New York's Cooperative and Condominium Community

Habitat Magazine Insider Guide

HABITAT

Subscribe for Daily Updates!
Mediations - Wendy Dec 17, 2022

Can a board run a mediation between shareholders?

> Join the conversation Comments (1)

Wendy - I'm not a co-op lawyer, but I am a commercial litigator with decades of experience and have served on three co-op boards. Mediation is generally conducted by a trained mediator who can professionally evaluate the strengths and weaknesses of each side's position and guide them to a voluntary resolution. Board members would not ordinarily have that expertise. But even if they did, they are likely to be perceived as having conflicts of interest by one side or another. If the dispute involves one or both shareholders violating house rules or the proprietary lease, then the Board's role is to police and enforce the rules. If it is a dispute that does not involve violation of the rules, then the board should stay out of it. But of course, a dispute that disturbs neighbors likely violates the 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
Want out of my coop - Wendy Dec 17, 2022

Is there any way I can break the two year sale rule and vacate the apt of my coop? The noise issue I have is ongoing and I need to get out of there.

> Join the conversation
Board gave Mang full authority - Gerard Dec 05, 2022

Our Board has given the Mang Co full control of the building. If you are on the board this is great - but for the rest of the Coop - good luck!

> Join the conversation Comments (2)

When you say "full control" could you describe what this includes? There are some aspects of co-op operations the MA should have control over.

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 am at my wits end. I have submitted noise complaints, logged dozens of 311 calls, and complained to management since I moved into the coop. A neighbor above me makes an obscene amount of noise for hours in end. The board did nothing until this month where one board member organized a mediation. It was unsuccessful. The burden was on me to prove the noise complaint was valid! It was a disaster and the shareholder continues the noise and managed to deflect in the meeting, appeal to emotions and use ghastlighting. The board states that they can do nothing more at this point , which now emboldens the shareholder. What recourse do I have? Also can the board run a mediation??? Or was this basically invalid? Does anyone know how I can record the noise for future use in court? Phones do not work. Please advise. This is a nightmare. The shareholder even sent another shasrrhikder to my door to intimidate me. The board did nothing.

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)

Wendy - You're not going to like my answer, but from the situation you describe you are probably going to have to hire an attorney.

There are laws and regulations on your side (see "warranty of habitability" for one) but they can be a legal nightmare if you try to navigate them yourself.

If you haven't already done so, start keeping a log (date/time/duration) of each excessive noise incident. There are programs for smartphones that are very good at recording ambient noise. There are also smartphone programs that measure and record noise levels. The one I use on Android is "Sound Meter - Decibel" by Melon Soft.

Put everything in writing you send to the board, the MA, and your upstairs owner. Keep track of every 311 call, especially the tracking number. 311 has a web portal at "portal.311.nyc.gov". Create an account. All your interactions with 311 should then be available online.

But from the non-cooperation and complete disregard for your comfort and well-being, it sounds like at some point you will have to hire a lawyer if you want to stay in the building.

I wish you the best of luck,
--- Steve

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)

Run for the Board and also mention this at the Annual meeting. Contact the President of the Management company about the noise issue if your day to day rep can’t handle it. Also don’t you have house rules regarding noise and if not then it needs to be added.

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 live in Mitchell-Lama apartment. It is same situation. President of the board take one side, and ignore and punishment others, witch is serious violation. By roles and regulations 80% of floor must to be covered by carpet, but president and board ignore this. What to do, my neighbor ask.

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
VIBE MANAGEMENT ADVICE FOR RENOVATION - Daniel S Dec 02, 2022

Hi, is there a resource that gives advice for trends in vibe management for renovations/upgrades to condos? I'm looking to get advice on what kind of tech we should be incorporating in the walls/ceilings, etc. And also, really curious of people's experience and data on if music is a good idea. Any resources about this stuff? THANKS!

> Join the conversation Comments (1)

There are a number of different factors that are assessed in a good vibration management analysis. Which particular type of acoustic anomaly are you concerned about in your renovation/upgrades?

You'll need to consider the transmissibility of vibrations through acoustic materials, the second and third harmonic distortions over a section of undamped wall, the duration and amplitude of each vibration component, etc. This is just the beginning for a rigorous analysis if you are concerned about transonic energy causing any damage or outright destruction to the underlying surfaces.

Please provide a little more detail so we can help.

