2006 Jan
2006 Jan Vol. 26, No. 1
Focus on...Management/Board Relations
From the Drawing Board to the Bedroom
From the Drawing Board to the Bedroom
Read More
From the Court to the Board
Several interesting court decisions regarding co-ops
and condos were made during the latter part of 2005. The decisions received
some commentary, but perhaps not the attention that they deserve. In a
condo case, the Appellate Court that oversees the trial courts in Manhattan
and the Bronx made a decision that clarifies when a condo unit owner may be
subject to liability in connection with the condo’s common elements.
And New York’s highest court issued a decision changing how one
determines whether a co-op shareholder is a holder of unsold shares (i.e.,
a shareholder who typically has special privileges, such as being able to
transfer and sublease without board approval). Some other notable decisions
provide valuable lessons.
Read More
Doing it By the Book
Unlike co-ops, which are governed by the business
corporation law and the common law with respect to cooperative housing
corporations, condominiums are really a creature of statute. The statute
that gives authority to create condominiums is article 9-B of the Real
Property Law, which is commonly known as the Condominium Act.
Read More
Red-Tape Free
Some years ago, an acquaintance of ours worked as a
“permit clerk” for a plumber while on summer vacation in
college. The plumber would give him paperwork for a work project, he would
go to the city offices, and, in theory, he would get the necessary permit.
However, more and more often, the people behind the window would find fault
in the proposal and send our friend back without the permit. Then, the head
of the plumbing company would get angry, get on the phone and send him back
a second time. After a few weeks, the young man left the job and took one
in a store instead.
Read More
Noise, Graffiti and a Greener Environment
In its last meeting of 2005, the New York City Council
enacted legislation to make the city a quieter, cleaner and more
environmentally-friendly place to live. Perhaps one of the major
initiatives sought by the mayor’s office was revising the
city’s 30-year old noise code. Honking horns, noisy refuse trucks,
construction clamor, boom boxes and car alarms are just some of the
undeniable facts of life in living in the city that never sleeps. However,
residents may sleep a little quieter when that outdoor noise, music and
even barking dogs are muzzled by new restrictions that carry fines ranging
from $50 to $8,000 depending on the nature of the offense.
Read More
Eyes Wide Open
Few experiences can rattle the collective confidence of
a co-op or condo community as much as charges of fraud. Trusts are broken
and faiths betrayed, all in the name of personal gain. Boards and residents
can protect themselves, though, and go a long way toward ensuring that the
trauma of fraud does not happen to them.
Read More
While You Were Out
Mel Garskof is thrilled about the lobby makeover that
will happen in the coming year at the Kips Bay area cooperative building
where he lives. The public halls will be renovated, including new wallpaper
and carpet, doors will be repainted, new molding will be applied and the
spacious lobby will be reconfigured to include mailboxes and additional
security measures.
Read More
Strategies of Success
Property managers have a lot on their minds. There are
board meetings to attend, legal issues to wade through, phone calls to
return, emails to answer and a constant parade of maintenance issues to
contend with at any given time. The job is tough -- especially if the
person with the job is interested in going above and beyond the call of
duty. What are the qualities of a good property manager? And what makes a
good manager great?
Read More
