Do your research in Google to get a sense of what is available, from what sources, and the cost. Contact Con Ed and Nat Grid to see what they have to offer. Ask your managing agent for consultant recommendations. Local Law 97 has brought a lot of new players into the energy efficiency market and having expert help navigating what's out there and what you should be concentrating on will save you money in the long run.

good luck!

This is a very complex undertaking and I suggest you speak to an attorney with a lot of experience in this field. Even under "normal" circumstances where you don't have the added complications of the HDFC rules and regulations, putting co-op shares into a trust requires a specific board resolution and other documentation. HDFC only adds to the pile. My co-op had our attorney draft the resolution, and my wife who was a T&E attorney said she would not undertake it on her own.

This Is *NOT* a DIY project. Do not try to undertake it on your own!

There are many issues most non-attorneys would not think of, any one of which could dig a very deep hole.

The resolution will cost your board in legal fees, and you can charge those back to the shareholder wanting to establish the trust. The alternative will be to pay an attorney many times the cost of the resolution as they try to dig you out of the hole you created.

Good luck!

I believe this is entirely within the purview of your Board. It is certainly rude and discourteous and should be addressed by your Board immediately. I don't think there are any governmental or legal implications, but the doorman should be spoken to so he understands what is duties are.

My question is...Why is this person still working as your doorman?

He/she should be informed of his duties in writing and then written up and suspended. If he/she continues do it, should be terminated!

As a practical matter what you can and cannot do will be influenced by the doorman's membership in a union. The ultimate goal should be to create a long and robust paper trail to counter suits of wrongful termination and other attempts to remain employed. Your managing agent should be closely involved and your board attorney should also be kept in the loop.

Hi. We had an identical situation happen in my building, and the procedures being followed by the police and medical examiner are exactly the same. Unless a person dies in the presence of a doctor or other medical professional, the death is assumed to be of unknown causes and requires an inquiry by the medical examiner's office.

From what you describe, the legal and estate implications are going to become very convoluted very quickly. You should *not* try to navigate this system without legal help. I would contact your co-op's attorney immediately so there is someone with the proper legal knowledge looking out for the co-op corporation's interests.

Don't do *anything* without legal advice. You know what they say about the road to hell being paved with good intentions...

I hope this doesn't drag out for too long.

You also need to have a hazmat company come in and do a thorough cleaning and disinfecting. If you don't, and anyone gets ill (or worse) from any biological material that could remotely be connected to improper biohazard cleanup, you're looking at a serious negligence lawsuit.

At the very end of 466.15 there is a section which states,

"How to File a Complaint
A complaint must be filed with the Division within one year of the alleged discriminatory act or in court within three years of the alleged discriminatory act. You can find more information on your rights, and on the procedures for filing a complaint, by going to www.dhr.ny.gov, or by calling 1-888-392-3644. You can obtain a complaint form on the website, or one can be e-mailed or mailed to you. You can also call or e-mail a Division regional office. The regional offices are listed on the website. "

It sounds like a good place to start.

Under most coop by-laws, the shareholders themselves can force a special meeting to be called. This is how it reads in our own by-laws: "It shall also be the duty of the secretary to call such meetings whenever requested in writing so to do by shareholders owning at least twenty-five percent of the outstanding shares of the Corporation." Start a petition, get signatures totaling at least the required percentage of shares, and engage a lawyer if you need one. You generally need to state a purpose for the special meeting - e.g., "Election of the board of directors." People can be apathetic, but if you have enough shareholders on your side, you can force the issue.

You'll need to check your coop's By-Laws and Proprietary Lease. Many coops - perhaps most, including ours - allow the board to modify the House Rules directly, without a shareholder vote. Similarly, deciding which contractor to hire for a major renovation is entirely within the board's authority. The board is empowered to make many types of significant decisions without the need for a shareholder vote.

Here is the text of Article XII from our own By-Laws:

"These By-Laws may be amended, enlarged or diminished either (a) at a shareholders’ meeting by vote of shareholders owning two-thirds of the amount of the outstanding shares, represented in person or by proxy, or (b) at any meeting of the Board of Directors by a majority vote, provided that the proposed amendment or the substance thereof shall have been inserted in the notice of meeting or that all of the Directors are present in person, except that the Directors may not repeal a By-Law amendment adopted by the shareholders as provided above."

Modifying the lease itself is a different matter. A material change to the lease pretty much always requires a shareholder vote. Many coops require a super-majority vote for such modifications.

Arrgh, I also meant to quote our relevant House Rule:

"(33) These house rules may be added to, amended or repealed at any time by resolution of the Board of Directors of the Lessor."

Both our By-Laws *and* our House Rules may be modified by a simple majority vote of the board. Your coop may differ.

I have printed them out and plan on going over them in great detail. I'm also contacting the office of the NYS Attorney General to find out what rights owners have.

I understand and thank you for responding- as the board made this decision 6 months after closing, and as both decisions directly affect the shareholders financially (a lot plan or planned to rent and/or get pets) we are all infuriated -and are hoping there are some sort of laws in place to protect the shareholders from the board making financial decisions without a vote. This is incredibly frustrating- as I put an excessive amount of time into researching buildings that would suit both these purposes.

I totally understand your frustration. We have 187 units in my bldg., and the rule was if no one said anything for the first 90 days of the dog owner move in, THE DOG STAYS! I've been here 21 years and every year there are more and more dogs in the bldg. It's a loosing battle. Good luck.! All those dogs are not grandfathered in! The board can change, update, modify anything the by Laws say. If I could afford to move, and if I had some place to move I would. Owning a coop is like many other things, NOT THE WAY THEY USED TO BE!

In addition to what Sandra recommended, case law is on your side. If you have a pet and the rules change, courts have said that you can AT LEAST keep your current pet for its lifetime. It's hard when you're new, but see if you can find out who else has pets and may be effected. If 5, 10, 20 shareholders demand their pets be grandfathered in, it's harder for the Board to ignore.

I feel your best course of action is to contact your board's attorney because there are multiple issues in play with this. Besides the list you provided, your proprietary lease needs to be reviewed to see if it has any provisions for a shareholder making any sort of modification to what is common property (the roof and the support structure above the ceiling of the apartment. You need to check if the transfer of common property is even permitted under the PL. If so how is the transfer accomplished? Do new shares have to be issued to the shareholder? If they can, how are they to be valued... I think you can see where this is leading.

For something like this you want to get it done right the first time to save yourself a lot of heartburn later on. You can properly bill the shareholder who wants to install the skylights for the legal work.

Remember, any legal advice you receive here is worth exactly what you pay for it. Good luck!

I don't see any comments here. As a board member of a co-op where the super is 65+ I am also interested in this subject. I welcome any information or how others have handled a similar situation.

It is up to them and so long as they are still able to perform and do their basic job functions.

They tend to step down in their early 60s.

Many building supers are pushing 60 currently. I have 6 out of 12 supers that are in their late 50s.

It will be an interesting shift once they retire in mass.

A Superintendent job has turned more into property manager role. The next generation will need to be more tech savy in addition to knowing building systems, the endless amount of local laws and knowing how to avoid building violations.

I agree, as long as the super can physically perform their duties. They are staying. If a super is living rent free, let's face it that is all the more reason to try to continue working. Where is a person 65+ going to find a job to sustain today's economy? That also depends on how long he has been working. 25-30 years okay,(with a pension) but if they came into the job late, they may see it beneficial to stay working longer.