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Energy Efficiency Grade "N" - Queens Dec 07, 2020

If my co-op received an “N” (exempt) energy efficiency grade, do they still have to post it?

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I think you still have to post it because after all, it is still a grade. Besides, what harm can it do to post it regardless?

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STAR abatement rules - DP Dec 03, 2020

It is my understanding that a shareholder in a coop building can only collect STAR abatement funds for an apartment s/he actually LIVES IN. If an apartment is an investment, but said shareholder lives elsewhere, s/he cannot legally collect for the unit in which s/he does not live (never lived).

Do I understand this correctly? Can someone knowledgeable about this chime in please?

Also, is there any way—without the Management or the Board’s assistance—that someone can find out whether or not an investor is inappropriately receiving STAR rebates in this fashion? (I've already checked with a friend who worked previously at the DOF, and she is no longer a source of info for me.)

Thank you so much.

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I believe your understanding is correct. The apartment must be the primary residence of at least one owner. The STAR eligibility rules can be found here: https://www1.nyc.gov/site/finance/benefits/landlords-star.page

I'm not an attorney, but I don't think you as another shareholder can access someone else's STAR account due to privacy issues. I could be wrong about this.

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Thank you, Marty, for confirmation/verification on what I thought. I agree with you about the second point as well. Unfortunately, there are ways (sites, phone numbers, etc.) to REPORT malfeasance, but not to DISCOVER malfeasance. I'm not interested in reporting anyone, but I will continue to see if I can get an answer. If this guy is cheating on that, he has no business being on the Board, controlling aspects of my financial life. Plus, he's been brought up on sexual harassment charges (not in my building, but elsewhere). Ugh.

ANOTHER QUESTION: Do you know if there's a limit on the %age a coop can legally increase the maintenance?

Thanks again!

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The Board (your treasurer at a minimum) should receive a copy (issued by Dept of Finance) of the abatements given to all shareholders. We receive this copy from our managing agent. The info would be listed there - if you can get a copy.

If he has no business being on the Board, then try to change that. Run against him or support a candidate who will. That's the only way to change things.

I don't know if there's a legal limit to a maintenance increase (I'm guessing no), but if there's a double digit increase being proposed by the Board, they should be explaining to the shareholders why it's needed.

A co-op is like any other corporation where the Board must answer to its shareholders. They'd better have good reasons for a very large maintenance increase and then be able to explain it to the s/h in plain English.

Why might there be a large increase? It's possible that there were some huge expenses during the year that depleted your reserve fund - such as a new boiler or roof repairs. Perhaps the Board decided that a maintenance increase was better than an assessment.

Good luck.

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> Join the conversation Comments (1)

Thank you Marty.

It's impossible to get information, which is why I keep turning to this forum for other ideas. In general, I'm seeking ideas around normal channels.

The Treasurer is in cahoots with this and another objectionable Board member. We ARE, of course, trying to get him & the other one gone. It's a hot mess and I cannot appeal this through any normal channel.

Yes, there were huge expenses this past year. We've had huge expenses in the past. But they're also talking nonsense about a vanity project that, to me, is ill-timed and disconnected from the reality we are now facing in this crisis, while not even mentioning paying off the violations we have.

Anyway... thanks!

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Energy Rating - NYC Nov 24, 2020

My Co-Op received a D energy rating because there was a conflict between the D.O.F. and the D.O.B with the tax code.

Can this error have an adverse affected on the Co-Op's abatement or any of the Star benefits?

Who is the responsible agency/party to correct this error?

If the fault is on the part of either agency will our Co-Op have to wait 1 year for an updated rating?

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To dispute your rating call your managing agent they will advise you of the effects this has on your building. Your board also needs to address this problem.
It sounds like your building needs to update your heating system/windows.
I know that as a buyer I wouldn't buy into a co-op/condo with a D rating.
Best of luck

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Thank you.

We were never informed if the D rating. I looked it up from an article on this site"Energy Efficiency Letter Grades". D.O.B.portal

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From what I know, your energy rating has no effect on your abatements or Star benefits.

You said you were never informed of your D rating. Did you know your D rating must be posted in a conspicuous place on your lobby entrance door?

I don’t think you’re being told the truth why you got a D rating. I don’t think it has anything to do with any tax code. It has to do with your co-op’s energy efficiency. Who told you this?

My understanding is that the DOB is the agency in charge.

I am told you will not be able to amend your rating at this time. You’ll have to wait until next year when you file your 2021 benchmark report.

An earlier Habitat magazine article said that 2/3 to 3/4 of all buildings are expected to get a C or D rating in the first year.

