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Q&A: Filling a Board Vacancy
Subsequent to the election of directors at our co-op’s first board meeting, an electee resigned due to personal reasons. The management agency advised against appointing a replacement to the board for approximately four months, the reason given being that an unpopular ex-board member who received minimal votes in the election would be entitled to the spot. Is this reasoning correct? Read More
Q&A: Holiday Help
Can a co-op board restrict outside contractors on a religious holiday? If so, is it legal for this to be done for only one religion? Read More
Q&A: Trust Issues
For many seniors living in co-ops and condos, the viability of placing their owned units into revocable or irrevocable trusts has become an area of interest. Read More
Q&A: Unwarranted Attorney Fees?
I am living in a condo whereby I am enduring loud noise by two rude neighbors. I had to hire my own private lawyer. The condo board has their own lawyer and their lawyer responded to my lawyer. I recently received a bill from the condo charging me for the services of their lawyer. Would you please advise if I need to pay this bill and where I can file my own complaint? Read More
Q&A: Starting a Reserve Fund
How do we start a reserve fund? Where does the money come from? What can we or can’t we use the money for? Must we get approval from shareholders/owners in order to spend the reserve fund? Read More
Q&A: Term Limits
How many years can a person serve on a board? Is there a way to limit the number of years someone may serve? Read More
Q&A: New Management, No Minutes
In years past, unit owners were given copies of the minutes of the annual meeting. A new management company was engaged and this practice stopped. Now, when I have requested the minutes of the annual meeting, I have been told that these minutes are not given out to unit owners anymore. Additionally, I was told that I could go to the management office and “view” them. I believe that, I, a unit owner, am entitled to a copy of the minutes of the annual meeting. Every owner, I believe, should have copies of these minutes, as before. Is there a law governing this? Read More
Q&A: Shady Election
I live in a condominium and we just had our annual election. Each year, new people run for the board, but the existing board members solicit proxies in order to remain on the board. As a result, five “old-timers” seem to make all the decisions on our nine-member board. Read More
Q&A: Missing Maintenance
We are having a few issues with our co-op board and the management company. Since the new management company has been ‘in power’ (about three years) the maintenance payments have been raised more than 20 percent in two increases. The past year we had another large six-month assessment for ‘lobby repairs.’ There have been no repairs and no improvements to the building as well as many visible problems that would be simple to repair. We have asked the management company to share the minutes of the meetings and they refuse. Read More
Q&A: Problem Selling Unit
I am a shareholder at a 49-unit co-op in Manhattan. For the past five years we’ve had a vacant unit on the third floor as a result of excessive noise emanating from the apartment above. The past and present boards have not initiated any type of action in regards to the loss of income that the unit represents for the corporation. What can the board do in this regard? And what is the corporate responsibility to shareholders? What actions can the shareholder take to end this? Read More
Q&A: Limit on Fee Raise?
I have a question about raising the maintenance fees on a condo. Is there any set limit or percentage? Case in point—our maintenance fee has been the same for 17 years. Now the board of managers has raised it 40 percent. I was paying $307.11 and will now pay $419.43. Is such a jump allowed? Plus, I was not aware of a meeting held where this was discussed. Is the board allowed to implement this change without owners’ approval? Read More
Q&A: Nit-Picking?
