According to the New York Cooperative Corporations Law item 75, Audit and annual report, this type of information should be available for inspection by any member. In other words, they may request that you come to the office to inspect the agreement versus giving you a copy of the agreement. I would put in a request to view the contract at a date and location of their choice as per article 75 of the New York Cooperative Corporations Law. You could add "or alternatively, provide me with a copy of the contract".

Ned, I do not believe that shareholders have a right to view individual contracts. Shareholders are entitled to a copy of the annual audit and financial report, which must be prepared using GAAP guidelines. The report only contains dollar amounts. It does not go into individual contractual details unless they deviate from standard terms and conditions and materially affect the finances of the co-op.

Also, many contracts contain competitive information that is proprietary to the vendor. It may contain specific terms regarding non-disclosure. When my building had a contract with a DTV service provider it contained a non-disclosure clause.

I'd like to point out something to be very wary about with cable contracts. Many require a certain number or percentage of building apartments subscribe. If the minimum number is not met, the co-op corporation is responsible for making up the difference in monthly fee income to the cable company.

This is the reason we never renewed our contract. We had a second DTV service provider wire our building so we had competition. I also knew that there were more and more ways individual viewers could obtain all the channels and services they wanted over the internet. Fewer and fewer each year were signing up with the cable companies for DTV service. It seems ludicrous to me to put the building at risk for multiple years to subsidize natural changes in technology.

I would ask your board if the contract contains any performance or minimum subscriber guarantees. If it does, you building may end up subsidizing the dwindling number of apartments who remain with Cablevision.

Hi Stephen; thanks for your thoughtful response however I do believe that shareholders can in fact view, if requested, (versus get a copy) any financial information and that includes contracts. A board is signing on behalf of all shareholders and if someone is signing on your behalf, you are entitled to view what has been signed.

I don't think that shareholder approval is needed. When we talked about this issue, it was treated as one of those Board decisions that would be made (like so many others) on behalf of all shareholders.

If there are any limits to the boards purchasing authority (i.e. over X amount requires shareholder approval) and the cost to implement sub metering is greater than this amount, then they would require shareholder approval. If there are no limits (or the cost is less than the limit), then they do not require shareholder approval.

Ned,

Thank you for pointing out this possibility. Our Board does not have any such limits, so we did not require prior s/h approval.

Hi Marty, it's something that your co-op may want to consider a Limits of Authority clause. That way shareholders have a say in expenses exceeding X amount. The clause is not to limit or restrict the board in as much as it is to ensure that shareholders are aware and support expenses exceeding a certain amount (and other items that could be included in a Limits of Authority clause).

Ned,

I understand what you're suggesting. Would you include an expensive roof and/or boiler repair as part of a Limits of Authority clause?

I see potential trouble if you do, because these things are necessary and must be repaired quickly. If "x" percent of s/h don't want to spend the money, then what does the Board do?

We also have a clause within Limits of Authority that allows the board in cases of emergency to proceed without shareholder approval, regardless of the cost. We further define what an emergency constitutes, i.e. immediate or impending risk to health, life, property, infrastructure, safety, security or the environment.

That makes sense. As far as getting shareholder approval on other types of projects, that seems to be possibly very time consuming and expensive, because the Board would then have to give out pertinent information to all shareholders so they are up on the details. Then there's the part of waiting for s/h feedback. How long does your Board wait? Is there a quorum of voters need to make this type of financial decision?

I guess our co-op feels that the Board is elected to make such types of decisions. If s/h aren't pleased with the Board's performance, then vote 'em out.

I've served on the Board for more than 20 years and there's never been a whiff of impropriety from the Board, so it hasn't been an issue for our co-op, although I could understand why some might think it's a worthwhile idea.

The newer, October 2014, NYSPSC regulations do not require a vote by the shareholders. It is up to the Board to decide on submetering. As a submetering company, with over 35 years of experience, who regularly works with Co-ops to get PSC approval, we know and follow the regulations. If your building is Master Metered, you will have no issues getting PSC approval. If you building is Direct Metered, your application has to have, at minimum, the intent to add some kind of back up power source such as solar or CHP, combined heat and power. Please feel free to contract us for a free walk through. We would be happy to provide information to the Board on the benefits of submetering.

