2006 Jun

2006 Jun

2006 Jun Vol. 26, No. 6

Focus on...Law and Legislation

Rule Change

By C. Jaye Berger, Esq.

Spring is here, and with it comes a lot of renovation—especially of homes, weekend homes and co-ops. With all that work comes inevitable disputes between homeowners and their architects, interior designers and contractors. For many years, arbitration has been the main method chosen by interior designers and architects to resolve their disputes with clients. Read More

Mayor Presents $52.7 Billion Budget

By Debra A. Estock

Flush into his second term as the city’s chief executive, Mayor Michael R. Bloomberg proposes a $52.7 billion budget plan for 2007 and updated his four-year financial plan for New York City in an attempt to keep the city’s finances on solid ground. Read More

Make It Safe

By Tim O'Brien

Imagine this scenario... you are in charge of a residential property, as either a board member or a managing agent. One of your residents has just advised you that the lock on the front door of the building has been known to malfunction “from time to time.” Read More

From Farmland to High Rises

By Denton Tarver

Taking its name from one of the most photographed buildings in New York City, the Flatiron district is named for the iconic Flatiron building, which sits on the wedge-shaped intersection of Fifth Avenue and Broadway. In the last two decades or so, the neighborhood has turned itself inside out. Once a renowned center of commerce and fashion, the area is thriving again—but in a new way. Read More

The Laws of the Land

By Hannah Fons and Debra A. Estock

Each year, our representatives in the New York State Legislature propose, debate, and ultimately pass or reject scores of laws and pieces of legislation. Read More

Home Sweet Home?

By Lisa Iannucci

While most residential buildings in the city are either purely rental or purely co-op/condo, there are many co-op and condo buildings that are home to rental tenants. This usually is the result of the building converting from rental to co-op or condo, or of shareholders or unit owners renting their units for a period of time or as a source of income. Read More

A Place of One's Own

By Elizabeth Lent

When it comes to something as valuable as the place we call home, almost any dispute has the potential to turn into a legal crisis—and that goes double for New Yorkers. For tenants and landlords, these issues usually arise over problems with late rent, rule breaking, or destruction of property. Co-op and condo owners face many of the same issues as rental tenants and their landlords—but they aren’t the same. Read More

Playing the Percentages

By Anthony Stoeckert

It may sound like an oxymoron, but in the world of co-ops there is such a thing as “bad income.” The federal tax code requires that cooperative buildings receive at least 80 percent of their income from their shareholders—usually in the form of monthly maintenance charges and periodic special assessments. Failure to meet this requirement (commonly known as the 80/20 rule) results in a building’s shareholders being unable to declare certain tax benefits, such as declaring the interest on mortgages and an exemption on taxable income when selling a home. Read More

Changing the Guard

By Raanan Geberer

This is a transitional time for the New York City Council. This year, there is a new City Council Speaker in the person of Christine Quinn, a Democrat from District 3 on Manhattan’s Lower West Side who, since becoming speaker, has announced a series of reforms aimed at making the council more democratic. Read More

The Mighty Quinn

By Keith Loria

Considering that she’s still a few months away from turning 40, Christine Quinn, Speaker of the New York City Council, has achieved a great deal in politics and is thought of as the second most powerful figure in city government, after the mayor himself. Read More

Q&A: A Fair Sublet Fee?

By Michael Manzi

I’m curious! What is a fair sublet fee for a small Brooklyn co-op? Is it just a percentage of the maintenance, or decided upon by some other formula? Read More

Q&A: Brownstone Apartment Merger

By Michael Manzi

We’re in the process of purchasing two studios in a small brownstone co-op. Our plan is to combine them into one apartment. How will reducing the number of dwellings in the building affect the overall co-op in terms of taxes, mortgage eligibility, zoning, etc.? Also, who- or what agencies-must be alerted about this project? Read More

Q&A: Problem Board Members

By John Van Der Tuin

I’m currently the vice president for our co-op, a 334-unit community on Long Island. We’re having difficulties with two of our board members. One has been on the board for five years, and has been very destructive. For example, this board member accuses other board members of being corrupt, and our sponsor of manipulating the board, etc. Whenever the board member is confronted for proof, it can never be supplied. The board member also threatens everyone with lawsuits. This individual is also harassing our maintenance crew. The second board member follows in this person’s footsteps, and both their behavior is escalating. We are at a loss as to what to do. Our bylaws state that a two-thirds vote must come from the community in order to remove someone from the board, but this will be nearly impossible, as a large number of our shareholders do not take part in the voting process. Are there any other venues we could take? Read More

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