Our condo has prohibited the use of doormats. They say they are a hazard. Is this legal? How can we fight this nit-picking rule? Read More
Q&A: Past President, Present Blame
I’m a past president and current shareholder of a co-op. The current board is saying—that two years ago when I was president—I am responsible for decisions that the majority board decided back then. My apartment is for sale and the board is demanding payment of some of the expenses the board incurred two years ago before they will approve an interested buyer. All invoices and contracts I signed were done after either a majority board or shareholder vote. And all bills were paid via assessments or out of our holding account. What are my options? Read More
Q&A: Elevator Out of Service
I live on the fourth floor of a condominium project, and management has advised that they will shut down the elevators for two months. They claim they will arrange to have staff assist people with carrying up groceries, etc. However, I have a bad back and cannot walk up or down stairs—especially four floors. Read More
Q&A: Shareholder Preventing Sale
We have a shareholder who has posted notices around our co-op that condemn the co-op and the board. They are in plain view of potential buyers. When the buyers read these notices, they refuse to even look at the available unit that we have. The real estate agent is embarrassed and takes the potential buyer to other co-ops with available units. What can we, the co-op board, do in this case with the offender? Can he be evicted for interfering with the operations of the co-op? Read More
Q&A: Sporadic Noise Problem
From downstairs at times I can hear the kids who live in the apartment above me jumping around. The owner has a rug down sometimes, but not at others. The board president has hardwood floors, even though it says in the bylaws that they’re supposed to have 80 percent carpeting. Is there something you can do about sporadic noise? Impact noise? Any remedy? I talked to an acoustical engineer and when the floors are put down there is supposed to be some sort of soundproofing and it’s possible when this building was constructed it wasn’t there. Read More
Q&A: Conflict of Interest Issue
I’m a board member of co-op building. We have one member of the board who is a real estate broker. He brought one issue to our attention. Our co-op is an owner of a very small piece of land that is adjacent to another building near ours. The owner of this building, through our board member who is a real estate broker, wants to rent this piece of land from our co-op. He will pay commission to this broker and monthly rent to the co-op. Some members of the board think that we have a conflict of interest between client, customer and a broker and some think that it’s unethical for a member of the board to make such business. We have to make a decision and we’re not sure what would be the right thing to do. Any advice? Read More
Q&A: Disclosing Shareholder Information
Are shareholders in co-ops entitled to know the names, addresses, phone numbers or other contact information for their fellow shareholders? Read More
Q&A: Employee Payroll Taxes
I am a new member to the board of directors for my condo association. We are currently working on the upcoming year’s budget. Could you please provide me some insight into the following question: is it customary the condo association pay their employees payroll taxes? We currently employ four individuals, the total taxes amounts to approximately $17,500. I work, so therefore I pay my own taxes. Two of these employees make in excess of $35,000. Read More
Q&A: Voting Exemption
The board of managers of our upstate condo issued a ruling that any unit owner who is behind in payment of common charges cannot vote at the annual meeting. Our bylaws only say that each unit owner is entitled to one vote. No mention is made about denying the right to vote. Doesn’t this ruling require a change in the bylaws? This would require a two-thirds vote from the unit owners. The board also now charges delinquent accounts 9 percent per month, or 108 percent on an annual basis. Is this legal? Read More
Q&A: Going Co-op
I live in a building in New York City that is currently operated as a rental. It’s in terrible shape. Many of my fellow tenants and I have considered the co-op route. How does one go about this? Read More
Q&A: Cooperative Plumbing?
As a board member of an Upper West Side Building, we have grappled with the notion of washing machines in apartments. Those that have them may keep them and update them. Those that do not already have washing machines cannot install them. This decision is based solely on the idea that our pipes cannot handle the waste (soap suds) that these machines create. Can you tell me if washing machines generate as much suds as dishwashers? Is there much of a difference in how either one affects the existing drains of a co-op? Read More
Q&A: Too Many Documents?
I live in a condo with indoor parking facilities. The board recently sent a notice informing residents with current parking that the identity of each vehicle would be kept in order to ensure that owners do now allow unauthorized use of their assigned space. There has been one or two such occurrences in the past 17 years I have lived in the building. Currently, each space is clearly numbered and the management office has the resident’s name, vehicle make and model, license plate number and space number. Evidently, the board determined it necessary to demand that each resident parking in the garage provide a copy of their vehicle registration document as well. Read More
Q&A: Move-in Fees
Our board is thinking of instituting move-in fees. What is a fair move-in fee? How could we implement this policy without a shareholder vote? What could we do with the money we collect? Could it go into the reserve fund or would it have to be returned if they moved out, similar to a deposit? Read More
Q&A: Radiator Leak
I am a shareholder at a co-op. A radiator (which is located in my wall) was leaking water to the apartment below. I was not aware of it. The super came and fixed a valve and replaced the radiator (which had a hole in it) with a new one. The co-op wants me to pay for the new radiator and the repair of the valve. Read More
Q&A: Missing Meetings
What happens if board members consistently miss meetings, or don’t attend, messing up the voting process for a board? What recourse do we have? Read More
Q&A: Super Required?
