NEW YORK CITY

Very often, a board will decide to try to work out a payment plan with a resident who is in arrears. That avoids costly legal action, which will increase the amount that the resident must eventually pay, and maintains an amicable relationship between the board and the resident.

We always try to take this path, unless the circumstances are such that the resident has no plan or options available to pay the amount owed. In those cases, unfortunately, legal action needs to be started to limit the impact on the building. The arrears need to be monitored every month and discussed with the board so that the amount does not get overlooked and become a bigger problem. Most buildings operate on a break-even budget, and that assumes everyone is paying his or her fair share each month. When that doesn’t happen, operating bills cannot get paid in a timely manner.

Donald E. Wilson is president of Blue Woods Management Group.

Do you think it’s a problem if the same person has been the board president for 20 years?

Some buildings prefer reelecting certain board members year after year to preserve the continuity of a co-op/condo’s history and style of oversight.

Shareholders elect a board but the board members then elect their officers. If a board president and treasurer have been in their respective roles for many years, it is often because those people may have the most time and/or experience to handle those roles.

For new shareholders who may find this scenario strange, we recommend they nominate themselves as candidates on the annual meeting proxy/ballot form and/or get involved on subcommittees. Many buildings welcome new shareholders to participate on special projects, provided the involvement is genuine, consistent, and beneficial to the building.

Georgia Lombardo-Barton is president of Barton Management.

We want to buy an apartment in an HDFC co-op, but there is no financing permitted. Why?

HDFCs are unique and quirky properties, and each can have its own set of rules and restrictions. In years past, banks didn't know what to make of HDFCs; now, unfortunately, most lump them all together.

Why the reluctance? First, many HDFCs (that stands for Housing Development Finance Corporation) are not 100 percent sold. Often, a percentage of rent-stabilized apartments are owned by the corporation. Banks don't like this. Also, many (not all) HDFCs are saddled with arrears issues — financial, tax, etc. Where a regular co-op would be acceptable to a lender, a hybrid like the HDFC is overcomplicated.

The HDFC itself may prohibit financing. Prospective purchasers should carefully read the corporate bylaws. Frequently, HDFC shares are not permitted to be used as collateral. In some HDFC proprietary leases, lines of credit or home equity loans are prohibited unless the funds are for improvement of the unit itself; financing a car, second home, or college education are out.

If no bank is willing to grant a loan, the best bet for home buyers is to purchase an HDFC unit with cash. Some HDFCs may be open to self-financing; buyers, in essence, obtain a mortgage from the co-op. More HDFC corporations may want to explore this; it offers significant advantages to both sides.

Buying in an HDFC can be frustrating, to put it mildly, but with patience and persistence, an HDFC remains a great, affordable real estate option in New York City.

Josh Koppel is president of HSC Management.

I live in Europe for half the year. I'm trying to buy an apartment in Queens, but the board is asking for four years of monthly maintenance charges to be escrowed. Why?

Purchasing a cooperative is subject to a board approval process that some prospective purchasers may find burdensome, but which protects all shareholders. Absentee shareholders who may hold foreign bank accounts pose additional obstacles preventing boards from finding easy remedies for outstanding obligations.

Boards will restrict the amount of financing permitted and/or require a maintenance escrow account to be established as an alternate means of receiving payment should someone fall in arrears. This permits the cooperative convenient access to the shareholder's funds to cover arrears, mitigating a potentially lengthy collections process while allowing the cooperative to meet its financial obligations.

Escrow requirements vary based on individual buildings. Boards may be less restrictive, not implementing an escrow requirement, offering less financial protection to the cooperative, and making it more difficult to collect arrears. Or they may require four years of maintenance, which will help indicate the purchaser's desire to reside in the cooperative, confirm his or her financial stability, and lessen the potential for violations of the proprietary lease or house rules. It is advisable for the purchaser's attorney to review the escrow agreement to see the details of where the account will be established, the terms governing the escrowed money, and when it can be disbursed to cover obligations of a shareholder.

Boards establishing escrow requirements must consider the financial implications of the selling price of the apartment compared to the value of four years of maintenance. The latter helps ensure marketability of the apartment while protecting the cooperative.

Robert Ferrara is president of The Ferrara Management Group.

The minutes of the building I'm looking at are incredibly detailed with quoted exchanges from the meetings and a lot of personality. What should I take away from that?

Minutes should record the actions of the board in a very succinct and businesslike manner. They should not go on for pages and they should not get into all of the scuttlebutt of the building. The minutes should be short, to the point, and leave out all the other "colorful" actions that may go on during the decision-making process by the board.

If you are reading minutes where there are quotations and other peripheral items included that says to me that there's a lot going on in that building and the board isn't together on its decision-making processes. Less is more when it comes to taking minutes and the business of the building should be properly recorded in them.

It is important to remember that the minutes become public record when they are read by outside counsel on behalf of prospective buyers. Therefore, it is important for the minutes to reflect business and business decisions only. Boards should also be aware that there is potential liability in "colorful" minutes.

Timothy Grogan is president of Grogan & Associates.

My mother wants to visit us in our new apartment but she's in a wheelchair and there are some steps up to the front door. How hard would it be for the building to install a ramp, even a temporary one?

This is a big, big deal. Whether it is a permanent ramp or a temporary one, they must comply with certain specifications.

