survey - Habitat Magazine

Transcription

WWW.HABITATMAG.COM Serving new York Board MeMBerS & ProPertY ManagerS of Co-oPS & CondoS nOveMBer 2013 $3.95
®
Dogged
THE BEST LAWYERS ARE
2013
Attorney
Survey
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2 HABITAT november 2013
www.habitatmag.com
FoUnDeD 1982
ServIng new York BoArd MeMBerS &
ProPerTY MAnAgerS of Co-oPS & CondoS
noveMBer 2013
voLUMe 32
nUMBer 303
publisher and editor-in-chief
Carol J. Ott
[email protected]
editorial director
Tom Soter
[email protected]
associate editor
attorneY
SUrveY
november
2013
Aparna Narayanan
[email protected]
editorial assistant
Kathryn Farrell
[email protected]
proofreader
Dave Baker
web content editor
Frank Lovece
[email protected]
art director
Michael Gentile
[email protected]
contributing photographers
Carol J. Ott
Tom Soter
Jennifer Wu
advertising director
Stephen Hanks
[email protected]
operations manager
Jennifer Wu
[email protected]
collections supervisor
Bill Hoover
habitat® (iSSn-0745-0893; USPS 681-510)
the magazine serving new York co-op/condo
board Directors & building managers, is published
monthly except for a combined issue in July/august
by the carol group Ltd., 150 w. 30th St., Suite
902, new York, nY 10001. Periodical postage
paid at new York, nY and at additional mailing
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HeN SHOuLD your board ask for legal
advice? The answer to this simple question
is, well, let’s just say it depends on whom
you ask.
If you ask your fellow board directors,
they are likely to say “sparingly.” And the reason is money. What
you think is simple, a lawyer may see as the tip of a problemproducing iceberg, and suddenly you’re in for a lot more than a
simple answer. But the legal advice could steer you away from
some horrible mistake that will cost your co-op or condo thousands
of dollars. So “sparingly” may be the wrong advice to take.
If you ask your managing agent, he or she might respond
similarly. The manager is not in the habit of spending your
association’s money willy-nilly, and probably has enough practical
experience to offer advice that is, well, practical.
For our November issue, we decided to ask the group who gives
it – New York’s leading co-op/condo attorneys. Mindful that this
might backfire – sort of like asking the fox to guard the hen house
– we were dogged in our pursuit of useful answers. What follows
is a legal playbook covering all the areas where board missteps can
be found.
Responses from the over 40 lawyers are grouped into broad
categories so you can more easily find problems pertinent to your
situation. And with advice comes interaction with the advisor, so
we included personal tidbits that each lawyer passed along that
helps gives a voice to their comments.
enjoy the issue.
publisher and editor - in - chief
november 2013 HABITAT 3
EXPANSIVE KNOWLEDGE...
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In the end, our complete and comprehensive approach increases value and saves money.
Ask the numerous clients who have remained with us for decades, or, the newest ones, all of
whom have chosen us over the competition. We have a big picture approach that delivers
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[email protected]
Steven Furman
Director Of Management
[email protected]
www.ruddrealty.com
641 Lexington Avenue 10th floor
New York, NY 10022
Tel: 212.319.5000
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Cable and the eye/ear logo are trademarks of Time Warner Inc. Used under license. Habitat_9.1__MDU_leadtheway_2013_8.125x10.875
www.habitatmag.com
attorneY
SUrveY
november
2013
Admissions ..................................... 7
Discrimination ............................. 24
Borah Goldstein Altschuler Nahins & Goidel
eric m. goidel, Partner
Buckalew Frizzell & Crevina
eric Frizzell, Partner
Ganfer & Shore
matthew J. Leeds, Partner
Adam Leitman Bailey
adam Leitman bailey, Principal
Romer Debbas
Pierre Debbas, Partner
Stroock & Stroock & Lavan
Dale J. Degenshein, Special counsel
Auto-Renewals ............................ 10
Barton Stephen Lasser, Partner
Governance .................................... 25
Gallet Dreyer & Berkey
David L. berkey, Partner
Hankin & Mazel geoffrey mazel, Partner
Herrick, Feinstein David byrne, Partner
Novitt, Sahr & Snow Seth Sahr, Partner
Law Offices C. Jaye Berger
c. Jaye berger, Principal
The LaGumina Law Firm
John J. Lagumina, Partner
Law Offices of Richard Klein
richard Klein, Partner
Boards .................................................. 12
Arthur I. Weinstein
arthur i. weinstein, Principal
Montgomery McCracken Walker & Rhoads
Phyllis weisberg, Partner
Lawyering ......................................... 32
Levine & Montana Lewis montana,
Principal attorney
Balber Pickard Maldonado & Van Der Tuin
michael t. manzi, Partner
Belkin Burden Wenig & Goldman
aaron Shmulewitz, Partner
Litwin & Tierman, and Salon Marrow
robert D. tierman, Partner
Miller & MIller
Joel e. miller, Partner
Holland & Knight Stuart Saft, Partner
Veneruso, Curto, Schwartz & Curto
James J. veneruso, managing Partner
Construction ................................. 16
Seyfarth Shaw
Dennis h. greenstein, Partner
Porzio, Bromberg & Newman
Steven r. wagner, Partner
Braverman Greenspun
Scott greenspun, Partner
Stuart Halper & Associates
Stuart halper, Principal
Contracts .......................................... 20
Schneider Mitola marc h. Schneider, Partner
Tane Waterman & Wurtzel
Stewart wurtzel, Principal
Wolf Haldenstein Adler Freeman & Herz
Steven Sladkus, Partner
Norris McLaughlin & Marcus
Dean m. roberts, Partner
Phillips Nizer marc a. Landis, Partner
Litigation........................................... 36
Rosen Livingston & Cholst
bruce a. cholst, Partner
Schecter & Brucker andrew brucker, Partner
Tarter Krinsky & Drogin
Steven troup, Partner
Owners ................................................. 39
Brill & Meisel elliott meisel, Partner
Himmelfarb & Sher ronald a. Sher, Partner
Kaufman Friedman Plotnicki & Grun
Linda Plotnicki, Partner
Smith, Buss & Jacobs
Kenneth r. Jacobs, Partner
Racht & Taffae theresa racht, Partner
www.habitatmag.com
Admissions
eric M.goidel
Partner
Borah Goldstein Altschuler Nahins & Goidel
MAINTAINING MARKeT VALue
dentically sized apartments often sell for significantly
different prices. Variables include an apartment’s
condition and its location in the building. Boards must
often wrestle with the competing goals of allowing
their shareholders to sell their apartments while trying
to preserve the market value of all shares. Although the
economy is improving, many owners still find it difficult to
sell their apartments at prices that are acceptable to their
boards. Purchasers still lowball offers and are ever more
critical of an apartment’s condition.
