New York's Cooperative and Condominium Community

HABITAT

Subscribe for Daily Updates!
Board Elections - problem with Inspector - Disenfranchised Mar 25, 2024

A new Managing Agent was recently hired by the board of a large NYC coop. Some shareholders are unhappy with the performance of the board and the new Managing Agent.

At the annual meeting the board members who hired the new Managing Agent also appointed them to act as the exclusive Inspector of Election. In this capacity the new Managing Agent / Inspector refused to make the results of the election available for review and would only announce the "winners" of the election (which happened to be the same board members who hired the new Managing Agent).

This behavior appears to violate the coop’s by-laws and Section 610 of the Business Corporation Law, but the controlling board members and Managing Agent insist they have the right to act in this manner. Shareholders who ran in the election but were told they “lost” have no way to examine the results and feel disenfranchised. Any thoughts on how to address this matter would be appreciated.

> Join the conversation
Zoom Meetings and the BY-LAWS- Board Meetings - Gouverneur Gardens Mar 13, 2024

If the BY-LAWS are silent—no mention—regarding Zoom or online meetings, Can the Board only implement Zoom-online meetings with Shareholders until they decide to change them?

> Join the conversation Comments (2)

IIRC the NYC Counsel or the NYC legislature enacted a special exemption permitting board meetings to be held via Zoom or any other video conferencing service. This was done during the height of Covid and was intended to facilitate the board being able to conduct business every month despite any provisions in the By-laws. Check with your co-op's attorney for a definitive answer.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

Per a follow-up email from HPD today, in-person meetings are not required. Conversely, online platforms such as Zoom will suffice in agency requirements.

Your Thoughts Please .....

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

Not sure what else can be added to this conversation. If the HPD said in-person meetings are not required, the board has carte blanche to conduct meetings in a venue of their choosing, be it in person or virtual online.

Am I missing something in your question?

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

Perhaps BCL "Business Corporation Law " has something? The majority of shareholders are not board with online only, and many are not tech-savvy. Thank you.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

I think it’s good to ask shareholders from time to time what they’d like. In 2024 boards need to be more open minded and not everything is about looking at old documents from 30-40 years ago. How about a compromise and one year virtual and the next year in person so both sides are happy?

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation
Community Room Access to Shareholders - Gouverneur Gardens Mar 07, 2024

Can Shareholders in a Mitchell Lama Cooperative requesting access to the community room to discuss the Election be denied by the Board and Management?

> Join the conversation Comments (4)

This is an interesting question. I would believe if a shareholder is requesting the community room to have a shareholders meeting the board should not have the power to denied the shareholder in question the community room.

It’s not like they’re having a party or fundraising event where the board would have the right to express concerns of allowing the shareholders in the community room.

So with that being said I hope there’s an attorney out there that could answer the question in a legal manner if the shareholder in question has had his or hers request to the community room rights violated.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

There are rulings in the Mitchell Lama Guidelines underscoring accessibility rights to shareholders. . Worth stating after much push back Gouverneur Shareholders were granted access to use the space to discuss Board Elections. Its was censored by the Board nonetheless. . If anyone out there with legal experience please help with suggestions it will be greatly appreciated.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

If the co-op is a mitchell lama co-op the mitchell lama rules states the shareholders rights. also
Hud rights and responsibilities

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

The Mitchell Lama Guidelines contain rulings underscoring shareholders' accessibility rights. It is worth stating here that we received a lot of pushback from the board.
Shareholders were eventually granted access to our community room to discuss Board Elections, but not without censorship from board members.

Anyone with Legal experience, please advise. It will be greatly appreciated. Thank you.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

Unfortunately, the board still negatively responds to shareholder rights. Management instructs building staff who post flyers to remove them. Limiting shareholders to a meeting

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

As a temporary measure, you can slip a copy of the meeting notice under each unit's door unless you have an unwieldy number of units.

Be very clear about the date, time, and purpose of the meeting. Don't try to hide anything like your name. Mistrust will severely hamper your efforts. If multiple shareholders agree with you, get their permission to include them on the notice. The more who sign on, the more weight your efforts will carry.

Don't badmouth the board or in any way disparage them. Always be completely professional.

