New York's Cooperative and Condominium Community

Habitat Magazine Insider Guide

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NEW YORK CITY

A READER ASKS: A shareholder in our co-op has moved out and now has a subtenant living in his unit. This subtenant went through all the proper co-op application channels, including signing an appropriate sublease. Now this subtenant wants to bring in an unrelated roommate. Can the board require the roommate to go through the same application process as the original subtenant, or is the original subtenant covered under the New York Real Property Law (RPL) Section 235f allowing her to bring in her own roommate? I know the law applies to tenants. Does it also apply to subtenants?

A Board Learns Why It Should Oversee Its Managing Agent

Written by Eric M. Goidel on November 17, 2014

New York City

The client’s tale: A managing agent for a New York co-op neglected to pay water and sewer bills for one of three water meters for several years. While performing an audit, the holder of the property’s mortgage discovered the problems and shortly thereafter received an in rem notice from the New York City Department of Finance. As a protective measure, the mortgage-holder advanced payment of the water bills with accrued interest and penalties. It then sent several letters to the managing agent requesting reimbursement. The agent ignored the letters.

You're on the board of a 74-unit co-op with 600 windows, which, the shareholders say, need to be replaced. What happens if, when you are finally ready to tackle the project, you discover it's going to cost an estimated half a million dollars? How do you proceed? Here we review the pros and cons of five standard options so the task doesn't feel as daunting.

What happens when you want to sublet your co-op to short-term renters for a month or two at a time? In the latest "Ask Real Estate" column in The New York Times, Ronda Kaysen sets a shareholder who wants to do just that straight. While the law may "allow you to turn your apartment into an extended-stay hotel," she explains, the co-op board might feel quite differently. Renting an apartment for fewer than 30 days violates state law, but few co-ops allow shareholders to sublet their apartments for short periods. You have to read the fine print on that proprietary lease carefully — it may include provisions against short-term leases. Even if it doesn't, you still have to get through the approval process. Since boards typically meet once a month, it may be weeks before a prospective tenant is approved and by then they will have probably found another place to crash without all the red tape.

It may be a few more weeks until winter arrives, but it looks like snow may be arriving, well, now. No time like the present, then, to review New York City's snow removal rules for buildings within its boroughs. Mark B. Levine, vice president of business development at Excel Bradshaw Management Group, explains that New York City’s Department of Sanitation requires snow to be removed no later than four hours after it's done snowing, or no later than 11 a.m., if it was done snowing after 9 p.m. the night before. In EBMG's latest video, Levine offers tips on how to deal with snow in case it can’t be removed because of packed ice or other conditions. Buildings are allowed to place down cat litter, ice melt or anything that provides traction. Don't shovel snow into streets ever, warns Levine — it's illegal. And remember: Safety first! So keep hydrants clear at all times. Not complying by these rules can subject buildings to fines ranging from $100 to $350, per infraction. Check out EBMG's video here.

Why Completion Dates on Renovation Projects Matter

Written by Dennis H. Greenstein on November 26, 2014

New York City

The client's tale: A co-op board contacted us for advice regarding a major alteration of an apartment that was well into the second year of construction with no apparent end in sight. The neighboring shareholders were complaining of the noise, disruption of services, and odors arising from the unit and insisted the work be stopped.

We asked for a copy of the alteration agreement and found it to cover everything, but noticed that the completion date for the construction was left blank.

No matter how quickly a lobby renovation is completed or how cost-effective the project was, someone is bound to be unhappy with the way it looks, the cost and how long it took to finish.

What may seem down-at-the-heels to one shareholder may seem like the Ritz to someone else. Ask realtors if sales are suffering because the lobby is turning people off. Get consensus from everyone that it actually needs to be renovated.

A Co-op Fights a Predatory Board Member. And You Can, Too.

Written by Joel E. Miller on November 05, 2014

New York City

The client's tale: There was a co-op that was for many years controlled and looted by an unscrupulous predator. He was able to do that because the resident shareholders were from other countries and had little awareness of our laws and customs. Also, they believed that the law would protect them. They never received financial statements, but were not aware that they were supposed to. The co-op did not file income-tax returns, but the people did not know that either.

Accordingly, the people saw no reason to be concerned. Also, the predator was keeping the maintenance low (by causing the co-op not to pay bills), and he had persuaded the people that he was protecting them from, as portrayed by the predator, the evil sponsor.

On the Money: Co-op Loans and the Proprietary Lease Problem

Written by Jonathan Leaf on November 04, 2014

New York City

Jerry Niemeier, Vice President of Risk Management for co-op lending at Nationstar Mortgage, runs a group that reviews the background and finances of co-ops.

While he never meets the people seeking out his employer's loans, he plays a role in deciding whether eminently creditworthy customers seeking to live in well-established, solidly financed co-ops can receive a loan. The answer he may be compelled to give is no.

A Cautionary Tale About a Co-op Board's Avarice

Written by Michael T. Manzi on November 24, 2014

New York City

The client’s tale: Some people see problems, others see opportunities. A tenant-shareholder in a small co-op wished to sublet his commercial unit for a considerable rent. The co-op had no subletting fees. But considering how profitable the subletting was going to be for the shareholder and how anxious the shareholder was to get the sublease approved, certain board members saw the request for consent as a financial opportunity. Instead of simply denying the request for subletting, which it had the right to do, the board said it would agree to a sublease if a number of demands were met, including a $100,000 payment.

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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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