2008 Aug
2008 August Vol. 28, No. 8
Focus on...Insurance & Board training
A Look at Workers' Compensation
Workers’ compensation, according to the New York State Workers’ Compensation Board, is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job. Read More
On the Rise, or Holding Steady?
Just like in our own personal budget, it seems that the everyday expenses of a co-op or condominium building just keep going up. Among the most prevalent cost hikes, as readers surely know, are fuel, salaries, repairs and the price of materials. Read More
What's New? What's Necessary?
It’s capitalism’s most basic tenet: supply and demand. When supply is sparse and demand high, prices go up. When supply is plentiful however, prices go down—and suppliers are forced to diversify their offerings in order to distinguish themselves and remain competitive in a flooded marketplace. Read More
Buildings Have Plenty of Insurance Options
If you live in a condo or co-op in New York City, your building is obviously protected with insurance—but do you really know about the various layers of protection standing between your community and a broad array of risk factors? Does your building get by on a bare-bones policy, or do you have every conceivable base covered? Read More
It's More than Just Keeping the Water Blue
It’s a scorching 92 degrees in Manhattan and many city-dwellers are dreading the traffic-filled ride to the beach or the long bus or rail commute to the Hamptons. But for some lucky co-op and condo owners, relief—in the form of an in-house swimming pool—is just steps away. Read More
When Are You Not Covered By Your D&O Policy?
In order to understand circumstances in which you might not be covered by your D&O policy, you must first ask the question, “Where does a community associations D&O policy fall within the entire insurance puzzle?” Second, “Are all D&O policies created equal?” And third, “How does the community association maximize its coverage?” Read More
A Look at the Board Member Election Process
It is an annual rite of passage for owners of co-ops and condos. Once a year or thereabouts, they gather in a common area—in my co-op in Astoria it was the basement, right off the washers and dryers—and vote for next year’s board. Sometimes the elections are closely contested. Often, the same people stay on the board for decades. Sometimes—as was the case with my building—we owners were so desperate to not be on the board that we elected a president, who didn’t even live in the building. Read More
A Vital Board Tool, But Beware
Like it or not, e-mail is a permanent fixture of contemporary business communications. In real estate, board members and property managers use e-mail to discuss the most official and the most personal matters of their lives, from scheduling meetings to disseminating documents, to sharing a quirky video on YouTube. E-mail allows board members to discuss their concerns without having to call a meeting, work around everyone’s schedule, and find a place to physically meet. Read More
Testing Now Required for Backflow Prevention Devices
On July 1, 2008 the New York City Department of Buildings (DOB) put into effect a new plumbing code. It is the first major revision of the code since 1968 and it puts a new focus on backflow prevention—the reverse flow of contaminated water into a building’s water supply. The new law requires that every point-of-use backflow preventer installed must be tested by a licensed Backflow Prevention Device Tester before it is put into use. It must then be tested annually, and each test must be filed with the Department of Buildings. This is a major step forward in the protection of New York City’s drinking water from contamination by end users. Read More
Green Building Insurance Practices
One impact of climate change is being felt as natural disasters of increasing frequency and strength are causing extensive damage to homes and businesses. The four hurricanes of 2005—Katrina, Rita, Wilma and Dennis—caused more than $57 billion in insured losses from 3.3 million claims—the largest losses on record for the insurance industry. This sort of loss quickly makes insurers reevaluate the market and its potential risks. One way the insurance industry is dealing with the increased risk due to climate change is to leave the market. Read More
Requires More Frequent Elevator Inspections
New building codes went into effect on July 1, 2008 that have completely revamped the inspection and testing procedures for elevators, escalators and other vertical transportation equipment in buildings. The new and more stringent elevator/escalator code brings with it more—and more costly—requirements for building owners and managers in the form of more frequently mandated contractor tests and the requirement of third-party witnessing. Read More
Q&A: Terrace Replacement Without Consent
Our board of managers want to replace the terraces in our condominium without the consent of the unit owners that have them. If you look at Real Property Law, Article 9-b of the Condominium Act, Section 339-i, Common Elements, under subsection 2, “the common interest appurtenant to each unit as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all unit owners affected, expressed in an amended declaration.” Can they legally do this? Read More
Q&A: Tenant Lockout?
We have a number of apartments in our condominium where owners have not paid maintenance for a few months. As our condo is in the process of legal action and collection against these owners, can we stop their access to the apartment until the delinquencies are paid? The owners in question come and go freely and often have friends and others staying in their units. What are the rights of the condo until we can get a court order or begin foreclosure proceedings? Read More
Q&A: Home Equity Loan Requests
I am on the board of a cooperative building in New York City. We have recently received two requests from shareholders looking to borrow additional funds by taking out a second loan, (in each case an equity line of credit arrangement) to be secured by a second lien on the apartment and its shares. In each instance we have been asked to provide a recognition agreement in the standard Aztech form to the holder of the second lien. Read More
Q&A: Superintendent on Board of Directions
Can we have a superintendent on the board of directors although he is not a shareholder? Is this a conflict of interest? What are the pros and cons of an employee being on the board? Read More
Q&A: Proxy Solicitation
The president of our 75-unit co-op instructed the management company and the superintendent to knock on each shareholder's door and ask for their proxy. The president was up for re-election and wanted to secure his position. The co-op incorporation documents and bylaws are silent on the matter. The co-op attorney said anyone can go out and request proxies from shareholders. Is it proper to have the management company and superintendent get proxies and have them voted as instructed by the president of the co-op? Read More