Be prepared to hire a co-op law attorney. Interview 3-4 before any meeting with the board. Describe to the attorney what you're trying to do and how you plan to go about it. It's perfectly fine to discuss billing rates and estimated costs during initial contact. Imagine the look on the boards' faces if discussions break down and you calmly state, "I guess this will need to be resolved legally. Here is our attorney's contact information. Who on the board should they get in touch with?"

Good luck!

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation
Airbnb - NYC Mar 06, 2024

Can a board impose a sublet penalty of $3k while the original shareholder is living in the apartment and renting the second bedroom via airbnb? By definition, sublet occurs when the shareholder is not present; which is not the case.

> Join the conversation Comments (1)

Is that subletting or you have a roommate?

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

Airbnb is considered short-term renting. Keep in mind the shareholder is living in the apartment. In fact, its a pre-requisite when applying for a registration number. my question is, can they impose a subletting fee when the shareholding is currently living in the same unit.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

https://cooperatornews.com/article/qa-not-fine-with-fines

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation
Using information gained by debt collector - Elisa Feb 19, 2024

We have an owner who owes quite a bit of money to our building. They use an old email address that often does not work well, e.g., our emails to them often bounce back. If we hire a debt collector, and the debt collector identifies the person's current, working email, does the board then have the right to use it? (This might be a work email.) Thanks for any insight.

> Join the conversation Comments (1)

You are right to identify potential legal and other issues involved with collecting a debt from a shareholder. I would contact the co-op's attorney to get their opinions and recommendations. Engaging a debt collector might create more problems that it solves because of NYC tenants' rights laws, and there are other less draconian ways to resolve an overdue maintenance issue with a shareholder.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation
Gross Floor Area Calculation for Residential Building :: Does It Include Uncovered Roof Decks... - Joe Feb 18, 2024

I'm attempting to calculate the Gross Floor Area of my building (a small coop). What is not clear (to me) is whether outdoor, uncovered, roof decks are used in the calculation (description below).

GFA is one metric used to determine if a building is classified as "covered" under Local Law 97, which mandates reductions in greenhouse gas emissions starting this year (but getting serious in 2030).

Per 1-RCNY-103-06: "Gross floor area is the total number of square feet measured between the
exterior surfaces of the enclosing fixed walls. It includes vent shafts, elevator shafts, flues, pipe shafts,
vertical ducts, stairwells, light wells, basement space, mechanical/electrical rooms, and interior parking.
It excludes unroofed courtyards and unroofed light wells. For atria, gross floor area only includes the
area of atrium floors. For tenant spaces, interior demising walls should be measured to the centerline of
the wall."

Another definition I found says balconies should be included. Nothing I've found either includes or excludes roof decks.

WITHOUT including our roof decks my building is likely just under the 25,000 gross sqft threshold specified in LL97. Including them puts us over. This has serious implications for the finances of our coop in the near future.

> Join the conversation Comments (2)

If your co-op has a managing agent try asking them what the GFA is. In fact, they should be handling the LL97 issues for you as part of their MA responsibilities.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

Gross floor area for Coop is listed on Notice of Property Value for your property in NYC Dof.

Use can use address to search for Borough Block Lot. Also you could use digital tax map to locate your property.

Look for the Notice of Property Value for January of this year as only the January notice has square footage on it.

Then you can look for your building in Dob Now or Building Information System to check for size of building.

LL 97 should not count the area on the roof.

Their is also an online tool called Energy Snapshot the will have basic information on your building such as square footage and energy usage.

Roy

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

Gross Floor Area for LL97 is the
GFA used by Department of Finance.

The square footage is listed on The Notice of Property Value that is released in January.

Gross Square Footage is also listed on your Building Energy Snapshot.

Roy

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation
Laundry Room used by neighbors - Pooh Feb 10, 2024

So we have a strange situation. We have neighbors (another building not part of our co-op) coming to our laundry room and using our machines. Not sure how many but from time to time. It’s not a laundry room in the basement so easy to get on the property . Laundry room has its own space. I feel that a sign needs to be posted …. No trespassing …private property! Has anyone experienced this?

> Join the conversation Comments (2)

We had that situation. A sign won’t work because the type of person who would do this will not be scared off by your sign.

You need to catch them in the act and then threaten them with legal action.