Any purchase of a temporary or "de-mountable" ramp must comply with the American National Standards Institute code 117.1-2009 for requirements on dimensions, slope, and clearances. A structural engineer must approve the ramp's structural adequacy or come with fabricator shop drawings bearing a New York State-licensed engineer seal. It must be noncombustible (recommended for compliance with fire codes for the means of egress and the [handicapped] accessible route). Whether it is temporary or permanent, it must adhere to maximum encroachment onto existing public way per the rules. Filing of the documents and acceptance by the Department of Buildings is recommended to memorialize the installation and use of public way. The insurance company should be notified to include the ramp in the protection offered by the building's liability policy.

The hiring of the professionals and the purchase of the ramp will cost thousands of dollars depending on the configuration of the building. There are buildings that, because of their physical structure, cannot accommodate a ramp. If it is possible to add a ramp to the building and the building agrees to go forward with either a permanent or temporary one, the process is lengthy and you should not plan on your mother visiting for some time.

Gerard J. Picaso is president of the Gerard J. Picaso Division at Halstead Management.

Our lawyer is reviewing the board minutes of the co-op we want to purchase. What's important?

The state's Business Corporation Law requires co-op corporations to maintain minutes of all board meetings. Reviewing the minutes could also reveal issues involving the heating system, plumbing, roof, or façade of the building. A review may reveal if the board is using assessments to offset proper budgeting. The minutes may state that the board is contemplating a major project that may result in an assessment or substantial increase in maintenance charges.

Questions may arise: Why are so many assessments needed? Is the board overspending? What work has been completed and what work is still outstanding?

By reading the minutes of the board meetings, you may find information leading to any physical or financial issue in the building.

Another topic to be concerned about in the minutes is arrears. Why does this building have a large number of people in arrears on the monthly maintenance? What is the board doing to address that issue? Is the attorney involved? How proactive is the board in its actions to obtain payments? The building collects the monthly maintenance and operates from those collections. If a large number of shareholders fail to pay on time, the building may be unable to pay its bills, which can lead to many other issues.

Brian Scally is executive director of management at Garthchester Realty.

I work in sales and my broker is suggesting that I offer to put a year's worth of maintenance in escrow to get board approval. Why?

A co-op's board of directors has a fiduciary responsibility to ensure that a potential buyer is solvent and able to pay maintenance, any assessments, and all just debts. The board will review a potential buyer's financials, such as income tax returns, bank and investment account statements, a statement of assets and liabilities, and an employer compensation verification letter.

When a potential buyer's salary is commission-based, the board can be concerned that the buyer may not be able to pay maintenance and any assessments because the buyer doesn't receive a regular paycheck. To alleviate this concern, brokers may recommend that the buyer offer to put a year's worth of maintenance in escrow. The escrow can be drawn down if the shareholder defaults on paying his/her maintenance and any assessments.

An escrow agreement is drawn up if the board approves the purchase on the condition of the buyer submitting escrow. I would recommend that potential buyers with commission-based salaries offer to put maintenance in escrow.

Cynthia Graffeo is director of client relations at Argo Management.

The financials show a pretty large reserve fund. Is the co-op collecting too much money?

A perfect example of how an adequate reserve account can benefit the building is what occurred after Superstorm Sandy in October 2012. All of the storm-damaged properties we manage in these areas had adequate or more than adequate reserve funds. We recommend that each property have between four to six months' worth of the monthly income in reserves. Because they had this, the board and management did not have to wait for insurance money to be received before restoration could begin.

For example, most boiler rooms were flooded, but we had the funds to rent large generators, which allowed us to start replacement of pumps and various electrical parts of the heating systems. Many contractors asked if they had to wait for insurance money to arrive before they were paid and we were happy to tell them that we had the funds and they did not have to wait. This made it much easier to get companies to restore services.

While insurance may cover damages when emergency situations occur, it is very important to have funds available. We review a property's financials every month and will make recommendations to help guide the board in its decision-making.

John D. Wolf is president of Alexander Wolf & Company.

The building I'm interested in hasn't had a maintenance increase in ten years, but they have special assessments twice a year. What's up with that?

In a highly competitive real estate market, many boards are driven to contain maintenance charges. A stable maintenance history is attractive to potential buyers and often a key differentiator. A pattern of no maintenance increases raises a red flag of potentially poor fiscal planning where special assessments are disguised as a primary income source to cover operating shortfalls. In recent years, operating shortfalls were not uncommon because of energy market volatility, a spike in real estate taxes and water charges, and increased labor costs — components that can encompass up to 85 percent of a building's operational expenses. With proper planning and guidance from its managing agent, however, a board should balance operating expenditures with maintenance revenue.

Perform your due diligence before signing a contract to determine the underlying reasons for this pattern of assessments. Are special assessments used to cover operations or capital expenditures? What capital improvements have been completed in the past decade, and which are planned for or needed in the next five to ten years? How much money is in reserve and how does that compare to the amount of anticipated work? When does the co-op's underlying mortgage mature and is there an opportunity to refinance in the current low-interest environment?

Your research should help you determine whether the co-op or condo has a sound financial planning process in place. If not, you'll need to understand those dynamics and be willing to live with it or reconsider your investment.

Dan Wurtzel is president of FirstService Residential.