That’s because the energy efficiency program is allowing several years for buildings to make the necessary upgrades needed to make buildings more energy efficient.

I’m not too worried about a D rating in the first year. Everyone is just starting out at this time. Buildings should be able to improve to a B at the end of their second year. It’s the rating at end of the second year that will really affect buyers in my opinion.

I agree with pc1 that your building should look at their boiler and windows. You should review the lighting as well - maybe switch to LED lights to become more energy efficient.

Good luck.


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> Join the conversation Comments (1)

Thank you for your in-depth explanation.

Yes I am aware that the building has to display the energy rating and yes, we were never told about the D rating.

I went on to the D.O.B. open portal with B.B.L. and it showed the rating and the below message:

"Please Note: The Department of Finance's building classification information shows a building's tax status, which may not be the same as the legal use of the structure. To determine the legal use of a structure, research the records of the Department of Buildings".

I agree with you and PC#1 that it has to do with the boilers and windows.

I don't want the co-op receive a fine for not displaying the grade but I also do not want to be the troublesome shareholder.

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Fire Safety for small walk-up buildings - Elisa Nov 24, 2020

Hi, could someone share easy-to-read information on the basics of fire safety for small walk-up buildings? We can't afford a full-service management company, so the one we have doesn't provide much oversight. Through an informal conversation with someone familiar with fire safety, I've learned that we are not in compliance with regulations - for example, not every apartment has an address posted on its door, and we have mats in the hallway at each apartment's door (the person I spoke with said these are "tripping hazards" and should not be there). We also need to post routes for safe exit. Is there a straightforward, easy to read summary of fire safety requirements for small walk-up buildings? We don't have elevators so our needs are different from buildings that do. I've googled, but the documents I've found are quite dense and full of legalese. For example, I can't find one that says that every unit must have its address posted (e.g., 4C, 4D, 4E, etc.). Any suggestions welcome. Thanks.

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Only one idea comes to mind: Have you contacted your local FDNY firehouse?
Perhaps they could direct you as to where to start.

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WAIVE OF RIGHT - MARISA Nov 13, 2020

Can the Co Op administration waive my right of giving permission to other unit to park in my space, when I'm gone from the AZ state? I was told this because I'd been late for a few days with the HOA fees/ They said I don't have the right, and that they may force me to sell my unit.

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First, are you in AZ or NY? I'm sure the underlying co-op regulations are very different in the two states.

If you're in NYC the first thing you should do is read the co-op's governing documents to see if they specifically address who has control over the parking spot. Owning a parking spot is very different than renting or simply being asigned a spot to use. You need to determin which applies to your situation.

Also, it's a huge leap from being a few days late with HOA fees and being forced to sell your unit. Something definitely does not smell right. I strongly suggest you consult an attorney to determin what is going on, because a forced sale is not to be taken lightly, and an attorney can most likely prevent or delay all such actions against you.

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Washer dryers - Robert Nov 06, 2020

Considering next steps for a possible upgrade in a Westchester condo building
pro's and con's of buy vs lease
any recommended vendors
suggestions on going rate for unit owner usage
other tips or ideas.
Thank you
Robert

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We have been very happy with Automatic Industries https://automaticindustries.com/our-company.php. We've leased from them for almost 40 years and found them honest, reliable and quick to deal with a problem.

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Board - DP Nov 04, 2020

Hello,

After months of asking my coop's managing agent WHO made up our current Board, and her sending me the list which made no sense, she told me this: "The board has the right to appoint board members until the next annual meeting which has been postponed due to the pandemic."
1. Does anyone know if this is true (calling Steve247) or, where I can reference the law on this?
2. What about the fact that they did so without notifying any shareholders?
3. What about oversight?

So now, the Board is a too-tight group of buddies including two who previously served and were subsequently rejected.

• One had verbally threatened another shareholder in front of everyone (including one of the MAs) at a previous meeting. Her response to being questioned—on not doing her job as sec'y properly (e.g. never taking minutes, etc.)—was met with her saying: "I have friends. I can mess you up." The following year, the same woman was nominated by her friend but NO ONE seconded her, so she was not elected. Now, suddenly she's on the board again.

• And the other had to leave due to being in the press for sexual harassment against multiple women at his own company. HE is an investor and has never lived in the building—been renting his apartment for more than 11 years. When he was president of the board, he was so arrogantly sure of himself that he insisted he could negotiate a new mortgage/refi. Well, he wasn't able to deliver on his promise, so, in a financially compromised coop, we lost an additional $7,000 b/c that app. fee was non-refundable. Now, suddenly, he's on the board again.