The best way to catch them is with a security camera in the laundry room.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

Many times, most often, are the shareholders, residents themselves giving keys to those they know nearby allowing them in, caretakers too.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

Thank you for your input.

I heard it might be a staff member’s relatives that live near by which makes no sense if you talk about security. Who really are these people? It’s still private property. So one minute you can’t sublet without permission but you can allow random people on our property and give them access? Now I understand why the Super wasn’t concerned.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (2)

Oh the other point I wanted to make was our laundry room isn’t extremely big for all the units we have and we can’t expand it but I would need to wait to do my laundry because a relative of a staff member is using it? That’s not right.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

I believe you also have legal liability and face a potential negligence lawsuit if a non-shareholder is injured using the washers or dryers on your co-op's private property. Check with your co-op's attorney to see if you have any legal exposure.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation
Questions regarding the situation of a parent purchasing a condo apartment for an adult child - Elisa Feb 04, 2024

If a parent purchases a condo apartment for an adult son or daughter, does that mean that the adult occupant of the apartment is the person who gets to vote in condo elections, rather than the purchaser? Our managing agent sometimes cc's the parent on messages about the condo and does not cc the occupant (though they usually do cc the occupant). As a board member, I've asked the occupant to clarify whether they want the parent to receive these messages, and they have not responded. (I'm considering reaching out directly to the parent regarding their understanding/ preference for receiving messages about the condo association.) I'm also unclear about whether the occupant is the person who should be voting in elections rather than the parent. The occupant has, in fact, been invited by management to attend the annual meetings and has voted in our annual elections. (To my knowledge, the parent has never requested to attend the annual meetings.) Any advice is welcome.

> Join the conversation Comments (1)

Who's name is on the stock certificate? If the parents name is on both then in my opinion the parent should be the only vote. We have that type (sort of) of situation in my bldg. The parents name is on both, so when the adult child constantly is in arrears, we send notice to both. In fact the parent is responsible for both apts. All correspondence should be sent to both.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation Comments (1)

We are a condo, not a co-op, so owners do not have stock certificates. Our management company has whatever document shows that the parent purchased the apartment; I'll reach out to them.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation
Selling or Renting Super Apartment - Coop Feb 03, 2024

Does anyone have experience in selling or renting a super's apartment ?
We are a relatively small coop in Brooklyn and looking at this as a potential source of revenue.
Any guidance regarding legality and NYC regulations would be appreciated.

> Join the conversation Comments (1)

Nothing specifically about selling or renting.

Before you sell or rent, be aware there are certain DOB regulations and codes that mandate a super has a physical residence in your building or lives within a couple of hundred feet from your building if the building has 10 or more units. In the future, this could have a problematic impact on your compliance if the super's apartment is not available for the super to live in.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation
Monthly Fees - Frank Dayton Jan 30, 2024

Our Occupancy Agreement (Proprietary Lease) has a Section with rules on paying the monthly fee and voting rules for increasing fees. The ByLaws nowhere mention Shareholders obligation to pay their share of expenses.

The Board is considering simply moving the Occupancy Agreement clause into the ByLaws.

Is that the correct move? What is the standard form on this subject for the Bylaws, if any?

> Join the conversation Comments (1)

The Proprietary Lease governs the privileges, rights, and obligations of the *shareholders*.

The Bylaws lay out how the *board* governs the co-op corporation and conducts co-op corporation business.

Two entirely different documents with entirely different purposes.

Before making *any* changes to either, especially the one the board is contemplating, contact the co-op's attorney. Without consulting your attorney for expert legal advice you could dig a hole deeper than you can imagine.

Full Stop.

Thank you for rating!

You have already rated this page, you can only rate it once!

Your rating has been changed, thanks for rating!

Introduce yourself to other members of Board Talk! Login below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Register

Forgot your password? Click here

> Join the conversation

1 2 3 4 5 6 7 8 9 10 11 ... 222

Introduce yourself to other members of Board Talk! Log in below or register here.

Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Introduce yourself to other members of Board Talk! Login below or register here.
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.

Ask the Experts

learn more

Learn all the basics of NYC co-op and condo management, with straight talk from heavy hitters in the field of co-op or condo apartments

Professionals in some of the key fields of co-op and condo board governance and building management answer common questions in their areas of expertise

Source Guide

see the guide

Looking for a vendor?