Affording shareholders the ability to give renovation,
maintenance, or closing expense credits will enable the
selling shareholder to sign a contract at a price that a board
will accept, yet result in a purchaser buying the apartment
at a net lower price. Where the seller’s concession takes
Borah Goldstein Altschuler Nahins & Goid
Size: Partners 8 Associates 33 Of Counsel 4 Paralegals 2
Co-op/Condo Specialists: Partners 2 Associates 5 Of Counsel
1 Paralegals 1 Hourly Rates: Partners $400-450 Associates
$175-385 Of Counsel $350 Paralegals $100 Board Clients: 145
Location: NYC 95% LI 3% WC 2%
the form of a
renovation credit a
RuN FOR THeIR LIFe
mechanism must be
Participates regularly in triathlons
established to ensure
for cancer charity fundraisers.
that the apartment
WINNING AGAINST ALL ODDS
is subsequently
renovated. Otherwise, the theme that inspires him in
his film fave, The Shawshank
the same issues will
Redemption.
be revisited with the
next sale.
LOVeD THOSe RuINS
All forms of
archaeological sites: the most
concessions must
impressive aspect of trip to the
be written into
ancient city of ephesus in turkey.
contracts, so as to
not perpetuate any
type of banking
fraud. However, boards must be aware that lenders may
place limits on what percentage of a sales price may be
rebated to the purchaser. In order to arrive at a policy that
addresses the goals of all parties, boards should consult
with an attorney who is familiar with these options and
their limitations.
n
Matthew J. Leeds
Partner
Ganfer and Shore
A MATTeR OF PeRSPeCTIVe
an a co-op board reject a purchaser’s application because the
directors do not like the price being paid for an apartment?
Can a condominium board adopt rules to ban smoking by
unit-owners within their own apartments?
Although these are matters of law, the considerations
giving rise to them call into play practical and political
issues that might not be evident to a non-professional
board. Both matters not only have a legal answer, but also
have a potential effect on the values of apartments and the rights of owners and
occupants, as well as the burdens of enforcement.
experienced counsel (together with a good professional managing agent)
will have dealt with these issues in other buildings and can add to the board’s
perspective. As a result, the board can make an informed decision about whether
to go ahead with such a significant move, and the political implications of dealing
with the owners and occupants.
n
AND IT’S NOT eVeN FeB. 14
Favorite food: “i couldn’t do
without my wife’s cuisine.”
NOW THAT’S INTRIGuING
Possible memoir title: “the
cheese in my Father’s Danish.”
HIS HOBBY IS HIS BOND
hobby: book collecting (including
volumes about the literary James
bond).
Ganfer & Shore
Size: Partners 9 Associates 16 Of Counsel 2 Paralegals 2 Co-op/Condo Specialists: Partners 5 Associates 7 Paralegals 1
Hourly Rates: Partners $425-550 Associates $250-375 Paralegals $125 Board Clients: 120 Location: NYC 100%
www.habitatmag.com
Admissions
Pierre debbas
Partner
Romer Debbas
AN INFLux OF ATYPICAL BuYeRS
or many years, co-ops would not consider any
form of ownership other than in the name of an
individual. But several buyers have sought to take
title in the name of a trust for estate planning
purposes, and boards should no longer arbitrarily
reject this request. A board should reach out to
its counsel to ascertain what protections it needs
in order to consider ownership in the name of a
LAUREN & CHASE
DESIGN GROUP
BeLLA LuNA
most interesting trip: honeymooning
for 10 days in italy.
NOT IF YOu GeT HIT IN THe HeAD
hobby: playing sports because it
“helps me to maintain my sanity.”
trust, limited liability company
(LLC), offshore company, or other
entity. Typically, we require an
occupancy affidavit attesting who
the occupants of the unit will be
and a personal guarantee from the
individual who would purchase the
unit. Additionally, an irrevocable
trust is more favorable from a
board’s perspective as opposed to
a revocable trust. All trusts will
need to be reviewed by the board’s
attorney for approval.
Furthermore, an influx of capital
from overseas is flooding the
condominium market. The majority
of these investors are purchasing
in cash and taking title through an
LLC and/or offshore company. We
have seen several condo boards
place conditions on these buyers,
even going so far as to require
common charge escrows. This is
a decision that should be carefully
scrutinized by a condominium board
because technically their only right
is that of first refusal. The board
does not have the authority to
impose conditions on the issuance
of the waiver of right of first
refusal. Actions of this nature can
potentially expose the board to
liability.
n
Romer Debbas
Well-designed interiors are exciting to experience. Let us help you…..
Lauren & Chase is your resource for outstanding, full-service design
created specifically for your building.
Please contact Susan D. Lauren for a complimentary design consultation.
www.lauren-chase.com • 212-799-6633 • [email protected]
Licensed
NCIDQ – certified
Size: Partners 4 Associates 2 Of Counsel
1 Paralegals 5 Co-op/Condo Specialists:
Partners 3 Associates 2 Paralegals 4
Hourly Rates: Partners $400 Associates
$275 Of Counsel $325 Paralegals $150
Board Clients: 30 Location: NYC 100%
LEED Green - certified
www.habitatmag.com
dale J. degenshein
Special Counsel
ReJeCTION RATIONALe
they are acting
lthough New York State law provides that a
CuLTuRe BuT NO CLASH
appropriately, if
cooperative board can reject a proposed purchaser
most interesting trip: last year,
there is a potential
for no reason or any reason, absent discrimination,
celebrated thanksgiving in ghana
for litigation,
the accompanying mantra is that objective reasons for a
with U.S. visitors trying to make
they should
rejection fare far better than subjective reasons. A situation
traditional thanksgiving meal with
ask counsel to
often occurs when a board, unhappy with a prospective
african foods and preparation
review the issues
purchaser’s financials, invites the purchaser to an interview
methods, ultimately to share with
before they take
so that she can explain any discrepancies. Most attorneys
african friends new to the holiday.
any substantive
would have stopped the interview and advised that the
steps in dealing
board should receive all financial information and have all
with a purchase
questions answered before they ever meet (or even speak
application.
with) the purchaser.
unfortunately, we have seen too many circumstances
If the board is inclined to reject a purchaser based on
where board members, acting with the best possible
financial considerations, but they meet the purchaser and
intentions, take action that – had they consulted (and
the purchaser is a member of a legally protected class (and
followed the advice of) counsel – they would not have
we may all be members of a protected class depending
taken.
n
on the circumstances), the board has given the purchaser
a potential cause of action: that the board
rejected her not because of her financial
Size: Partners 98 Associates 190 Of Counsel 15 Paralegals 46 Co-op/Condo
status, but rather because of impermissible
Specialists: Partners 2 Associates 6 Of Counsel 1 Paralegals 3 Board Clients: 150
discrimination.
Location: NYC 100%
No matter that board members believe
GUESSING
GAMES
Oil or gas? Refinancing a mortgage, when and who?
Replacing an elevator, a roof, a super? Facade repairs?
Important, expensive questions deserve the right answers.
LAWRENCE PROPERTIES
Residential managers
since 1925
Call Anton C. Cirulli, Managing Director (646) 454-2932
150 West 30th Street, New York, NY 10001
www.lawrenceproperties.com
www.habitatmag.com
Auto-Renewals
Stephen Lasser
Partner
Barton
GeTTING OuT OF A BAD DeAL
ost vendors and contractors try to
get co-op and condo boards to sign
form contracts that usually favor
themselves. If the terms are not
negotiated and revised, it may be
difficult to cancel the contract even
if the contractor or vendor fails to
adequately perform its obligations.