The board can approve sub-metering without shareholder approval, although many boards may not want to take such a step without shareholder input. The Public Service Commission only requires Board approval, but they want proof that the shareholders have been property notified.

Thanks for all the input. It has been very informative. As I am a relatively new board member there are procedures that I'm unaware of. At my co- op there is a capital improvement committee (CIC) that has made arrangements for sub metering without the entire board voting. Should they proceed without bringing the matter before the entire board for a vote, what recourse do I have? Also, I believe the CIC is being advised by our attorney that this is legal. I disagree and if the committee continues on this route and has our building sub metered without a vote by the board in its entirety, can you inform me as to which agency I file a complaint against the attorney?

Thanks for all the input. It has been very informative. As I am a relatively new board member there are procedures that I'm unaware of. At my co- op there is a capital improvement committee (CIC) that has made arrangements for sub metering without the entire board voting. Should they proceed without bringing the matter before the entire board for a vote, what recourse do I have? Also, I believe the CIC is being advised by our attorney that this is legal. I disagree and if the committee continues on this route and has our building sub metered without a vote by the board in its entirety, can you inform me as to which agency I file a complaint against the attorney?

Unless the Board gave authority to the CIC to pursue submetering, I would suggest that the Board vote to approve the project. If nothing else, the optics to shareholders are better. Submetering saves the building money. It's been proven time and again. Some shareholders will pay more. Most will pay less. They ones that pay more will be vocal. It's much better for an entire Board to be behind the project than a subgroup.

We had long delay because doors were mismeasured and then firm didn't complete finishing touches because we enfoeced late penalties, including leaving open permits. Post if you'd like to discuss fully.

Is there a reason why the 12th floor residents can't take the elevator to/from the 11th floor and walk up/down 1 flight of stairs? Is there a problem with the 12th floor - the door doesn't work or doesn't exist?
As Carin stated, having a firm deadline and penalty clauses may reduce the timeframe. I would be flexible on the start date until the required parts are on site and checked to see that they are to specs. Push back the start date if necessary until everything has been checked.
I was recently told by our elevator company that there are new NYC elevator requirements that need to be in place by Jan 1, 2020 that will take most NYC elevators out of service for the work required. He also recommended upgrade of our control panel due to its age (only 18 years old) as parts are getting harder to obtain when needed. With the control panel replacement, the elevator could be out of service for 4-6 weeks. Ballpark cost per elevator with the new control panel $80K.

Try this website: http://www1.nyc.gov/nyc-resources/service/1950/residential-maintenance-complaint

What is the minimum coverage required by insurance banking regulations?

That's a very good question with not a very simple answer. Every lending institution has their own guidelines, as well as guidelines for the specific building and property. Then add in individual board and/or association rules, well you can see the possibilities are endless. Best guidelines are to require limits specific to the specific property and that "Guaranteed rebuild", regardless of limits purchased are included along with enough liability protection - damage to others property or injury to others - within the context of the dynamics of the building. In Manhattan - it's not uncommon to have High Net Worth (HNW) and Ultra High Net Worth (UHNW) neighbors. Imagine your bath overflowed and caused damage not only to your next door neighbor but also your downstairs neighbor AND their next door neighbor. It happens. Imagine one was a fine arts avid collector - value $10- $50 million and all you had purchased was $1-$5 million (typical amounts purchased without an appropriate review) of excess/umbrella coverage. Now imagine some of the fine arts of your neighbors damaged or destroyed to the tune of $25 million. Well your insurance should cover up to the limits you purchased, but then you will be personally on the hook for amounts not covered by insurance, which to most would be a catastrophic event. There are too many scenarios which is why a comprehensive individual review of your specific needs is essential.

Following is one example of what I call minimum banking requirements - leaving the owner completely exposed, while thinking - "I have insurance!"

o The policy must be equal to 20% of the appraised value OR state that the amount is sufficient

Appraised value has no relationship to what it may cost to rebuild, what your personal property is, loss of use if you need to live someplace else while your property is being repaired, the liabilities each of us faces.