--- Steve

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 insurance for our coop bldg just skyrocketed - DM Dec 01, 2022

Anyone else? We are in Manhattan.

> Join the conversation Comments (1)

Yeah, we've been warned of the same increases when our policies renew. We're in Brooklyn. In addition, there are also non-premium changes coming such as the requirement for the board to submit to the underwriter a copy of the alteration agreement and contractor's insurance policy to make sure there aren't any "worker injury" exclusions.

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
Finding a super - Brooklyn Co-op Nov 30, 2022

Does anyone have any resources for locating a full-time superintendent for a small Brooklyn co-op (around 45 units)? Our management company has sent us a handful of resumes, but all of the candidates are more appropriate for doormen/porter positions rather than a super position.

> Join the conversation Comments (1)

Hey! My name is Nick and Im currently a part time super looking for a different building.

I have 5 years expierence as a property manager and a few years in project management. It would be a pleasure to email you my resume.

Finding the right super can be a challange for sure. Most of the time its done through word of mouth and reccomendations from property managers.

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)

Nickcataldo@rocketmail.com. Hope to here from 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
Do Exemptions Stay With Apartment After Sale - NYC Nov 21, 2022

If I sell my co-op In January, and am relocating to another state, do the Enhanced star exemptions stay with the unit until next year?

> Join the conversation Comments (2)

I have very little experience with the situation you describe. I recommend you contact the Board of Finance, they should be able to help you. If I remember correctly, there is a hard cut-off date that your co-op apartment needs to still be your primary residence for you to get any exemptions or the R/E tax abatement.

Good luck, and please let us know if you get an answer from the DoF

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)

Some of you may remember me from 2019 but I posted the similar question about abatement.
I ended up suing the management company and the new owner (buyer) for taking our 2 year abatements.
The status date is 1/5 and we sold the coop 3 weeks later. Abatement is given by the city in chunk to the coop in December and distributed in the following spring so ours from 2018 was given to the new owner in 2019 and as we were still the owner on 1/5/2019, they received it again in 2020. I contacted DOF and they sent the abatement records showing our name.
Star abatement on the other hand stays with the unit. It’s written somewhere official.
If you plan on selling your coop and has abatement, please make sure you sell it after 1/5 and at closing discuss about the 2 years abatements.
I needed those abatements as our new coop charged us assessment but the previous owner wasn’t eligible for the abatement as he was an investor so we had no abatement we inherited from him to cover the abatement. We had to pay the assessment out of pocket.
As the small claims court is practically closed we don’t know when our case will be heard. I was hoping to report back here once it happens.

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. Very helpful information. .:-)

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

To the "Coop Condo abatement - OG Nov 26, 2022" who wrote about having to sue the Mgmt and new owner.
First, thank you for writing about your experience and could you please share more?
Did the atty who handled your sale contact the buyers atty first?
Why doesn't the error clause in the contract enable you to rectify this matter after the closing?
What was Mgmt's reason for denying you STAR?
Would you please provide the link or where does one search for the details in this matter. 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
Solar heating option? - Solar heating option? Nov 10, 2022

We are a small co-op, 40 units. We have a central boiler that provides heat and hot water. I would like to understand any energy efficient options, such as solar, that might be a suitable replacement. Any suggestions would be appreciated

> Join the conversation Comments (1)

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!

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
No quorum again 16 years later! - Unosay Nov 06, 2022

No quorum for 15 years and had our first electronic and virtual meeting two weeks ago which resulted in no quorum again. This time our new management company sent out the results which showed 267 shareholders did not vote. 213 shareholders voted and 45 appeared on Zoom. My question is can shareholders get a copy of the shareholders that didn't attend our meeting so we can reach out to them? We need to find out what is wrong that; that large number of shareholders didn't vote or care to attend the meeting after a ballot box was placed on site? We have 115 sublets out of 480 units could that be the reason why we cannot obtain a quorum? Can we get our quorum lower to reach a quorum at a later date. When asked for an adjournment our lawyer said the board has to vote on it and the same for lowering the quorum. What can we do to move forward as I tried rallying the shareholders and only got 6 who want action? Thank you !

> Join the conversation
Trusts and HDFCs - marym Nov 03, 2022

Can I put my HDFC co-op in a Trust?

> Join the conversation Comments (1)

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!

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... 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ... 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?