Laundry room contracts are typically at least seven years
long. In my experience, laundry room service providers will
go to great lengths to satisfy demands for improved service
or better rates, but in the end they typically will not agree
to a voluntary early termination of contract. In situations
Barton
Co-op/Condo Specialists: Partners 1 Associates 2 Paralegals 1
Hourly Rates: Partners $395 Associates $285 Paralegals $135
Board Clients: 50 Location: NYC 75% WC 25%
where laundry room
contracts were
euROPeAN MAN
drafted by the service
Favorite trip: to europe,
provider, I have had
because “i love the history
to advise clients that
and the different cultures and
they will have to live
languages.”
with the provider until
A ROYALe WITH CHeeSe
the end of the contract
Fave film: Pulp Fiction. “i enjoy
the nonlinear storyline, eclectic
term because early
dialogue, and dark humor.”
termination would
be difficult, if not
impossible.
For long-term contracts or where large sums of money
are involved, it is usually easier to monitor and control the
performance of the vendors when attorneys were involved
in the contract drafting and negotiation process, and the
upfront legal fees will reduce costs later if there is litigation
or will eliminate litigation altogether because of the clarity
of the contract terms and remedies.
n
Seth Sahr
Partner
Novitt, Sahr & Snow
CLAuSeS IN NeeD OF LAuNDeRING
ecause of the minor nature of many
construction jobs, it often does not
occur to a board or to management
to consult with counsel before work
gets underway. I cannot disagree
that going to counsel for every little
job might gum up the day-to-day
operations of a building. But it can be a bad decision to
ignore your attorney when signing what appears to be a
boilerplate, simple contract, or proposal. Many vendorprepared contracts, whether small jobs or routine
service agreements, are filled with potential pitfalls.
A classic example of this is an agreement to rent to
a laundry vendor. even though a laundry contract runs
between six and eight years, it typically has all kinds
of language that, if not properly negotiated from the
outset, can end up haunting the building.
This can include the vendor’s ability to randomly
raise or lower prices, limits to vendor responsibilities,
the right to reduce the
agreed-upon rents, and,
WHAT’S YOuR HANDICAP?
most importantly, the
hobby: golf.
dreaded right of first
A KISS IS STILL A KISS
refusal. This is the clause
Fave film: Casablanca, because it
that states that when
never gets old.
you get to the end of the
AMNeSIA CAN Be A BLeSSING
term, you may not sign
Possible memoir title: “i can’t
with a different company
remember.”
unless you first offer the
same terms to the current
company, potentially
doubling the term. When
in doubt as to whether you should sign a contract or
proposal on behalf of the building, bring your lawyers
into the review and decision-making process. You
won’t regret it down the line.
n
Novitt, Sahr & Snow
Size: Partners 2 Of Counsel 3 Paralegals 3 Co-op/Condo Specialists: Partners 2 Of Counsel 1 Paralegals 3 Hourly Rates: Partners $275-300
Of Counsel $250 Board Clients: 50 Location: NYC 90% LI 10
www.habitatmag.com
John J. Lagumina
Partner
BeWARe THe
BOILeRPLATe
oards
should
get legal
advice
before
entering
into
contracts,
such
as for coin-operated laundry
machines, renovations, refuse
removal, and storage systems.
Often the boilerplate forms utilized
by vendors are one-sided and
designed to provide maximum legal
advantage to the vendor rather than
the board.
For example, many laundry-room
NO SuRPRISe HeRe
Favorite food: pasta, “because
i’m italian.”
BuT IS IT PLAYING 24/7?
obsessive hobby: soccer,
“which i would watch 24/7 if i
could.”
agreements are written as leases
with automatic renewal clauses
and rights of refusal. These can be
very difficult to get out of and may
end up perpetually binding future
boards to the vendor. Instead, the
board should seek legal counsel
to convert the laundry-room lease
agreement into a more balanced
license agreement with reasonable
cancellation and other provisions.
www.habitatmag.com
Auto-Renewals
Similarly, refuse removal
agreements often contain
automatic renewal clauses that
may tie the board to the vendor
forever. Contracts for repair or
renovation work should also be
referred to counsel in advance
in order to ensure that there
are sufficient provisions for
retainage, payment applications,
approval of work, and other
conditions designed to protect
the board from pre-paying
too much or from paying for
incomplete or defective work. n
Size: Partners 1 Of Counsel 1
Paralegals 2
Co-op/Condo Specialists: Partners 1
Of Counsel 1 Paralegals 1
Hourly Rates: Partners $375 Of
Counsel $250 Paralegal $100
Board Clients: 140
Location: NYC 10% WC 10 %
Boards
Arthur I. weinstein
Principal
Arthur I. Weinstein
THe OBNOxIOuS DIReCTOR
n several occasions boards have
found themselves saddled with
directors whose conduct, attitude,
and lack of professional understanding
have made it difficult for the board to take
care of business. I have seen directors
who have “one-issue” constituents: to
implement or stop the implementation
ONe OF LIFe’S LITTLe
MYSTeRIeS
of a particular project such as roof deck,
Possible memoir title: “why are
lobby renovation, or gym; who are so
all my tenants crazy?”
focused on issues pertaining to their own
NeVeR A DuLL MOMeNT
apartments; who have personal issues with
most interesting trip: an allother directors; who are verbally abusive
expenses-paid return trip from
to other directors; who show no respect
South vietnam to the U.S.a. in
for confidentiality of board proceedings;
april 1969.
who threaten litigation against the coop because they disagree with board
decisions; who have financial relationships with companies doing business with the
co-op.
I have found that there is no single way to deal with these problems. The New
York State Business Corporation Law merely provides requirements for disclosure
of conflicts of interest and methods to void contracts, but the issues of the obnoxious,
ineffective, counterproductive director rarely rises to the level contemplated by the law.
Building Relationships in Real Estate for Over 40 Years!
We are…
• Experienced
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Thomas Szczepaniak
First VP, Commercial Real Estate Division | (914) 768-6984
Lawrence D. Stewart
First SVP, Business Development | (914) 771-3284
“Our team is here for your business.”
— Thomas Szczepaniak
First Vice President
www.hudsonvalleybank.com
Member FDIC
www.habitatmag.com
My initial recommendation is
to educate all directors about the
nature of their fiduciary obligations,
expected standards of personal
conduct, and confidentiality
requirements. If education through
personal meetings, recommended
attendance at available courses, and
seminars fails to change the conduct
of the impossible director, the board
must consider legal remedies. Most
bylaws authorize an “executive
committee” of directors to minimize
the involvement of the director.
However, if the director has a multiyear term remaining, the board
may be forced to consider action,
governing documents permitting, to
remove the director. Rarely, however,
do the bylaws permit the board to
remove a director for abusive or
counterproductive conduct. The
ultimate solution is to present the
problem to the shareholders. A
removal “for cause” is allowed by
law when the removal is based on a
specifically identified allegation of
improper conduct by the director.
