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President casting deciding vote in a tie - Diane Mar 26, 2019

This pertains to a coop in Queens. If there are an even number of board members (8), and a vote is taken, and there is a tie, is it legal for the president to always cast the deciding vote. The president says that the only time he votes is if there is a tie. That means whatever he wants he will vote that way.

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That's odd that the by-laws would allow an even-numbered amount of Board members or even allow the President to cast a deciding vote on matters. I would suggest to review the by-laws to confirm that's the case and, if so, at the next annual meeting lead an effort to change the number to 7 or 9, where the President's authority is limited in that regard. Best of luck!

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I agree with Yonkers. This was incredibly short sighted planning by the co-op’s authors since you’re now experiencing the result.

You should consult with the co-op’s attorney because you’ll need to amend the bylaws. That will normally require 2/3 of the shareholders approval to pass. This will require a coordinated effort akin to a political campaign in order for you to succeed.

Good luck!

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This sentence in your question is odd: "The president says that the only time he votes is if there is a tie." Do you mean that you actually have *nine* board members and the president usually doesn't vote? Or do you mean that the president is not a board member? That would be unusual but not impossible. Some by-laws permit officers who are not directors, though the president usually has to be.

Check your by-laws, but typically, only directors can vote. If your president is a director, then he should *always* be voting, not just to break ties. And if your president isn't a director, then he usually wouldn't have a vote even in case of a tie.

If you really do have a board with only eight directors and eight votes, I agree with the other comments that this is just bad practice. You should change to an odd number of directors, following the procedures outlined in your by-laws.

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Tax Returns in Board Package - marym Mar 25, 2019

We require an IRS transcript in addition to the return itself. However, a potential buyer said she just filed her taxes last week and won't be able to get the transcript in time to submit her Board package. Should we accept the return without the transcript?

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I don't know how many years of tax returns you require to be submitted with the application. It's 3 years for us. Based on this criteria, it seems like you have 2 options:

1) Accept the 2018 return and wait for the transcript. In the meantime, review the application without the transcript and tell the buyer that you won't be able to make a final decision until the IRS gets back to you. Both buyer and seller need to agree to this.

2) Have the buyer substitute 2015 for 2018 so they'll be submitting returns for 2015, 2016, and 2017. You can get the IRS to verify 2015 faster than 2018. I assume you also have current employment verification for the buyer so you can see if they're working steadily and earning enough money.

Good luck!

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Thank you Marty. We're not concerned about the person making enough money but making too much. We are an HDFC and have to make sure they don't make too much money to qualify, especially for 2018. We're sorting it out though.

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Board officer - Hadas Segal Mar 23, 2019

Can a unit owner that is in violation of condominium's bylaws serve as a Board member?

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I think it's up to the board.

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It may depend upon the specific violation and if it's mentioned in the bylaws. Review the bylaws and see what it says.

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email instead of meetings? - Richo Mar 18, 2019

It's 2019 & my fellow shareholders unanimously loath face to face meetings & the delay in scheduling them. Is there a safe and legal way for a coop to hold votes and elections over email? Any downsides or concerns?

Is there anything that need be done with a quorum & face to face?

I'd love if there were some boilerplate available online.

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Most By-Laws don't address this unless they are of recent vintage. I believe that if you want to conduct business via email, you need to have a motion to that effect at a Board meeting. If something is decided via email, it should be incorporated into the Minutes of the next Board meeting. This is a laywoman's advice - not a lawyer's.

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Does your co op have a managing agent/lawyer? If yes, what does he/she have to say about this? Can't believe everyone is busy one day out of the month. Why did they join the board if they have such a busy life? What makes you think they all will be available for a conference call if they don't want to meet face to face for a couple of hours. I do hope your building isn't run like your board. Best of Luck and let us know what the out come is.

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people's choice - I'm not sure if the OP is talking about monthly Board meetings and/or Annual Meetings. I agree with you that these Board members certainly sound like they don't want to put in the time needed for a Board and a co-op to be run successfully.

When he mentions elections, I assume that's for the Annual Meeting. Even if proxy voting is allowed, the AM is where the shareholders have the opportunity - and the right - to speak their mind about the way the co-op is being run by the Board.

It sounds like the co-op has trouble getting a quorum at the AM. No need to wonder why. With the attitude presented by the OP, I don't think I'd want to attend the AM either.

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Gas line management in coop building - Gas line to coop apartment Mar 16, 2019

We have recently purchased an apartment in a prewar coop in Westchester County, NY.. Originally, the apartment had gas service, however the previous tenant used electric appliances. The existing gas line was pressure-tested but it failed the test, as you might expect. Whose responsibility is it to restore gas service to the apartment?