I’m a shareholder in a co-op in Park Slope. The board has summarily decided that we no longer require a full-time, live-in superintendent. When I served on the board several years ago, I understood that a building had to have a particular number of units to require a super. I don’t recall the legal number, but, for example, a six-unit building didn’t require a super. Is it legal for us not to have a super? If that’s true, who would take care of our building’s business? Read More
Q&A: Policing the Board
Who checks up on the board? Does the board police themselves from within, or is the managing agent checking up on their actions? If the board makes a mistake, will the shareholders be notified? In what way is a board accountable to the shareholders? Read More
Q&A: Evicting Renters
I live in a 140-unit co-op building. The building was built in 1961 and was converted in 1985 under a non-eviction plan. The former sponsor still owns about 20 percent of all the units. These units are either rent-controlled or rent-stabilized. The sponsor has approached me to buy either one of the rent-controlled or rent-stabilized units. He claims that by law now, he has to get rid of the apartments and that if I buy the apartment, then I can ask the present tenant(s)to leave the apartment. He said that I, as the new owner, can do this, but the law does not allow him to do it. Is he right? Can he sell these units to new owners that will force the tenants out without offering them any compensation? Read More
Q&A: In the Dark
My family lives in a beautiful three-bedroom apartment on the first floor of an Upper West Side apartment building in Manhattan. Twelve months ago the co-op elected to begin a re-pointing project on the exterior of our building that we were told would last 3 months. Scaffolding was erected shielding our apartment from all natural light. It has now been 12 months and there is still no end in sight. We can not get a straight answer from our board as to when we can expect the scaffolding to come down. Not only do we have no light, but the scaffolding serves as an easy entry through our street side windows for any determined burglar. Read More
Q&A: Leak Costs
I live on the top floor of a co-op. Over the past three years water seeping through our parapet wall did considerable damage to one room in my apartment. Repairs were finally made. The walls and ceiling took two days to plaster and the painting took another day. Who is responsible for the cost of the plastering and the painting? Read More
Q&A: Atrium/Courtyard Rules
Our new condominium contains, as part of its common elements, an atrium and courtyard. What do I need to know about instituting rules and regulations for these common areas in light of the fact that the board would like to afford residents the opportunity to “rent” the atrium and courtyard for parties or other functions? Read More
Q&A: Service Contractor Liability
I am looking for information regarding service contractors (i.e. cable, TV, phone) needing to set up a prior appointment to access equipment that is installed on owners’ terraces. Does the unit owner have to be at home to let the workers through their apartment to the terrace to do the job, or can a super or other building staff member open up the apartment and be there while the worker does his/her thing? What are the liability issues raised by having outside contractors traipsing through private homes? Whose responsibility is it if some personal property is damaged or stolen during the course of cable/satellite/telecom work on a terrace? Read More
Q&A: Co-op-Run Sales Office
I am a shareholder in a co-op that has 400-plus units in our building. We have an outside management company that has an office in our building and handles the general operation of the building. I would like to know if there are any legal ramifications if we, the co-op, opened our own sales office inside the building and handled only those shareowners that wanted to sell their apartments, and we would only work exclusively with our building. The shareholder/owner would have the option to use us, or go to any outside broker if they prefer. Read More
Q&A: Unpleasant Co-op Living
I have lived in a co-op in Little Neck, New York for 21 years. The shareholder-elected board of directors use their authority to mistreat the shareholders. They write letters that are nasty, rude and potentially derogatory. They’ve threatened me with letters when I was late with my maintenance payments during a period of time when I was caring financially and physically for my dying father. When I ask to meet with the board they ignore my request and continue to send unacceptable letters. These letters sent to the shareholders are cc’d to the co-op attorney. Read More
