New York's Cooperative and Condominium Community

Habitat Magazine Insider Guide

HABITAT

NEW YORK CITY

Don't you hate it when you're stuck between a board that may be exceeding its authority and illegal Airbnb operators? Co-op and condo boards are savvy about illegal hotel operators, as often demonstrated in their bylaws. But boards aren't perfect, and sometimes they do go a little too far — even if they have the best of intentions. This seems to be the case at one New York City condo, where a board has instituted a new policy, a condo resident writes to Brickunderground.com. Those who live in the building must now submit a "permission to enter" form for every guest who stays over — without making the distinction between a significant other or relative crashing for the night and a short-term Airbnb subletter. The knee-jerk reaction is to remark that the board is being outrageous, nosy, and controlling. But when you consider that, as the same condo resident points out, these illegal short-term subletters are a persistent issue in the building, you kind of have to appreciate that the board is in a bit of a tight spot. On the one hand, the board has to protect the building and its residents. On the other hand, it does seem as if this board should consider relaxing the rules for regular visitors or family members. "A board requiring that written permission include addresses and phone numbers of [guests] might be viewed excessive for identifying entry authorization," says one of Brickunderground.com's experts Ken Lupano, executive director of Solstice Residential Group, a property management firm. "Perhaps that can be revisited." Just remember, employ the bees to honey approach and try to reason with the board. Lawsuits are time-consuming and expensive and will certainly generate a lot of bad blood.

How significant are slip-and-fall cases in the world of co-ops and condos? A quick and unscientific review of the cases filed in the last year shows that more than half seemed to be slip-and-fall cases. A cross-section of insurance brokers, managing agents, and attorneys reported that these were the five most common slip-and-fall areas you should guard against: (exterior) uneven sidewalks and slipper snow and ice and (interior) wet floors, dangerous floor coverings, and slipper pool areas. 

A READER ASKS: I serve on the board of a 13-story cooperative, and we are planning a series of major capital improvements in the next five years. The renovations include façade restoration work, roof repairs, a limited heating upgrade, replacing some of the windows, and minor changes to the lobby. Although the building is contemporary in style, it is located in a historic district, so we know we will need landmark permits. I read your Spotlight piece on the types of permits the LPC issues, but I am wondering the types of restrictions that we might expect the LPC to impose on the work we plan to do. Is approval required only for the exterior projects or for the interior work as well? Do we have to keep the building's appearance exactly the same or are visual changes allowed?

New York may have well dodged the almost bullet that was supposed to be Snowpocalypse 2015, but it still got enough snow and sleet to form slush puddles so formidable they may as well be lakes. Think we're exaggerating? Just ask any commuter who's had to wade through the icy muck for more than just a few blocks to avoid faceplanting on the slippery compacted ice. It feels like every year, the slush puddles get larger and larger — and if your waterproof boots are a lie, it really, really sucks. But does this have anything to do with co-ops and condos? As a matter of fact, it does! The severity of these infernal puddles can be prevented with the cooperation of citizens and businesses, says DNAinfo, including co-ops and condos. "The city's Department of Environmental Protection offers grants of $35,000 and up for green infrastructure updates to non-city-owned properties that reduce the impact on the city's sewer system. Co-op, condo and property owners can apply for the grants online for various projects. The DEP is promoting blue roofs — a sloped roof system that collects and stores precipitation — as well as rain gardens, which store excess water in perforated pipes under the plantings." Another thing co-ops and condos can do is what every New Yorker arguably excels at: complain. Call 311 and report those treacherous lagoons "so that the right city agency can get dispatched and the city can track patterns." And don't underestimate the power of joining forces with neighborhood businesses. If cooperation between co-ops and condos and businesses can lead to a rat-free neighborhood, it may be successful at pulling the plug on slush puddles.

Tax Alert! Co-op & Condo Tax Abatement Filings Due

Written by Eva C. Talel on February 05, 2015

New York City

An extremely important tax deadline is coming up in a little more than a week. We're talking about the deadline for New York City's co-op/condo abatement. This benefit can save eligible apartment owners a significant amount of real estate taxes. Typically, the abatement is 17.5 percent, but it may be as much as 28.1 percent in some buildings.

New York City's Landmarks Preservation Commission (LPC) requires owners of landmark properties and buildings located within an LPC-designated historic district to get the commission's approval before undertaking alterations or repairs. Changes to properties affected by LPC rules must preserve the architectural integrity of the building's original design, and they cannot unnecessarily clash with the look and feel of the surrounding neighborhood. The LPC provides clear guidelines on which type of work does or does not require a permit. Approval is not needed for ordinary repairs or maintenance work, such as repainting (if it matches the existing color), caulking around windows and doors, replacing broken window glass, or removing a small amount of graffiti. Most other work, however, will require approval from the LPC, including the following:

Navigating the world of New York real estate is no easy feat. Any co-op or condo owner can attest to that fact, even if they aren't in the 1 percent that seems to be the main focus of real estate news as luxury condos continue popping up all over the city. When you sell a co-op or condo, the road from signed contract to closed sale can be, as one Beatle once put it, a long and winding one. Brickunderground.com explains that the amount of time it can take depends on the "kind of apartment you’ve got, the demand for it, and you and your buyer’s ability and desire to finalize the deal quickly." It also breaks down the milestones co-op and condo owners can expect when getting ready to sell in the city in this neat infographic. Click it again to enlarge.

On the Money: The New UCC, the Devil Is in the Details

Written by Carol J. Ott on January 28, 2015

New York City

You can thank a farmer in Kansas for what is about to happen to the world of New York co-op lending. Whether you call him Terry Kinderknecht, Terrance J. Kinderknecht, Terry J. Kinderknecht, or Terrance Joseph Kinderknecht, he hit hard times and declared bankruptcy in 2002. A year before going under, though, Kinderknecht had financed two new tractors from John Deere, and the loan documents were filed under the name "Terry J. Kinderknecht."

And herein lies the problem.

It used to be that co-ops got the bum rap for requiring potential buyers and renters to fill out extensive applications, but it looks like condos are starting to follow suit. Just ask a condo owner in Williamsburg, Brooklyn, who writes to Ronda Kaysen in the latest "Ask Real Estate" column in The New York Times. "The board has instituted a process for renting out units that involves a lengthy application and significant fees. The board says the process is allowed under its right of first refusal, which allows the board to rent a unit under the same terms that the unit is offered." The condo owner wants to know whether the board can use its right of first refusal in this manner and whether it can be stopped. Kaysen explains that a "building’s bylaws determine whether a board can require an application and fees for renting out a unit." If it's in the bylaws, there's not much this condo unit can do to challenge. And if it's not in the bylaws? Well, it's a case of knowing when to pick your battles. The condo owner can ask the board to review its procedures but any legal action would probably cost more than the application fee.

There are three critical elements of any successful underlying mortgage refinancing: planning, pricing, and processing. If you're planning to refinance your underlying mortgage, read on to see how you can make the process go as smoothly as possible.

Ask the Experts

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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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