Recently, the shareholders of one of
my clients removed a dysfunctional
director at the request of a majority
of the board. The result? A more
harmonious, far more efficient and
functional board.
n
Lewis Montana
Principal Attorney
Levine & Montana
DO YOuR DuTY
ne of the associations that
I represent elected two
people to its board. They had
never served as directors or officers
before. There are five members
on the board, two of whom are
sponsor representatives. The sponsor
representatives were elected, not
appointed, and the sponsor only voted
for its two people. Before long, the
two novice directors pronounced that
one of the sponsor representatives
was not entitled to serve and would
not be recognized.
They offered a letter from a private
www.habitatmag.com
When Sandy
came to New York,
New York
came to Castle.
Founder Mauro Romita, Sr. knew in 1928
how to build a company with exemplary
service, no matter what it takes.
C
astle customers know that, for
over 80 years, we’ve delivered
the highest quality energy products
and we’ve been there for them even
under the most difficult conditions.
That’s performance backed by
real people.
Before the “superstorm” was deemed
over, Castle’s terminals were open
and our trucks were on the road
making deliveries to our customers.
That’s what “Customers Rule” is
all about.
Castle Oil Corporation
440 Mamaroneck Avenue
Harrison, NY 10528
www.castle.us
Carla Romita,
Sr. Vice President (914) 381-6506
Joseph W. Colonel,
Sr. Vice President (914) 381-6540
All our customers rely daily on our own
on-site testing laboratory, a 40 million
gallon deep-water terminal, a certified
in-house service department, and a fleet
of over 90 vehicles.
Customers
Rule,
Naturally.
®
Boards
attorney to support this contention.
However, the organizational
documents did provide that the
sponsor representatives could serve.
A response was provided to the
outside attorney, and it has not been
refuted. As a consequence, important
board meetings were not conducted
because the directors would not
convene while this matter was being
aired. If the novice directors had
inquired directly, the issue and time
delay could have been avoided.
One of the same two new board
members is alleged to have physically
interfered with a building-wide
renovation project, which had
Aaron Shmulewitz
Partner
exeRCISING RIGHTS – AND ReSTRAINT
ot so much legal advice,
but practical advice
regarding the limits of
board power. Very often,
not exercising a legal
right is the wisest course of action, if
exercising it will lead to greater enmity,
enmesh the board in litigation, and cost
tens of thousands of dollars in legal fees,
which are normally not recoverable. n
FATHeR KNeW BeST
role model: montana père, who
displayed religious devotion,
family concern, mechanical ability,
simplicity, and calm.
IT STARTeD WITH THe MICK
can’t-miss tv: new York Yankees
baseball – “i’ve been a fan since
the early 1960s.”
been approved by the board as a
whole, with plans and specifications
provided by the association’s
professional engineer and permitted
by municipal authorities.
Board members need to realize that
they are fiduciaries. They need to put
aside their personal interests so that
they can act in the best interests of
the community as a whole, in good
faith, and within the scope of their
authority. When they fail to do that,
they jeopardize the board’s actions
under the Business Judgment Rule
and potentially expose themselves to
personal liability.
n
Levine & Montana
Co-op/Condo Specialists: Partners 1 Of
Counsel 1 Board Clients: 27 Location:
NYC 4% Putnam 7% WC 89%
Size: Partners 27 Associates 22 Paralegals 7
Associates 5 Paralegals 2 Hourly Rates:
Partners $395-500 Associates $250-325
Board Clients: 300 Location: NYC 98% LI 1%
WC 1%
WASN’T THAT A FILM?
Proposed memoir title: “Last
man Standing.”
TAKe THIS MOB AND
WATCH IT
Fave films: The Godfather and
The Godfather Part II; fave tv
show: The Sopranos.
Joel e. Miller
Partner
Miller & Miller
THe SHOCK OF DWINDLING MILLIONS
ecause one of my firm’s prime specialties is advising
co-ops and condos on income-tax matters, my
mind naturally turns to such issues when asked
about a board’s need for competent advice before
committing to anything substantial.
Lately, a number of long-standing Manhattan coops have been approached by brokers on behalf of
wealthy persons who would like to buy the building
and turn it into a single-family residence. Think
of a four-unit building for which a buyer would be
willing to pay $12 million. Three million dollars for each shareholder sounds
pretty good. But wait a minute. First of all, there would be sizeable transaction
costs. The transfer taxes alone would be more than $360,000. For the sake
of simplicity, let’s assume a total of $500,000, thus leaving $11.5 million for
shareholders to walk away from the table with.
But then come the income taxes. The first step in computing the co-op’s
income-tax liability would
be to subtract the building’s
Miller & Miller
“adjusted basis” from the
$11.5 million “amount
Hourly Rates: Partners $425-485
realized.” If we assume an
Board Clients: Varies Location: NYC 95% LI 5%
“adjusted basis” of $1.5
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million, the co-op’s taxable gain
would be $10 million.
Here is where the first shock
comes in, at least for the many
who are not conversant with such
matters: there is no special capitalgains rate for corporations, and the
effective combined federal-state-city
rate for Manhattan corporations is
approximately 46 percent. Thus, the
amount available for distribution
to each shareholder would be –
not $3 million – but only about
$1,725,000. Then comes the second
shock – the phenomenon known as
“double taxation.” Notwithstanding
the enormous tax already paid at
the corporate level, the distribution
would generate another tax – of
a considerable amount – at the
shareholder level.
FAIR AND BALANCeD?
tv he enjoys: The O’Reilly
Factor, “because bill o’reilly
gives both sides of the issues.”
CATS NOT WeLCOMe
hobby: keeps tropical fish.
It is not surprising, then, that
many such potential sales have been
abandoned when the income-tax cost
became known. We do know of one
instance in which a building sale by
a co-op did go through, but that was
only because the board had signed a
contract of sale without consulting its
tax advisor and the court had refused
to excuse it from performance.
That is not to say that there can
never be a solution. Sometimes a deal
can be structured in which the co-op
is converted to a condo, and the buyer
purchases all of the units. Of course,
such an approach requires not only
a favorable set of facts, but also a
knowledgeable team of professionals
to make it work.
n
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James J. veneruso
Managing Partner
A SHOPPING LIST OF WORRIeS
ooperative and condominium boards of directors should ensure
that appropriate corporate governance policies are in place and
periodically reviewed by their attorneys: conflict of interest,
code of ethical conduct, retention/destruction policies, and risk
management (accounting procedures). By doing so, many legal problems can
be avoided.
Co-ops should also have written policies regarding admissions,
renovations, parking, pets, and subletting (to the extent that the proprietary
lease affords the board discretion). Co-op and condo boards should also
periodically review bylaws and house rules.
In addition, the following documents should
be discussed:
Major contracts. Any contract beyond
a nominal amount, and those with terms
exceeding one year, should be reviewed by
legal counsel. examples of major contracts
include roofing, boiler, elevators, and lobby
AND BOB HOPe WAS
or common area renovations.
THeRe, TOO
Insurance coverage. Counsel should
most interesting trip: morocco.
be consulted on the amount and types of
insurance coverage, and scope of directors’ “it has it all! culture, varied
landscapes, friendly people,
and officers’ coverage.
interesting architecture and
Requests for reasonable
historical sites, outstanding
accommodations and disability-related
matters. These are becoming more common restaurants, and beautiful
hotels.”
and, when not handled properly, result in
discrimination claims being filed at the
AN ANGeL GeTS ITS WINGS
federal/state levels. If successful, the lawsuits Fave film: It’s a Wonderful Life.
may result in substantial fines and penalties.