The mortgage bank is only interested in being made whole in the event of a full or partial loss to their collateral, i.e. the apartment or building. In a co-op, the loss of the building is the responsibility of the co-op corporation. Each shareholder is only responsible for the basic outfitting of the contents of the apartment. That's why mortgage banks want to see a copy of the co-op's underlying liability policy and may or may not require a separate co-op owner's policy.

While I've never seen a bank not requiring a "separate coop owners" policy, I think you immensely for adding this post as it just goes to support - that banking requirements or lack there of have no relationship to what an individual or family or business needs to have in place to protect what they own, who they love, and what they care for. If there are coop or condo owners without homeowners insurance plus an umbrella or excess insurance policy regardless of bank regulations, you must fix that today. Our world is litigious. Without insurance, you will be personally responsible and unless UHNW- you do not have the available funds to cover a loss.

So what you're saying is that if my downstairs neighbor has a $15MM Rembrandt hanging in his bathroom and my tub overflows, I need to have enough insurance to fully cover his loss?

If you live in that world - then yes, you need to own appropriate limits as you would be responsible for that type of loss if the the cause of the loss occurred in your property. In your scenario, the board would have a better idea of who lives in their building, and their rules would require higher limits and be stated in the by-laws. Naturally I'm hoping someone with a $15mm Remebrandt would not have it hung I a bathroom or underneath someone else's bathroom, but common sense is not and exclusion or requirement of insurance or liability. What I'm hoping to share is that most individuals are under insured and the same way your taxes are reviewed annually, so should your risks and exposures - especially if you work with one of those direct carriers who allow to state what you want to pay, or we've been there, or have animated spokespeople as well as worldwide call centers with faceless reps. These reviews should include your homeowners, auto, valuable articles- i.e. - fine arts, collectibles- jewelry, musicals instruments, stamps, coins etc - as well as your life insurance, disability insurance and long term care insurance policies - as life changes, and we cannot rely on protections that were put out n place sometime in the past have kept up to date with who we are now.

Suggest you contact a lawyer, immediately.

Ty. I have an attorney.

Without knowing what has happened previously in the divorce/housing court proceedings, it would be unwise for anyone other than your lawyer to give you advice. If you don't like your lawyer, you can always look for another one.

Check the prop lease and consult a lawyer. But the Board should be able to make a deal with a shareholder to buy the apartment after the Board exercises its right of first refusal. As long as the selling shareholder gets its price, there should not be a problem. (Assuming the Board is not colluding with the buyer to lower the price.)

But the Board should consult an attorney.

There is no provision for ROFR in the prop lease or by-laws. Would it need to be there or could we do this without having the actual wording? The seller would still be able to make the sale. I do think it makes sense for it to be in the by-laws. We will of course consult the attorney, but I have to provide as much info to my board so they might consider it & why it would be beneficial. Based on other articles I've read here, the Board could designate another shareholder, it seems. I'm trying to make the case for how it will benefit our shareholders, protect property values & how to make it happen. We also want to educate the shareholders on why this is a good idea and if someone is looking to sell quickly & much below current values, then maybe there could be an active list of shareholders, who could be ready to purchase should it come up.

There is a complaint line for odors with the city. Register a complaint there, aside from the one you already put to use. Your neighbor should have a vent with sufficient cfm (evacuation) to clear the air. You may also want to bypass the board and go straight to the managing agent. A lawyer is expensive but another avenue of complaint.

311 does not take food odor complaints. do you know which city agency does???

Hi, I have question about this issue..the board has finally responded to me with the following:
4. There is no issue of “habitability” since the smell of baked goods does not make an apartment unlivable.
5. There is no health issue, as the smell, as I understand it, is unpleasant, not unhealthy.

is this legal..I have written time and time again that the sweet smell makes me ill causing headaches..

I live in a self managed coop..

i just called 311 they do not handle food odor complaints

Check your Prop Lease. There is probably a provision about unreasonable orders and another provision saying that Apartments can be used for residential purposes only.
If the Board wont do anything, you may have to contact an attorney. Or perhaps someone at the attorney general.

