New York's Cooperative and Condominium Community

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NEW YORK CITY

In 2010, the board of the St. Tropez condominium at 340 East 64th Street in Manhattan held its annual meeting in an unfinished space. It may have saved on renting a hall, but it wasn't the best choice the board made that year. The condo was later sued by a resident who had tripped over an unseen hole in the paper-covered bumpy floor. "A lot of annual meetings are held in gyms," says attorney Adam Leitman Bailey, principal of his eponymous law firm. "Well, that gym is not there for an annual meeting."

Oops. Oh! OWW!

It is easy for a board to find itself embroiled in a slip-and-fall lawsuit, "among the most common" type of suit cooperatives and condominiums face, according to Bailey. And though you may have taken every precaution and been as prudent as a schoolmarm, you could still face a payout simply because it's cheaper than fighting a claim in court.

In my many years as an attorney, I have seen a number of frustrated boards that come back to the same problem year after year. Indeed, some construction jobs and building alterations seem to be done over and over again — costing the hapless residents time and money.

Is this just bad luck or something more that should be viewed as a warning sign of potential trouble?

Here are four examples of warning signs from my experience. 

After disaster strikes comes the difficult part: cleanup and restoration, not to mention the insurance claims. Restoration service companies are typically brought in by managing agents to handle the mopping up and repairs. These companies are paid by insurance. Either a claim is made on a building's policy or through the policy held by a unit-owner or shareholder. The amount of charges are determined by rates set by the insurance industry that cover everything from the number of air dryers used to the square footage of drywall that has to be ripped out, says Kathleen Hogarty, who works in commercial and residential sales for Servpro Scarsdale/Mount Vernon, a remediation service company.

After a fire, a flood, or other disaster in your building is contained, you can breathe a sigh of relief because the worst is over, right?

Wrong, according to the people who handle the cleanup afterward. That's when the hard part begins. For starters, boards and managing agents need to search for a restoration service company to handle the mopping up and repairs, and they need to navigate the quagmire of insurance claims. And when it comes to those insurance claims, there's a huge difference between insurance claims on a condo and a co-op. Jeffrey Gross, executive vice president of operations at Maxons Restorations, explains.

Ever wish you could live in the Waldorf Astoria? Well, your wish may come true, but you better prepare to have more than just a whole lot of money. The Real Deal (TRD) has learned that Anbang Insurance Group, which just paid almost $2 billion for the Waldorf, plans to convert the iconic hotel's two towers into condos. TRD obtained a transcript of a recent talk Anbang's chairman Wu Xiaohui gave at Harvard University. "We plan to renovate the two towers into luxury residential apartments with world-class amenities and finishes to reflect its culture and social status. A potential buyer needs to have more than money to qualify for our apartments," he said. How intriguing. What could it be? Celebrity? Clout? Lots of property? The Waldorf Towers operates as a 181-room boutique hotel within the Waldorf, and currently occupies the top floors of the 47-story building. It has a separate entrance on 50th Street, amenities include a fitness center, and it's just a hop, skip, and a taxi from Midtown's ultra-luxury billionaires' row. 

Photo by Christopher Bride for Property Shark

New condos are popping up all over the city. It's understandable when you consider all the perks of owning a condo. Condos tend to command higher prices on the market, but there is also the question of freedom. When you own a condo, it's yours. There's no board telling you what to do regarding sublets and no underlying mortgage. Seems pretty neat. So why don't co-ops look into converting? Well, for starters, it's not so simple. And it might not be worth the headache. 

While New York may have managed to dodge the big Snowmageddon bullet a few weeks ago, the city — particularly the boroughs other than Manhattan (and beyond) — has been hit with snow and high winds. And while seasoned New Yorkers might shrug it all off as a bit of snow, one problem that severe winter weather brings is the possibility of power outages.

Proactive co-op and condo boards can use this as an opportunity to distribute to their shareholders and unit-owners information on what steps to take if the power goes out. 

Don't mess with a New Yorker's view, especially when it's a view of the Brooklyn Bridge. That's just one of the reason local officials, civic groups, preservationists, and some community residents are seriously ticked off about plans for a 494-foot-tall condominium tower over the water at the foot of Beekman Street. The condo tower is part of a planned $1.5 billion redevelopment years in the making that aims to "rehabilitate crumbling piers, preserve landmark buildings and bring new vitality to the 400-year-old historic [seaport] district on the East River," according to The New York Times. But it looks like thanks to the tower, the project is going nowhere fast — this despite a $300 million amenity package, which also includes "rescuing the city’s financially ailing maritime museum, building a school and affordable housing, renovating the Tin Building and extending an esplanade." The tower, aside from obscuring view of the Brooklyn Bridge, would also stick out like a sore thumb in the "low-scaled, early-19th-century brick buildings that make up the 11-block seaport district, once the center of the city’s maritime industry." It may seem to some like it's much ado about nothing, but they do make a good point that applies to a lot of new construction all over the city. When we can't save old buildings, such as Harlem's historic Renaissance Ballroom on 138th Street and 7th Avenue, it would be nice to at least erect new buildings in their place that reflect a sense of the neighborhood's own history. Likewise, it would be nice to see a new building constructed in the historic seaport district that is aesthetically sensitive to its surroundings. 

April 1 is a date that boards in large, master-metered buildings should remember. That's the last day to maximize the benefits when they apply to a number of demand response (DR) programs that pay participants to not use energy on days when the heat or air conditioning spike. That's when Con Ed and/or the New York independent system operator requests "peak load" reductions from large properties that are part of demand response programs.

How do you get involved in such a program? 

JDS Development Group, which plans to build a condo near the High Line at West 24th Street between 10th and 11th avenues, is in hot water. DNAinfo cites New York City Department of Building (DOB) records that state the developer has received 14 violations and been fined more than $18,000 for unsafe construction building 210 West 18th Street. City Councilman Corey Johnson reportedly tried to visit one of JDS's construction sites following reports of two accidents, but said was denied access. So Johnson wrote a letter stating his concerns to Michael Stern at JDS. "I would ask that JDS adopt strong safety protocols on the site and only hire contractors and subcontractors with strong safety records," Johnson wrote in a letter dated Feb. 9 obtained by DNAinfo. "I also believe that employers should provide adequate training to employees and compensate them with a fair wage as well as benefits necessary to support a family in this city." Johnson's not the only one calling out Stern and JDS, either. In January, Crain's reported that JDS built a series of Manhattan luxury towers without union labor. And Gary LaBarbera, president of the NYC Building and Construction Trades Council, reportedly said, "We don't believe JDS is working as a responsible developer."

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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

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