The most common requests for a reasonable
accommodation include exceptions to pet
policies, relocation or re-assigning of parking spaces, and improved methods
of access to building areas. For example, the board for one of our co-op
clients recently received a request for a special accommodation in the form
of a re-assigned parking space as close as possible to the buildings front
entrance. The shareholder suffered from numerous physical disabilities that
made it difficult for her to walk. The board considered the request, consulted
with counsel, and provided a parking space immediately adjacent to the
building’s front entrance. The granting of the requested accommodation
was a deviation from the co-op’s established parking policy and method for
assigning parking spaces.
We have found, time and time again, that what shareholders and unitowners request is increased transparency. Boards should strive to accomplish
more effective communication with residents. This will help ensure
compliance with their fiduciary obligations. It also creates awareness that the
board is fulfilling its duty.
n
Size: Partners 4 Associates 3 Of Counsel 5 Paralegals 4 Co-op/Condo Specialists: Partners
1 Associates 1 Paralegals 2 Hourly Rates: Partners $400 Associates $360 Paralegals $135
Board Clients: 39 Location: WC 100%
Construction
dennis H. greenstein
Partner
Seyfarth Shaw
LOCAL LAW 11 COMPLIANCe
irtually all cooperative and condominium buildings will at
some point be required to perform façade work to repair
damages, and when such time arises, they must enter into
agreements with contractors and other professionals. We
have advised board members of buildings located in New
York City regarding essential provisions that should be
included in agreements with contractors and architects.
Buildings with six or more stories must also comply
with Local Law 11, which mandates an inspection every five years by a licensed
architect or engineer. It also requires a report to be filed by the architect or
engineer with the New York City Department of Buildings (DOB). If Local
Law 11 is applicable, the agreement with the architect or engineer (the
“professional”) must state, among other things, that the professional will be
complying with the DOB reporting requirements.
Further, in agreements between the board and its professional, for all
work relating to façade or other exterior repairs, I would recommend that the
agreement state whether the professional will be responsible for filing a site
safety plan in connection with the construction. I have reviewed a number of
MAN OF HONOR
Proposed memoir title: “if i Said
it, i meant it.”
He DID IT HIS WAY
Film fave: The Fountainhead,
starring gary cooper as an
architect who destroys his own
building when his construction
plans are not followed.
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agreements already entered into
between boards and professionals
that have failed to clearly define
the responsibility of professionals
to request from the DOB that the
number of site safety inspectors
be reduced. This is a critical point
because it can cost a building tens
of thousands of dollars to continue
to have unnecessary site safety
personnel on the construction site.
Many boards fail to have their
attorneys review the proposed
form of construction contract.
I have reviewed poorly drafted
warranty and insurance provisions
in contracts already signed. For
example, the amounts of insurance
coverage may be woefully low or
the types of coverage inadequate.
If the bid were based on such
provisions and the attorney reviews
it after the bid has been accepted
and recommends an increase in
the insurance coverage or changes
in the warranty, the contractor
will probably insist on raising
the contract sum to cover the
added insurance and/or warranty
requirements.
Boards should contact their
attorneys before they have (a)
retained a professional to inspect
the building, (b) obtained a
report detailing the results of the
inspection, and (c) granted a bid to
a contractor to perform the façade
work. If they do so, their attorneys
can guide the board and managing
agent through the process, review
documents, and provide comments
to each of the prospective
agreements the board will be
signing and avoid potential liability
and costs.
n
Seyfarth Shaw
Size: Partners 58 Associates 37 Of
Counsel 18 Paralegals 10
Associates 3 Paralegals 3
Hourly Rates: Partners Upon Request
Associates Upon Request Paralegals
Upon Request Board Clients: 165
Location: NYC 100%
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Construction
Steven r. wagner
Partner
PROCeDuRAL PITFALLS
oo often, co-ops and condos enter into significant construction contracts
prepared by their contractor or architect without review by an attorney. This
works perfectly when all goes well, but in rare instances when projects are
significantly delayed, or a dispute arises, or someone is injured, the consequences
can be not only expensive and aggravating, they can be catastrophic.
One of our clients had an issue with damages to the roof, apparently caused by the
contractor’s improper installation. The contract prepared by the roofing company
essentially provided that the co-op would receive only the manufacturer’s warranty.
Thus, the warranty was nearly worthless in that it only provided for payment of
materials. The co-op had to pay for the repairs and had to decide whether to spend
money on an expensive lawsuit in order to recover for the poor installation.
Another cooperative signed a construction contract that failed to provide for
proper insurance coverage. There was an injury on the job to one of the contractor’s
employees. A suit was started, and the claim was defended by the co-op’s insurance
carrier until the coverage issue with the contractor’s insurance company was
resolved. It was expensive, aggravating, but fortunately not catastrophic. These issues
could have been avoided with careful review of the contract by the co-op’s attorneys.
n
THe QuIeT LIFe
ideal night out: hanging out at
home with beautiful wife and
daughter.
WHeN I WANT SOMe ACTION
Film faves: Apocalypse Now
– completely spellbinding
– and Lawrence of Arabia –
beautifully photographed.
Co-op/Condo Specialists: Partners 2 Associates 2 Of Counsel 3 Paralegals 2 Hourly Rates: Partners $450 Associates
$250-360 Of Counsel $360-450 Paralegal $125-175 Board Clients: 50 Location: NYC 85% NJ 15%
Scott greenspun
Partner
Braverman Greenspun
TeRMINATING WITHOuT CAuSe
e recently negotiated a construction agreement that allowed the
board to terminate the contractor without cause. Soon after the
agreement was executed, the relationship between the board
and the contractor soured, although it was not clear that the board had the
right to terminate the contractor for cause and any attempt to do so would
have probably resulted in litigation. As a result of the board’s foresight
in having the contract negotiated by counsel, as opposed to executing
a standard form, it was able to immediately terminate and replace the
problematic contractor. As a result, the project could continue without
significant delay or further legal costs.
n
SILeNT NIGHT
ideal night out: dinner with wife and
sons at a restaurant where there is
no cellphone service or wi-fi.
COuLD YOu See ALASKA?
most interesting trip: a client
meeting in Kazan, russia.
Braverman Greenspun
Co-op/Condo Specialists: Partners 3 Associates 6 Of Counsel 2 Paralegals 1 Hourly Rates: Partners $465
Associates $250-385 Of Counsel $385 Paralegals $115 Board Clients: 192 Location: NYC 100%
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Stuart Halper
Principal
ReVISING
STANDARD
FORMS
he most important area
where boards should seek
legal advice is when they
are contracting with firms
for construction projects
that reach a certain threshold that
is proportionate with the size of the
LIFe LeSSONS
role model: “my dad, a cPa, who
taught me about life and how to run
a business.”
MeAL (AND) FILM
He CAN’T ReFuSe
anything italian to eat and The
Godfather to view.
ANSWERS WHEN YOU NEED THEM
Are YOUr
FINANCIAL STATeMeNTS
REALLY HeALTHY?