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Coop Questionnaire and Confidentiality - H. Mar 14, 2019

Sometimes questions on the Coop Questionnaire are queries about litigation. If the litigation is a civil suit that has been sealed by the judge, can details be omitted in the response?

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ELEVATORS'S LOG BOOKS NOT UPDATED - Sissi71 Mar 12, 2019

Hello, today we found out that the elevator company we hired in our condo did not fill out the log books on a monthly basis of our 2 elevators maintenance. The books are in the motor room and it seems that if the city come to inspect we might get fined. I appreciate your feedback on this matter. Thanks.

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Aces Laundry Reviews/References - Judy S Mar 07, 2019

We are considering new laundry service vendors. ACES looks very good. Does anyone have any experience with them?

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Thanks for mentioning Aces Laundry. We offer 21st Century technology combined with Mom and Pop service. I would like to speak with you and all Board members and can be reached 24/7 ( Just like our service)
@ (917) 416 - 3899

Please call me anytime to see just how Aces Laundry can turn your laundry experience from a "dreary job" to to a something to look forward to!

I'm Stan , please give me a call , and Thanks Again!!

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I forgot one thing - if it's easier to text , thats cool! If it's easier to
EMAIL - well then - stanleymarx@aceslaundry.com

Thanks Again
Stan

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Just to throw another one out there... I have removed CoinMach in all my buildings and replaced them with Hercules which everyone seems to love... The service is very prompt as well.

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We have Coinmach. They are terrible.

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They refused to come and get their machines so I left them on the curb and called them to now come get them!

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That's not good at all. Got another nice reference about ACES. Looking for a firsthand reference.

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For a first hand recommendation
Call Glen Oaks Village, management.
We service over 3000 happy units there. If you want to speak to a building with a smaller audience , call any of our other 250+ locations, better yet call me and I’ll give you a list of each and everyone of our locations, you choose ! They’re all GREAT !!
Stan - 917-416-3898

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Sorry. I posted my number incorrectly it’s
Stan. 917-416-3899
Thanks

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Pee in front of my door - Mohammad Mar 05, 2019

I live in an Apartment building not a condo nor a co-op, forgive me if this is not the proper channel to discuss my issue, truthfully I don't know where else to post this. With that being said, I am having issues where there are one or more non residents in my building peeing in the corner of a stairwell, my apartment door is less than 2 feet away from that very corner. My super knows this is an issue because his door for his cleaning tools is literally right in that corner. This has been going on for months now, and it is come to the point that the smell of the pee is coming into my apartment and is slowly but surely becoming a health hazard for my family. What can be done in this case, we are a long time renter on the property (20+ years)?

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Have you documented this—does your building have security cameras? If not, I would get them. This is a quality of life issue that if left untended can easily turn into something even more serious and dangerous. I would start there. If you have an idea who's doing it, call 911, call your local precinct. Also, go to your local community board meeting, and ask their advice. If your apt. is so close to where this is taking place, keep your ears open and when you hear someone out there, document it yourself. Take pictures. Engage your neighbors to be on the lookout and report it as well. Good luck.

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Tree and Tree Pit maintenance - Sue Mar 01, 2019

Hello,

Our building recently went through a lawsuit (slip and fall) resulting in a costly settlement. The Case took over 8 years. Building was put through the mill with numerous subpoenas and hours of testimony, releasing of records, etc.

The tree was planted by the City over 10 years ago to beautify the neighborhood. I have never seen the tree maintained by the City- in storms branches fall, pit erodes, etc.

The courts found our building solely liable. I find this unbelievable.

Our building just cant afford to maintain the tree. It's bankrupting the building. We cannot afford to be solely liable for a tree shared by many buildings and businesses on the block.

What can our building do? How do we release the building from this liability? We would like the tree removed and the sidewalk replaced.

Thank you.

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Explain your problem when you call 311 they will give you information or you can file a complaint. 311 will also upon your request will give you the right area to call or contact. Best of luck.

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Putting your unfortunate and understandably expensive lawsuit aside... If its a 10 year old tree and the building cannot afford to maintain it, which involves cleaning the pit, occasionally pruning it and sweeping he leaves in the fall; I don't mean to sound harsh, but the building may have more significant problems than the tree itself.
On the flip side.. If the tree were damaged by an accident or unintentional issue, or diseased, or dead from, say some kid driving a nail into it or something, you would be permitted to remove it. .. I wouldn't condone doing anything, but that's just something I heard...

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