New York's Cooperative and Condominium Community

Habitat Magazine Insider Guide

HABITAT

Subscribe for Daily Updates!
Apartment closing documents - David Jul 11, 2023

Whenever our building has a closing, the management agent sends a 100 page document that requires 11 signatures

Does anyone do this digitally or is paper the only option with wet signatures?

> Join the conversation
What to do with Hoarding shareholder - Bronx HDFC Jun 29, 2023

In the HDFC I live in there is a person who is a hoarder, the way we found out was due to a leak that she was not letting us in and the shareholder under her apt. call fire department and they told us of the situation. On top of this she is in arears again. What can we do legally to get her out of for her to clean??? please help!!!

> Join the conversation Comments (1)

Your first call should have been to the co-op's attorney. There are several issues at play here which need to be discussed with the attorney and the Board.

1) Arrears - the shareholder is not living up to their legal financial obligation.
2) Hoarding - an issue that affects the health and safety of all shareholders, in
addition to the property value of the co-op.

The fact that you're an HDFC may affect the way that the Board can approach this delicate situation. Let attorney provide the needed legal guidance. You definitely don't want any legal missteps in this complicated situation.

Good luck and keep us posted.

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)

Unfortunately, We too have the same problem! We called protective services and the exterminator. Yeah it was that bad. Protective Services were able to come in do an evaluation, and is getting him help mentally, and get someone to clean out apt. That does not help with the arrears. This is not the first time this happens, and we are looking to see what can be done in the future. He has no family we know of. We are still in the early stage. Don't really know just yet what is next. Thanks for the legal suggestion.

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
Getting rid of a non-paying Condo owner - Elisa Jun 24, 2023

I'd appreciate some advice on getting rid of a condo owner who is behind in their payments. We are a small Condo with a limited budget. One of the owners now owes over $3,000 in common charges. We don't have an attorney. I've read a couple of articles in The Cooperator but the articles often cite laws in states besides NYC. If any NYC condo owners have successfully placed a lien on the apartment of a non-payer, and have successfully ousted them, I'd appreciate hearing how you did it. Thanks.

> Join the conversation Comments (1)

This podcast episode with a NYC attorney, Stephen Lasser is exactly what you're looking for:

https://podcasts.apple.com/us/podcast/nyc-real-estate/id1316217394?i=1000615904697

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
renovation - Saft Jun 19, 2023

What is the order of process for a renovation. Does the architect submit the design plans before the shareowner receives the alteration agreement ? Or does the board provide the alteration of agreement before the design plans are provided.
Can the board exercise discretion as to what occurs first ?

> Join the conversation Comments (1)

*Usually*, a renovation begins with the signing of an alteration agreement. This is so the board and shareholder start out on the same page and the shareholder formally is made aware of the board's requirements and limitations for the renovation. From this point forward the renovation is governed by the terms of the alteration agreement and other policies in place.

*Sometimes*, with a very extensive renovation that can impact building services or the structure itself, an informal drawing or description is submitted ahead of the agreement, to make sure the board is okay with the work to be done before any more time and effort are spent.

The board can exercise its discretion, provided the board is mindful of its mandated responsibility for fairness and impartiality when making decisions.

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
Co-op buying and selling units - Pooh Jun 05, 2023

Wanted to know your thoughts on this?

I understand having one or two units and especially to rent them out and if necessary sell but do you think it’s financially good for a co-op to buy 10 units? Different years but it seems to be more and more each year they’re selling one and then buying one. I feel too much money being wasted on closing costs etc when co-op could use some of that money for key repairs.

> Join the conversation Comments (1)

Have they provided a reason for this behavior or have you or anyone else asked a board member for the reason behind this odd behavior?

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 in their heads it’s making money for the co-op but to me with all the added cost especially if you have to repair a unit to sell or buy it doesn’t add up. It’s making everyone rich on each sell right? Lawyer, agent etc.

So you find it odd too?

To me once in a blue mood a co-op has an opportunity to buy a unit but I also find it odd is if you want to raise the maintenance and talk about the economy etc to shareholders but yet we have enough money to buy units? Doesn’t make sense.

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)

Almost sounds like a money-laundering scheme to me. If there's a large difference between a unit's purchase price and its selling price without any obvious reason for the difference, it could be a way of washing money or funneling money to the putative owner of the unit.

It could also be a way of goosing up the unit's price for comparable checks or loan collateral. This happened a lot during the 2008/2009 real estate market meltdown. Units would flip-flop between the same two owners, but each time the price would go up. Then it could be used as collateral for larger mortgages and other real estate-backed loans.

If you can, try to find out more about these transactions or speak to your co-op's attorney

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)

Does your co-op own any units that they rent out and possibly sell at times when funds are needed?

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)

That's an interesting question, Pooh. It it turns out to be true, it exposes the board to a whole new level pain - abrogation of the board's fiduciary responsibility to the shareholders.

Imagine a board needing to tell shareholders that an apartment the co-op bought for $500k is now worth only $400k when it needs to be sold to raise a large amount of cash.