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lenders and mortgages to loan officers armed
with denial checklists, publishing the best possible
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Financial Statement has become a NEcESSiTY.
Rest assured that prospective purchasers and
their lenders are scrutinizing YOUR property’s
financial health.
READ OUR ALERT MEMORANDUM SENT TO cLiENTS
to find out how Czarnowski & Beer can help your
Board deal with the implications of your building not
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Visit: www.czarbeer.com/financials2013
Also online at CzarBeer.com:
property. Generally where there is
an architect or an engineer, he or she
usually will prepare an American
Institute of Architects (AIA) contract
that must be reviewed by the board’s
attorney. even though the AIA is a
standard document, there are many
items that need to be changed in
order to protect the co-op/condo/
HOA. The attorney is the only party
that is not financially interested in the
mechanisms of the contract, unlike
the contractor, architect, or engineer.
n
Size: Partners 1 Associates 1
Associates 1 Hourly Rates: Partners
$300 Associates $300 Board Clients: 45
Location: NYC 95% WC 5%
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Our InfOrmatIOnal VIdeO SerIeS
tImelY InfOrmatIOn On ImPOrtant tOPICS
BUDGeTS FOr COOperATIveS
AND CONDOMINIUMS
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SeLF-ASSeSSMeNT
UNDerSTANDING
FINANCIAL STATeMeNTS
WHAT TO LOOk FOr IN YOUr
MONTHLY MANAGeMeNT repOrT
Contact Us at (212) 397-2970
[email protected] • www.czarbeer.com
Contracts
Marc H. Schneider
Managing Partner
Schneider Mitola
KeePING MY eYeS ON YOu
any times, boards feel that their attorney is not
needed to review and/or prepare a contract as long
as the material terms of their agreement with a
vendor (e.g. price, scope of work, etc.) are listed in a contract
or proposal. This is problematic because vendors usually
provide boards with a boilerplate contract that is drafted in
terms most favorable to the vendor. However, it is the fine
print and non-material terms that cause the most problems
contained in boilerplate agreements that cause the most
problems.
For example, many proposed vendor contracts contain
a provision that the association must indemnify and hold
harmless the vendor, instead of the other way around. I
recently had a scenario where a vendor contract required the
vendor to provide staffing. In addition to the material terms,
the contract also required the association to indemnify the
vendor for any claims relating to the removal of the vendor’s
staff person at the request of the association. A staff person
was ultimately terminated by the vendor, and a dispute arose
as to the parties’ rights and responsibilities. The contract,
which had been drafted by the vendor, did not include
exclusions for instances where the vendor terminated the
Schneider Mitola
Co-op/Condo Specialists: Partners 2 Associates 5 Of Counsel 1
Paralegals 5 Board Clients: 100
person on its own. This is a major issue that most attorneys
would have corrected if provided with the opportunity to
revise the contract.
Another major issue relates to the protections that should be
afforded by vendor’s insurance. It is important that the proper
insurance coverage be in place and that the contract require
the association be named as an additional insured. If this does
not exist (and if there is not language requiring the vendor to
indemnify and hold the association harmless), the association
could be left defending a lawsuit stemming from the vendor’s
work. I have seen this occur many times.
In fact, in one instance, a person was allegedly injured
because of the work of a vendor. The person sued the
association. The association tried to require the vendor to
indemnify and defend the lawsuit. The court ultimately held
that since the contract between the association and the vendor
did not require the vendor to indemnify, defend, and hold
harmless the association, the vendor was not required to do
so. The association then had to defend the lawsuit, and the
settlement of the suit was ultimately paid out of its insurance
policy instead of the vendor’s.
The cost of an attorney to review, modify, and/or prepare
the contract is usually far less than the cost of the legal
fees when something goes wrong. In fact, the legal fees
associated with one lawsuit will probably far exceed the legal
fees incurred to have your counsel involved in all of your
contracts.
n
Stewart wurtzel
Principal
ONe-SIDeD AGReeMeNTS
ftentimes, a board will sign a contractor’s or vendor’s simple
contract, and the job ultimately results in litigation because there is
no clause in the agreement for termination, the contract is one-sided
in favor of the vendor, or other protections typically negotiated
for by counsel are not in the agreement. every job does not require a long,
formal contract, but rarely does the contractor’s work order provide sufficient
protection for the building. even on relatively inexpensive jobs, counsel’s
input should be sought. It does not matter if it’s only a $20,000 job; the cost of
litigation or the losses suffered because adequate protections and safeguards
were not obtained, will far exceed the relatively minimal legal fees incurred to
have an attorney review the contract.
n
THe uNexPeCTeD LIFe
Possible memoir title: “they want
You to Do what?”
MeRRY xMAS, PASS THe
eGGROLLS
an nYc tradition missed: spent
one christmas in amarillo, texas,
with family and despaired at the
absence of chinese food takeout,
which is the long-standing,
traditional christmas day meal for
so many new Yorkers.
Size: Partners 3 Associates 3 Paralegals 2 Co-op/Condo Specialists: Partners 3 Associates
3 Paralegals 2 Hourly Rates: Partners $360 Associates $175-275 Paralegals $125
Board Clients: 125 Location: NYC 95% LI 1% WC 4%
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We invest in
their
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It’s one of the most important things we do!!!
There were many factors in our developing a
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Please contact us to learn more.
Ira Meister, President • 127 East 59th Street, New York, NY 10022 • T: 212.699.8900 F: 212.699.8939
[email protected] • matthewadam.com
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Contracts
Steven Sladkus
Partner
WHO DOeS IT FAVOR?
t is highly recommended that an attorney review all
contracts between a cooperative or condominium
and a contractor who is retained to perform work in
that building. The contractual terms should include,
among others, a requirement that the contractor procure
liability insurance with acceptable limits naming the
cooperative, condominium, and their respective agents
as additional insureds; manufacturer’s, contractor’s, and
subcontractor’s warranties, paying particular attention to
Paralegals 3
Hourly Rates: Partners $380-505 Associates $360 Of Counsel
$395 Paralegals $195
the length of same and
BeCAuSe LIFe NeeDS A
the applicable exclusions,
LITTLe DRAMA
indemnification, and
can’t-miss tv: Breaking Bad
hold harmless clauses;
and The Walking Dead.
penalties for failing
to complete the work
He uSeS A 12-GAuGe
on time, and, in some
Favorite hobby: trap
cases, bonuses paid to
shooting.
a contractor for early
completion of the
work. Very often, these
agreements are drafted by the contractor or its attorney
with little input, if any, from the board itself, and as a
result are more favorable to the contractor. Therefore, it
is critical that the building consult with its own attorney
before executing.
n
Theresa racht
Partner
Racht & Taffae
ReVIeW OR ReGReT
o contract is too small or inconsequential for
attorney review. There are a number of contract
provisions that benefit from this, from the
obvious (such as the ability to easily terminate
the contract for non-performance) to the more esoteric
(such as jurisdiction and lien law compliance).
Often what is being signed is nothing more than a
purchase order that is missing key provisions needed
to protect the co-op/condo and to make sure the work
is completed as expected. Other times, contract forms
contain provisions disadvantageous to the co-op/condo,
such as establishing jurisdiction in another state. It is only
once a problem arises that the weaknesses of the contract
come to (inevitably costly) light.
