New York's Cooperative and Condominium Community

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A New York State Supreme Court judge reinstated a previous order banning Africa Israel, developer of 15 Broad Street (pictured), from co-op and condo sales in the state. According to TheRealDeal.comJudge Debra James rejected a bid by Africa Israel to lift the ban. She also left the remainder of the restraining order intact, ordering him to release control of the board to unit-owners.

As regular readers of Board Talk can well attest, that forum is fraught with unhappy co-op / condo residents and board members alike charging dishonest tactics at the annual meeting where shareholders and unit-owners vote to elect a board. How are you going to assure everyone that the election isn't rigged? Although attorneys and managing agents swear fraud is rare, homeowners need assurance that everything is on the up and up. Here are ways to help make that happen.

In a condo on Manhattan's Upper West Side, a resident's practice of renting his apartment to a string of transient visitors has the condo board concerned and even fearful. Given the state of the global economy, the demand for short-term accommodations in New York City isn't likely to slacken, with Europeans in particular flocking here to take advantage of the weak dollar and the bargains it affords on everything from clothes to computers. So what can a condo association — as opposed to a more strictly regulated co-op corporation — do to keep its the building from becoming a de facto hotel?

When a sponsor is in arrears to both a lender and a condominium, can the condominium get some of the money it is owed before the lender does? Usually, you can't — but the condo board at 455 Central Park West made some novel arguments that are worth knowing about.

Mark Andermanis, board president of the subsidized East Midtown Plaza co-op in Manhattan, and his wife Sandra have three kids. Normally that means New York City can't give them a four-bedroom co-op since those are reserved for families of six. But the Andermanis family got one anyway. Not only that but they jumped ahead of another family on the waiting list for a larger apartment. And yet a court decided unanimously that the line-jumper could keep it. What's wrong with this picture?

Recent news affecting co-op / condo buyers, sellers, boards and residents. This week: Seriously? Mark Andermanis, board president of the subsidized Mitchell-Lama co-op East Midtown Plaza, jumps ahead of others to score a four-bedroom apartment — reserved for families of six, which, additionally, he does not have —  and when he won't budge, an alert shareholder sues him. But he gets to keep the primo place because the shareholder doesn't have standing to sue ... and while the co-op board, perhaps, could, here's the thing: He's the co-op board president! Does this sound proper or right to anyone ethical? The good guys do win one, though, when a developer who refused to fix a Long Island condominium complex is permanently barred from selling condos. That's something, at least.

And then there's another reason for condo and co/op boards to be wary of Airbnb....

In the immediacy of the moment during an apartment-house fire, people can panic. Timely information helps prevent panic. And so in the wake of high-profile high-rise fires, the question of how to get crucial fire information to building residents — whether through Internet- or phone-based systems or through what the industry calls "one-way communication" such as public-address systems in hallways or individual apartments — has become the New York City Council's next burning issue.

And unless that issue's addressed quickly, the desire to mandate life-saving communication paradoxically may cost lives.

 

Disaster never strikes at a convenient time, but the timing of this one was particularly bad.

Butterfield House, a 100-unit co-op in Greenwich Village, had just begun an $8 million capital improvement campaign that will eventually replace all windows and heating and air-conditioning units, redo the hallways, install a backup generator on the roof and increase the electric capacity available to each apartment. But when a City water main broke on Jan. 15, these upgrades and several major apartment renovations were halted. Fortunately, the inconveniences were eased because the building made it a point to keep residents in the loop about the situation — and to follow the playbook it had created for just such an occasion.

Recent news affecting co-op / condo buyers, sellers, boards and residents. This might be a first: A rich developer is suing shareholders at the City-subsidized, middle-income co-op Madison Park Apartments just for complaining about what they called shoddy construction and repairs, including leaks dating to 2002. Since one of the defendants is a 68-year-old retiree on Social Security, we're guessing developer Donald Capoccia of BFC partners isn't figuring on them mounting an expensive defense. Gag me with a lawsuit.

Plus, a Central Park West condominium extends balloting time for an anti-smoking vote. Should it have? City Council members rail at the Fed for delayed Sandy relief funds. And we've reverse-mortgage realities, Airbnb telling people not to hotel illegally, and how to compile a great co-op board package.

As a rule, co-op and condo boards achieve fiscal security through conservative strategies and long-range planning. But occasionally a dash of creativity can help.

That has been the experience of the co-op at 90 Riverside Drive, which enjoys an enviable financial profile with low maintenance and solid capital reserves. The shareholders have never been hit with an assessment. But as the co-op board got ready to refinance the mortgage, a round of mandatory Local Law 11 repairs came due in the summer of 2012, a year before the board's latest 10-year mortgage expired. Once the LL11 work began, unanticipated repairs and expenses arose. By the following summer, with the mortgage about to expire, some sort of interim backup financing became crucial for the co-op to cover the unanticipated bills.

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