2009 June
2009 June Vol. 29, No. 6
Focus on...Law & Legislation
Can't We All Just Get Along?
Sometimes our neighbors can be our best friends. They’re the people we turn to for emergency babysitting help, or for a cup of sugar, or for that friendly chat in the elevator. Sometimes, though, the people we live in close proximity to can be the ones we have the most friction with. And when conflict erupts between residents, it’s often up to the building’s board members or management to set things straight and smooth things over. Read More
What's On Deck in Albany and City Hall
As the legislative session in Albany winds down for the year and the New York City Council continues to address legislation, as always, there are several measures in play with serious implications for the condo and co-op community. Read More
Dealing with the Realities of the Recession
Consider the (fictional) couple, Mr. and Mrs. Smith. They love their co-op apartment, and have lived in their comfortable and convenient New York City neighborhood for the last seven years, moving in when Mr. Smith took a job as editor of a prestigious magazine. He was making a great salary, and Mrs. Smith was enjoying her new career as an elementary school teacher. When the economy took a hit last year, Mr. Smith’s magazine took a major hit— advertisers bailed and the magazine folded. Mr. Smith has had a hard time finding a job ever since, and Mrs. Smith’s salary isn’t enough to make ends meet. The couple has been struggling— and they’ve missed several maintenance payments. Read More
Checking Credentials, Covering Bases
Those who handle the management of any kind of residential building deal with contractors and contracts regularly—but they aren’t the only ones who should know about the process. It’s not necessarily an arcane topic—whether the project is a major roof repair or complete window replacement, the construction process is usually pretty much the same. But what if mistakes are made in the construction process, either by the managing agent, a consultant or someone else in charge of these matters? Who’s responsible? Whose insurance coverage comes into play? What recourse exists for building communities having problems with their contractors? Read More
Obtaining the Home Promised in the Marketing Materials
At the height of the housing boom, some builders attempted to recapture profits lost in the price they paid for their properties by cutting costs spent on labor and materials, and many others could not find good contractors or obtain low prices for building materials. At the same time, finding competent and affordable contractors and workers became extremely difficult as New York bustled with a building boom that included building two major league baseball stadiums, rebuilding Ground Zero, and planning to build the Freedom Tower, the largest building in the world, in addition to thousands of condominium and rental units, all at the same time. Read More
Layoffs, Service Cuts, Sales Tax Hike on Horizon
Mayor Michael R. Bloomberg has unveiled a $59.4 billion budget plan for Fiscal Year 2010 that reduces the city’s workforce by about 13,000 jobs and counts on givebacks by organized labor to reduce a projected $4.8 billion budget gap. Read More
Conflict Resolution Saves Money...and Community
With a worldwide fiscal crisis in full swing and many New Yorkers more stressed than usual over lost jobs, pay cuts, and dwindling assets, the last thing any co-op or condo community needs is the additional expense and acrimony of a lawsuit—especially when both can often be avoided. Read More
Double the Trouble
As attorneys who represent a large number of cooperative and condominium buildings, we’re seeing more and more often that, instead of attracting community-oriented individuals, New York City condominium and cooperative buildings often attract residents who are ill-suited for communal living. Here’s one story about two problematic condominium unit owners who cried “wolf” in their building one too many times. Read More
Q&A: Subletting Sisters
I have used my sister’s co-op apartment as my primary residence for 12 years. She holds the proprietary lease and owns the shares but she has never lived here. Recently the old co-op board was replaced, and the new board is trying to force me out. I’ve never had a problem with my neighbors or violated any particular house rule. The building and board have ignored my presence here for more than a decade—what are my rights as my sister’s tenant, and how can I stay in my home?” Read More
Buildings Must Comply or Risk Penalties
New York City’s skyline is distinguished by thousands of rooftop water tanks. While they make for interesting architectural conversation pieces, the 5,000 to 10,000-gallon tanks actually serve a vital purpose. Since the New York City street water pressure isn’t sufficient to supply water to apartments above the sixth floor, water is pumped up to roof tanks for safe keeping until gravity delivers it where it’s needed—for cooking, bathing, or putting out potentially deadly fires. With all that riding on them, it’s imperative that the tanks are kept safe and well-maintained. Read More
Q&A: Charging For Common Space Storage?
I am the president of a 60-unit condominium in Brooklyn. Years ago, the board created some bicycle storage space (a room with some bicycle racks) in the basement and allocated the two spaces to owners on a first-come, first-served basis. A couple of years ago, the board wanted to start charging owners $50 per annum for each bicycle they have stored in the bicycle storage. Despite the high value of their apartments, owners expressed their displeasure at this minimal charge. Some owners banded together and indicated that this is common space, and the board has no right to charge for it. Not all the board members were willing to proceed with the charge, and the issue was placed on the “back burner.” Now the issue of charging has arisen again amongst my board members, and I am in favor of it. We may also charge for baby carriage storage. The condo has barely any sources of income other than fines and laundry. I am concerned, however, about the response I may get this time. Read More