Many leases or house rules have restrictions allowing odors to go into common areas or other units. If that is the case and the board has been notified and is refusing to do anything, perhaps speak to an attorney about your options.
Another option is to seal up your apartment so that the odors can't enter. This could be caulking the gap where the baseboard meets the floor, around window and door frames, heating and water pipes. You can also add foam draft stops around outlets and light switch plates. This will also reduce the likelihood of bedbugs, roaches, etc. getting into your apartment.

http://www1.nyc.gov/nyc-resources/service/1163/indoor-air-quality-complaint

Most proprietary leases do have warrant of habitability clauses. Having worked in insulation I can tell you odors are very tough to combat. It's expensive as if there are bays in the wall (spaces between studs) that interconnect odors will come up that way also.

Hi my name is Evangelina. I am the sole shareowner of a cooperative 3 bedroom apt in the bronx. I am currently going through a very difficult and ugly divorced. My soon to be Ex husband has thrown out all of my personal belongings. He is living in the apt along with his three adults children ages 31, 29, and 25. He has given my Master bedroom to his 29 yr's old son. His 31 yr's old daughter is a certified teacher with the DOE. And she is not suppose to live there according to the coop by laws, because of her income. I did go to court to obtain an ILLEGAL LOCK OUT ORDER. The judge granted me RE-ENTRY. But I am unable to physically live there as to which i have no where to sleep. QUESTIONS. Can I go to my apt and demand my bedroom back? Can I remove my Stepson's items from one room to another, in order to bring in a bedroom furniture. I don't have anywhere to live as I was staying with a friend and she has moved out of state.

Hi my name is Evangelina. I am the sole shareowner of a cooperative 3 bedroom apt in the bronx. I am currently going through a very difficult and ugly divorced. My soon to be Ex husband has thrown out all of my personal belongings. He is living in the apt along with his three adults children ages 31, 29, and 25. He has given my Master bedroom to his 29 yr's old son. His 31 yr's old daughter is a certified teacher with the DOE. And she is not suppose to live there according to the coop by laws, because of her income. I did go to court to obtain an ILLEGAL LOCK OUT ORDER. The judge granted me RE-ENTRY. But I am unable to physically live there as to which i have no where to sleep. QUESTIONS. Can I go to my apt and demand my bedroom back? Can I remove my Stepson's items from one room to another, in order to bring in a bedroom furniture. I don't have anywhere to live as I was staying with a friend and she has moved out of state.

Hi my name is Evangelina. I am the sole shareowner of a cooperative 3 bedroon apt in the bronx. I am currently going through very difficult and ugly divorce. My soon to be Ex husband has thrown out all of my personal belongings. He is currently living in my coop apt with his three adults children, ages 31, 29, and 25. He has given my Master room to his 29 yr's old son. And his oldest daughter 31 yr's of is a certified teacher whom works for the Board Of Education. And according to the HPD standard coop bylaws doesn't not clarify to live there. As to the Coop has a standard low income for shareholders. I did go to Housing Court for an ILLEGAL LOCK OUT. The judge did grant me re- entry and said my husband isn't allowed by law to keep me out. However the situation has become very critical. As to which I don't have a place to live. I was staying with a friend who unfortunately had to move to another state. MY QUESTIONS May I go to my apt and demand my sleeping quarters return to me. May I remove my Stepson's personal items (bedroom, clothing ect..) to another room in the apt to make room for myself.

Ask your attorney, but you may want to consider calling the sherrif or police.

Evangelina - Yours sounds like a very precarious situation. You must talk to the attorney handling your divorce and not ask for advice here. If you do not have an attorney, ask the court or Legal Aid to appoint one for you. If you have an attorney but cannot ask your attorney the questions you are asking here, you need to find a new attorney.

I'm sorry if this sounds harsh and uncaring, but you need immediate help and from the way you described your situation only an attorney is in a position to provide that help.

Good luck.

is this legal..
Hi, I have question about this issue..the board has finally responded to me with the following:
4. There is no issue of “habitability” since the smell of baked goods does not make an apartment unlivable.
5. There is no health issue, as the smell, as I understand it, is unpleasant, not unhealthy.

is this legal..I have written time and time again that the sweet smell makes me ill causing headaches..