To add to the issue is the following:
• At the last Shareholders' meeting, we couldn't elect a new board b/c we couldn't raise a quorum.

Please help. Informed answers, please. Many thanks!

> Join the conversation Comments (1)

Wow. I'm sorry that your co-op is having so many issues. How many units are in your co-op and how many positions are there on the Board?

Let me review your items in order.

"List of Board members that makes no sense."
...Just curious since I've never heard that statement before. In what way doesn't it make sense?

"The Board has the right to appoint Board members."
...If you had a full Board and then one or more Board members subsequently resigned or were removed before the next Annual Meeting, then the Board definitely has the right to appoint or not appoint someone to fill some or all of those Board positions prior to the next Annual Meeting - pandemic or not. It's happened to us several times over the years.

However, we have never been in your position where we don't have a full Board to begin with, so I don't know if it's legal to appoint Board members to fill all vacant Board positions prior to the next Annual Meeting. That's an entirely different situation.

My guess is no. How can you fill a position that no one was elected to in the first place because you didn't have a quorum. But, since I'm not a lawyer, I could be wrong, so I'd suggest contacting the co-op's attorney (if you know who it is) to ask this important question.

"What about the fact that they did so without notifying any shareholders?"
...That is blatantly wrong. They definitely should have notified shareholders of positions being filled on the Board. But, what are the penalties for failing to do so? I don't know. That's another question to ask the attorney.

Unfortunately, I don't think it's illegal to fill Board positions with people that you or I find lacking moral values - even if they were convicted of crimes in a court of law. I'm sure that the prior secretary not taking minutes is a violation of any co-op's By-laws. Again, another question for the attorney.

I know it's a lot of work, but have you tried talking to your fellow shareholders in an effort to organize other people (perhaps yourself) to run for the Board? Seems like the only way to get rid of the current Board is to throw the bums out by electing different people. It's a lot of work, but it's worth it.

That's all I have for you at this moment. I wish you the best of luck. Stay strong. I'm sure there are other shareholders who feel the same as you do. You need to find and organize them.

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electric car charging stations - Annie Oct 09, 2020

Our 5 building complex with 200 units is searching for a company that specializes in the installation and management of outdoor, electric car charging stations. We are looking for an arrangement similar to our laundry business with Hercules, where the company manages the equipment and pays the complex a percentage of the revenue collected.

Any and all suggestions appreciated.

thanks, annie

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Hi Anne,

Call to discuss electric car charging station project. I represent Green Energy Technology by JGM.
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email me your availability and I'll coordinate with "GET" partners
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Regards,
Brendan Leavy
C 718 541 0715
Brendancleavy@gmail.com

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assessment - DP Oct 08, 2020

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!

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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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> Join the conversation Comments (2)

Thank you Steve. Your first paragraph answers my question.
I had been asking the building's management company to tell me beforehand what their plans were. Now, understanding that there is no requirement for them to do so, I'm done with that request.

The rest is stuff I either already knew, or cannot actualize. Too long, too pathetic a story to tell of a building where at our last shareholders meeting, we couldn't even elect a new board b/c we didn't have a quorum. It's that kind of building—impossible to accomplish much. Very annoying.

Thanks again.

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I understand what you are going through can be very agravating and frustrating. Good luck with receiving the information you are asking for.

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Assessment? Finances are a focal point of your getting voted in( my opinion) in. Those who vote you in want you to represent them especially how their money is being saved, used etc. It seems board members( some of them) like to approve any and every thing. Then you have shortages and how do you make it up INCREASES!!! This to me is the wrong approach, spent the Coop funds as if it was your personal bank account. All board members should have monthly account balances and what checks are written. Part of the problem is, the laws in regard to Coop's should be tightened and accountability, if not, then boards can go unchecked and the state can do nothing. My opinion, Vote people on the board who are accountable to you( Shareholders, professionals) without accountability
this will continue to happen and when it's too late then what? Don't put people on the board who you like, are friends with, but someone who cares where they live and are fair and held accountable to you and others in your building...

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I believe a good and decent Board will tell you where the money is going. We just had an informational meeting which put all our bills, incoming income and outgoing. The very few people who attended the meeting, I thought understood where we were coming from. Now they want to remove the Treasurer! Because the majority of SH don't care about where they live is very hard to maintain the bldg. Our bldg is also very old and falling apart . They don't realize the FANTASTIC job the treasurer is doing. just to keep us afloat. For the past 5 years we have not had a treasurer. You can imagine the mess we were handed. The removal is ALL personal. I pray for the bldg and SH. The bldg WILL CRUMBLE without our treasurer..

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COVID, The By-Laws & HDC - Nichole Oct 06, 2020

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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