found an apartment that she is interested in purchasing. She found an apartment that has been on the market for a long time now. Apparently, the apartment was purchased by an individual many years earlier with a parking space attached to it. My daughter loves the apartment but doesn't want to buy the parking space. The management mentioned that in order for her to purchase the apartment the parking space has to be sold beforehand. Nothing can be done unless the parking spot is acquired hence the long duration on the open market for that apartment. Is this even legally correct and what are my options in moving forward?
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Hi everyone,
I'm trying to refi my mortgage to take advantage of the lower rate (not taking any money out).
My lender says the building management is using a website called 'Board Packager' - Here's a list of the fees the bank is asking me to pay to obtain documents:
2020 budget $25
2019 budget $50
2018 budget $50
Bank Questionnaire $250
Lease $50
$425 plus tax = $446.25
I'm pissed right now. Do I have a right to be?
Our co-op specifies a fine for upper units that do not follow the 80% carpet rule. To my knowledge this has has never been an issue until now.
A new shareholder is having this problem with a longtime shareholder above him.
The upper shareholder is up at 4 A.M. and very inconsiderate that there is person living beneath them.
The longtime shareholder is very friendly with board members and feels she is untouchable as far as rules and regulations.
The new shareholder sent a letter to the person above him as well as to the board of directors a month ago.
He explained that he is currently working from home and asked if she could be a little more considerate.
He has not heard back from the B.O.D. or the upper shareholder who has continued her clamorous behavior. Any help would be greatly appreciated
Would I be able to sell a coop that I own but have owed maintenance fees?
Because of Covid, my financial situation is not secure and My best option is to sell but can no longer pay my maintenance fees.
Has anyone heard of charging a Covid-19 Sanitation Fee for those who move out, regardless of whether they are a shareholder who sold their apartment or a sublet whose lease has not been renewed and is simply moving out ?
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Our co-op is a no-dog building, but the board accommodates ESAs and service animals with a physician's letter.
The question is must we allow the shareholder with an approved ESA to have a second ESA of a friend/relative visit and be allowed to stay overnight? Our current pet regulations say only one dog per unit, but again this is about a visiting ESA.
Hello,
Does anyone know if there are any new, specific (and legal?) requirements, guidelines, rules, etc. about the following?Knowledgeable answers please.
My 55-unit coop has a small (less than 6' long), old, kind of dirty elevator, with no fans, no moving air, etc. I know the supers are cleaning the surfaces, hopefully daily. But it has a nasty rug on the floor—I've been advocating its removal for years now, to no avail.
But this is the bigger problem, and my question: Yesterday I encountered two different individuals (one going in, a different one coming out) using the elevator without wearing a mask. I then had to enter the elevator immediately afterwards. I was uncomfortable doing so and felt unsafe. Has anyone seen any references to this anywhere?
Thank you!
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As far as I know there is no statute or regulation requiring a board to disclose how an assessment will be used. Something called the Business Judgement Rule gives boards broad discretionary powers to make decisions without having to justify them, as long as they are legal and in the best interests of the co-op.
It sounds to me as if you already have some idea of where the money will go. Have you tried asking the board what the assessment will be used for? Most boards will inform their shareholders beforehand why the are being assessed, but there is no specific requirement to do so I am aware of.
They could use as generic a reason as "reserve fund replenishment", which, in the situation you describe, is a very valid reason.
If you believe there is some sort of malfeasance going on, either check with an attorney or search online for how to report suspected co-op board misbehavior. Ultimately you can vote to replace members of the board at the annual shareholder meeting, or if it is urgent enough, check your bylaws for how to cal a special shareholder meeting for the purpose of recalling one or more of the board members.
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