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Washing machine in a sponsor apartmentSep 02, 2017

Sadly, our coop bans washers However someone bought a sponsor apt that used to have a washer/dryer and is now installing a new one during renovation.
In fairness to all shareholders, can and should this be prevented?

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Washing machine in apartment - Marty Sep 02, 2017

Absolutely should be prevented. It has to be one rule for all.

I would send a nice, but firm, email to the Board and the Building Manager reminding them of the rule about not allowing washers in apartments, and it appears that the rule is about to be violated in this apartment.

I would inform them of the importance for all shareholders being treated equally by everyone having to follow the rules.

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Washing Machine in Apartment - Steven424 Sep 03, 2017

Marty is spot-on and I second his suggestions.

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to clarify - sponsor apt sale vs regular apt. - DM Sep 03, 2017

To clarify:
If a regular (sold shares) apartment in this coop has a washer is is grandfathered. But how does this apply to the sale of sponsor (unsold shares converting to sold shares) apartments?

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Sponsor vs shareholder shares - Steven424 Sep 05, 2017

Hi DM. As you said, if a washer was already present in an apartment at the time the no-washer rule was put into effect, it is grandfathered in. When a unit is sold and there is no washer, then I believe one cannot be installed simply because the seller is the sponsor. It is my understanding that in situations like this, all shares must be treated equally regardless of who the seller is. If possible, try to ask the co-op's attorney for an opinion. Others on here may have better knowledge than I do.

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Real estate tax rebates - MissP Sep 06, 2017

Who is responsible for making sure that the tax rebates are applied correctly? Our managing agent does not show us what they get from the state and there have been errors (people getting rebates they do not deserve or not getting them -- all due to sales).

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Real Estate Tax Abatement - Steven424 Sep 09, 2017

Hi MissP. If you are concerned that you are not receiving the correct amount of rebate, try contacting the DoF at the email address listed on this website: http://www1.nyc.gov/site/finance/benefits/landlords-coop-condo.page I don't believe the managing agent has any obligation to share the list with you because it contains information about other apartments besides your the board may consider proprietary. We do not share the list with our shareholders for this reason.

The list received from the DoF by your managing agent contains the amount of rebate for each apartment if the apartment is eligible, or the reason why the apartment was considered ineligible ("insufficient information", "not primary residence", etc). It is the managing agent's responsibility to make sure the rebate received by each eligible shareholder is what is contained on the list.

Are you concerned about the accuracy of your particular rebate, or the rebate distributed to other apartment? The list of rebates received by your co-op from the Dept of Finance is per-apartment and there is no dependency between apartments on the amount calculated by the DoF. Your managing agent should let all ineligible shareholders know they are ineligible and work with them to make them eligible.

I hope this helps.

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Real Estate Tax Abatement - MissP Sep 11, 2017

I'm on the Board. At one time there was an article either here or in The Cooperator saying the Board was responsible for reviewing what units the state and managment company had for the rebates. They have been wrong before. If the managing agent does not provide the Board with the list and does not correct it, is the Coop liable for the error?

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Real Estate Tax Abatement - Steven424 Sep 13, 2017

If your managing agent does not provide the Board with the list, I would immediately fire the MA. Really. The MA is an agent of the board and reports to the board. Withholding anything relating to Co-op governance is, in my opinion, sufficient reason to immediately terminate their contract.

I am not a lawyer so please do not take the following at legal advice. Since the MA is an agent of the co-op and legally answerable to them, your board may very well be implicated in any litigation arising from a shareholder's loss. Only the DoF can change the list, the co-op (managing agent) needs to file update forms with the DoF. I believe, though, that it is ultimately the responsibility of each shareholder to correct any errors because only shareholders can prove to the DoF's satisfaction that their co-op apartment is their primary residence and meets all other criteria to receive the rebate.

But seriously, if your managing agent is withholding anything from your board like the list of apartment abatements, you have to wonder what other shenanigans they are playing. Someone on the board should work with your accountant to make sure there isn't any fraud or embezzlement going on, and then work with your attorney to fire your current MA and find an honest and reputable replacement.

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tax rebates - co-op_owner Sep 10, 2017

managing agent has a responsibility to:
-advise shareholders who are not getting rebates that they are not
-ensure the rebates are applied correctly

note that a rebate can carry over from a sold apartment to the new owner for a year or so. if the co-op assesses the abatements, everyone is assessed. if you get the abatement you may be assessed for a slightly different amount as the abatement must be assessed on a per share basis.

if your mgmt company is not complying, the board needs to take action.

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