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
Extended Stay after Closing - NYC Jun 03, 2023

Can a seller stay in unit after closing if previously agreed to by buyer?

> Join the conversation Comments (1)

Yes, if both the buyer and seller agree to it in their contract. There is usually a specific date mentioned in the contract when the seller must leave.

I’ve seen contracts where the buyer gives the seller a few weeks to stay so the seller can tie up loose ends.

When I’ve seen this situation invoked, the seller must leave by the end of the month, making it nice and neat for the buyer to take over the apartment on the 1st of the month.

I’ve never seen a Board reject this type of agreement.

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 Marty, that is great to know. : -)

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
SHARC technology - Chloe Jun 01, 2023

Has there been any progress updates on the installation of geothermal technology to heat the building?

> Join the conversation Comments (1)

Try Googling "SHARC technology". I'm sure you'll find the greatest amount of information available.

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)

Thanks, Steven424, Will Do.. :-)

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)

You piqued my curiosity, so I looked up SHARC Technology. If you want my opinion, I think it would be a complete waste of resources to install a unit that does nothing more than recover heat from a building's wastewater. Most buildings today do not generate sufficient wastewater at a large enough thermal differential to justify the return on investment.

Here's an article I found https://highmark.co/technologies/sharc-wastewater-energy-recovery/ Your mileage may vary.

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
501 (c) (3) membership "shares" sold - David Carrillo May 30, 2023

What, if any, specific reporting is required by IRS for the "gain" on shares of an ex-member departing charitable tax-exempt co-op? I'm in California so knowledge of co-op law is almost non-existent here. The members are mostly very poor so I'm guessing they are not a high priority for IRS. I don't see anything in the Form 990 instructions and my 2008 edition of Tax Management's Co-op Portfolio doesn't seem to cover this--Joel E. Miller ESQ where are you?

dc

> Join the conversation Comments (1)

You should consider consulting a California attorney who specializes in CA co-op law, rules, and regulations. Most of the contributors on this board are familiar with NYC co-ops, and I'm pretty sure this is little to no commonality between CA and NYC co-op rules and regulations.

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
Unsold Shares - Greg May 24, 2023

The owner of unsold shares of several apartments died without a will.
His brothers are attempting to get court permission to take over the apartments.
If they do so, are they the owners of unsold shares and do they therefore have the right to sell
to other investors as unsold shares?
Can the Coop force them to sell to owner-occupiers?

Thanks

> Join the conversation Comments (2)

My best and only advice is that you not do anything except bring the matter to the attention of the co-op's attorney and be guided by what they tell you. The few dollars you may save by trying to do this yourself could mushroom by orders of magnitude if you don't proceed to the exact letter of the law. My wife was a Trust and Estates attorney and you would not believe the levels of detail and complexity in dealing with something like this.

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 Comments (1)

What ever happened to the unsold shares?
We own co-ops throughout the City and would be interested buyers if they're available for sale. lf you would like to discuss email me @ stevenduck88@gmail.com
All the best!

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 agree with Steven that consulting an attorney is *mandatory* here. Unsold Shares are one of the most complex and contentious areas of co-op law, with significant changes in interpretation over the years.

One point which I don't believe has ever changed (but confirm with your attorney): if the shareholder has lived in the apartment for even a day, then they are no longer a Holder of Unsold Shares and cannot regain that status.

- Carl Tait

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
Forced to Replace Fuse Box with Circuit Boards - VA Yonkers May 19, 2023

My Co-Op building management is forcing shareholders to replace their fuseboxes (which was there when I moved in eight years ago) with circuit breakers at the shareholder's expense. If they are requiring it, shouldn't the be responsible for the cost?

> Join the conversation Comments (2)

Quick question. Where do you think the co-op's management would get the funds to replace fuse boxes with circuit breakers throughout the entire building?

Quick answer: Shareholder maintenance increase or assessment

It's much more financially fair to all shareholders that each unit owner be responsible for replacing their fusebox only. Over the years individual shareholders may have added additional electrical capacity to their fusebox or made other changes resulting in a more complex replacement and higher individual replacement cost.

If you read your proprietary lease, there should be a section that states you purchased your unit "as is" and become responsible for all defects extending back to when the Offering Plan was approved. I think it's paragraph 18 in most standard PL's

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)

Our Coop did the same it's an upgrade from the old glass fuses to breakers. Cooperators should not be significantly upgraded without Board and Management approvals to increase electrical capacities. This is to ensure code compliance and safety measures. It would be on your proprietary lease, or house rules

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

Hi, your Proprietary Lease (PL) should have a section called Repairs by Lessee which spells out the responsibility of the Shareholder and the corporation with regards to repairs.

Traditionally, all electric wiring and service, once it enters into your unit is the Shareholder responsibility. We do this replacement of Federal Pacific / STABLOK breakers that are a fire hazard and the shareholder is always responsible for the payment, as per the PL.

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 12 ... 219

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?