A common example is the laundry room contract. Most
such contracts are considered “leases.” Therefore, they
must have a mortgage subordination provision. If they
don’t, a subordination and non-disturbance agreement
between the laundry company and the bank must be
negotiated, causing delays in closing and an increase in
Racht & Taffae
Size: Partners 2 Co-op/Condo Specialists: Partners 2
Hourly Rates: Partners $325-375 Board Clients: 37
Location: NYC 100%
closing legal fees.
SO SARI
The standard forms
most interesting trip: a textile
that you are asked to
and embroidery tour of gujarat
(including the Kutch district),
sign do not have this
india.
provision, and it is
LeFT IN STITCHeS
something I routinely
hobby: stitcher and designer of
require be added.
counted cross-stitch needlework
Another example
DOeS FRODO NeeD A
involves the standard
LAWYeR?
American Institute of
Film fave: The Lord of the Rings
Architects (AIA) form
trilogy, “for any and all reasons
of contract. The AIA
one can have.”
provisions for contract
termination in the event of a default by the contractor are
written for the benefit and protection of the contractor and
any supervising architect, not the co-op or condo. This
imbalance is something counsel will modify, so that should
you have to terminate the contract, you can do so quickly
and cleanly.
Asking counsel to review and revise the document
before signing is far more cost-effective than having him or
her resolve a problem during the work that could have been
avoided if appropriate provisions had been added to the
contract up front.
n
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EriEbers!
FR
ubsc
for S
Y
AD TODA
DOWNLO
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Discrimination
eric frizzell
Partner
THe LIABILITY GAMe
here are numerous areas in which condo/coop boards should obtain legal advice, and the
reasons why legal advice should be sought
can vary depending on the nature of the issue.
Some areas clearly warrant seeking counsel, such as
amendments to an association’s governing documents,
threatened litigation, and preparation of contracts.
So, the underlying question that a board should ask
itself is: what is the association’s potential exposure
to liability with regard to the particular issue under
Size: partners 8 Associates 3 Of Counsel 1 Paralegals 5
Co-op/Condo Specialists: Partners 8 Associates 3 Of Counsel
1 Paralegal 5 Board Clients: 165 Location: NJ 100%
consideration by the board? If the potential liability
is significant (e.g., entering into a major construction
project), detailed legal advice will be well warranted;
if the potential liability is minimal (e.g., entering into
a one-year, $2,000 lease for office equipment), the
attorney’s involvement is probably not needed.
It is also important to note, however, that there may
be situations in which a board does not even recognize
the potential liability to itself and the association.
For example, many boards are not aware of the huge
potential liability for wrongly denying a request for
a reasonable accommodation under disability laws.
Therefore, when in doubt on any given issue, the board
should ask the association’s legal counsel whether his/
her involvement is recommended.
n
Adam Leitman Bailey
Attorney
Adam Leitman Bailey
uNCOVeRING THe FAKeRS
iscrimination claims. A recent
appellate division decision held that
the Business Judgment Rule does
not protect individual condominium
and cooperative board members
from some personal tort liability.
New York’s public policy of not
permitting insurance coverage
against the intentional acts of the insured should raise
alarm, especially when combined with other recent
actions: the flood of frivolous claims of discrimination
by rejected purchasers, the increase in shareholders
demanding access to therapy pets for alleged depression,
and other similar issues. Despite a board’s good intentions,
an adverse judgment could financially harm a board
member and a building.
Qualified attorneys know the limits of the law. They can
help you avoid the worst pitfalls. In the case of therapy
dogs, for example, they can provide guidance on how to
separate those with real disabilities from others who are
trying to take advantage of the system.
We recently drafted a no pet policy and conditions for a
Adam Leitman Bailey
Paralegals 1 Location: NYC 95% LI 2.5% WC 2.5%
waiver for a number
of our buildings,
NeVeR, NeVeR, NeVeR GIVe uP
which included the
role models: winston churchill
following paragraph
for his leadership skills; and
to get around the
grandpa bob and grandma Paula
fakers:
for teaching fiscal responsibility
“Prior to
and how to make every day
occupancy in the
count.
building of any
I DON’T HAVe TO IMAGINe
service, therapy, or
actual memoir title: Finding the
emotional support
Uncommon Deal.
dog, the applicant
or shareholder/
resident shall submit to the lessor: (a) proof that any such
dog is duly licensed by the City of New York; and (b)
proof that the dog has received such vaccinations as are
required by law to be administered to the dog. Proof of
vaccinations shall also be submitted respecting any other
service, therapy, or emotional support animal for which
vaccinations are required by law. In the case of a service
dog, where the service it provides is not readily apparent,
the applicant or shareholder/resident shall also submit
proof that the dog has been issued a tag by the City of New
York indicating that the dog has been trained to perform a
task to assist a person with a disability.”
n
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Governance
david L. Berkey
Partner
PROTeCT YOuR OWN INTeReSTS
f boards adopt new policies, they should be certain that these do not
violate the provisions of governing documents. They should be applied
uniformly and not create different classes of shareholders or owners (for
example, subleasing or leasing rules should not differ depending upon
when an apartment was purchased).
A Local Law 11 building repair project may cost several hundred thousand
dollars, and should be documented with appropriate contracts and riders that
thoroughly protect the cooperative or condominium’s interests; provide for
adequate insurance protections and firm completion dates; and contain strong
incentives to have the project completed on time.
That’s where the attorneys come in. Those with many years of experience and
a wide client base can show a board what other buildings have done to alleviate
similar problems, and explain what solutions will work best.
n
THe THRILL IS IN THe COMPANY
ideal night out: a quiet dinner
with wife and family, followed by a
concert or play.
SNAP, CRACKLe, POP
most interesting trip: as a
10-year-old, visiting Kellogg’s
plant in battle creek, the Ford
motor company river rouge plant
in Detroit, and the museum of
Science and industry in chicago.
ReMeMBeR TO YeLL “FORe!”
Personal hobby: golf, “because
it’s a diversion.”
Co-op/Condo Specialists: Partners 5 Associates 9 Of Counsel 1 Paralegals 3 Hourly Rates: Partners $395-525
Associates $225-385 Of Counsel $350 Paralegals $175
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unlike our competition and has led to incredible client retention and customer
satisfaction. This personal attention has kept us proudly serving the
real estate community for all these years. Here’s to another 50!
Winner of 2012 Real Estate Board of New York (REBNY)
Award for “Excellence in Residential Management,
Longevity in the Field, and Commitment to the
Residential Management Community.”
MICHAEL J. WOLFE,
PRESIDENT
333 7th Avenue, 5th Floor,
NY, NY 10001
212.877.8500
www.midboro.com
www.habitatmag.com
Governance
YOu DOn’t neeD tO Be A
StORAGe ROOm expeRt
YOu juSt neeD tO CALL One.
We’ll turn your wasted space into a clean, secure, state-of-the-art storage
facility – for FREE.
We’ll handle the entire renovation process, from start to finish.
We’ll handle resident billing and customer service.
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geoffrey Mazel
Partner
Hankin & Mazel
GeTTING IT RIGHT
THe FIRST TIMe
ne particular area in the
operation of cooperatives is
often overlooked: corporate
governance. Simply put, it means
that the board is following the rules
that apply to how it functions and
how it makes binding decisions on
shareholders or unit-owners. Failure
to follow these regulations may result
in a decision that is unenforceable
And we’ll make it all seem so easy.
Call (212) BARGOLD / (718) 247-7000
www.BARGOLD.com
DO YOu DIG STeeLY DAN?
Favorite hobby: listening to good
music (preferably by old hippies
from the ’70s).
MuSIC + FOOD = BLISS
ideal night out: terrific concert
followed by great dinner.
HuMBLe IS GOOD
Proposed memoirs moniker:
“mazel – he was a Pretty good
guy.”
and subject to reversal if the
shareholders or unit-owners challenge
the decision in court.
Recently, I attended a meeting
of a co-op board where members
mentioned in passing that they
voted to pass an assessment at
a special meeting earlier in the
month. I was concerned because
such gatherings are subject to
the technical requirements in the
Business Corporation Law, which
requires the meeting notice to state
with specificity the purpose of the
meeting. Any items not listed in this
notice cannot be voted upon.
I then reviewed that notice and did
www.habitatmag.com
not find the assessment item listed.
I informed the board that it needed
to re-vote this issue in a regular
session or in a future special meeting
(this time including the proposed
assessment in the notice).
In this example, we were able to
catch this oversight, but boards really
need to keep their general counsel in
the loop so as to avoid any procedural
pitfalls in their operation.
n
Watching over you
for 35 years!
Hankin & Mazel
3 Paralegals 3
Associates 3 Of Counsel 3 Paralegals 3
$295 Of Counsel $350 Paralegals $125
LI 2%
david Byrne
Partner
Herrick, Feinstein
THe QueST FOR
ReCOVeRY
y seeking and relying
upon advice of
counsel, the building
will identify the
relevant and particular
information needed to maximize its
chances of successfully managing
Mamais
C o n s t r u c t i o n
RENOVATE • RESTORE • REMODEL
M A K I N G
P R O J E C T S
S I M P L E
YOu’LL HAVe TO CHOOSe ONe
Possible memoir titles: “teflon,”
“Second chances,” or “ay Yi Yi.”
THe PeOPLe WHO GeT eATeN,
FOR ONe
must-watch tv: The Walking Dead.
“who doesn’t love zombies?”
DON’T eAT THeM ALL AT ONCe
end-of-workday food: sushi, pasta,
popcorn, cheerios.
www.habitatmag.com
Governance
and recovering money unpaid to the co-op or condo. That board will then
be led by counsel in the search for the best strategy. All of this will enable
the co-op or condo to have a more successful recovery program for unpaid
maintenance fees and/or common charges, and to avoid legal fees and costs
connected with efforts that ultimately fail.
By way of example, a condo may have a delinquent unit, which may be
vacant and/or abandoned. Before undertaking any action, we focus our
clients’ efforts on providing information. When we learn that a delinquent
unit is abandoned, we often recommend a lien foreclosure and place the unit
into receivership. The rent received from this can offset accruing common
charges and address past-due amounts. Had we not focused the board on
identifying key information, and then developed a strategy based on it, the
condo may have used a more conventional collection approach that, in this
type of case, would have had almost no chance of success.
n
Herrick, Feinstein
Co-op/Condo Specialists: Partners 4 Associates 4 Of Counsel 2 Paralegals 7
Hourly Rates: Partners $315 Associates $250 Of Counsel $250 Paralegal $85
LI 5% WC 15% NJ 70%
C. Jaye Berger
Principal
POORLY DRAFTeD
DOCuMeNTS
big topic lately has been
changes to house rules
in condominiums. Many
boards obtain other condo
building documents through their
managing agents and try to save money
by using them and making some
changes themselves. If you do not know
whether the house rules and bylaws
came from a reliable source, all you
are doing is bootstrapping on to poorly
drafted and flawed house rules and
bylaws.
eLVIS HAD IT FIRST
Possible memoir title: “i Did it my
way.”
WHeN IRISH FILMS ARe
SMILING
Film fave: Once.
ReD GRAPeS ARe OuT
end-of-the-day food: green grapes.
Also, because the board members
are not co-op and condo lawyers,
they do not spot the contradictions
between what they are drafting and
the existing bylaws. They tend to
treat the house rules as though they
were the bylaws and add far too many
topics that do not really belong in
them.
For example, most buildings have
a section on pets. A building that
was using someone else’s house rules
adopted the term “domesticated
animals.” I pictured horses and cows
roaming the hallways and grazing
on the roof. Another building set up
a system like housing court within
the building where unit-owners
accused of violations would come for
a hearing. Many of these ideas do not
www.habitatmag.com
pass muster when they are brought
before judges in a lawsuit by a unitowner. It is best to work with an
attorney to come up with a list of the
concepts you want to have included
and allow the attorney to draft the
rules, then review them together with
all the comments in order to finalize
them.
n
Size: Partners 1 Paralegals 1
Paralegals 1
Hourly Rates: Partners Upon Request
richard klein
Partner
AMeNDING
DOCuMeNTS
CORReCTLY
o-op and condo boards
should get legal advice
when they want to make
changes to the house rules.
Often they will attempt to impose
penalties and fines, address certain
quality-of-life issues, or deal with
insurance questions, all in the house
rules. While these are all important
SHAKeN OR STIRReD?
way to unwind after work: at
favorite restaurant, Sidecar, on
third avenue and 55th Street,
with seafood, salad, and, of
course, a cocktail.
IT ALL MATTeRS
most interesting trip: israel,
because everything had historical,
religious, or political significance.
www.habitatmag.com
Governance
areas, often the changes may not be done by merely amending the house rules
by a vote of the board. Frequently, these issues need to be first addressed by
amending the proprietary lease, which typically requires at least a two-thirds
vote of the outstanding shares.
If a board does not follow the proper procedures, then a smart shareholder
may be able to stop it from enforcing a rule, and may also threaten to let all the
shareholders know, for example, that a sublet fee was improperly collected and
should be refunded to any shareholder who paid it. So it is important that a board
consult its attorney when adopting or amending its operative documents.
n
Size: Partners 1 Paralegals 1 Co-op/Condo Specialists: Partners 1 Paralegal 1 Hourly Rates:
Partners $400 Paralegals $250 Board Clients: 20 Location: NYC 85% LI 5% WC 10%
Blue Woods Management Group, Inc.
Providing our clients with smart, efficient, responsive management
Donald E. Wilson
president
212-645-7333 / 914-524-8600
BlueWoodsMgmt.com
Phyllis H. weisberg
Partner
Montgomery McCracken Walker &
Rhoads
THe POWeR TO
MAKe CHANGeS
board may
make a
seemingly
innocuous –
and certainly
well-intended –
change in house
rules without
consulting counsel. After all, it has
the authority to enact these rules, so
what could go wrong? The answer is
plenty.
House rules are intended to
amplify the proprietary lease (in
a condominium that would be the
bylaws) and deal with quality-of-
215 West 92nd Street
PROUDLY MANAGED SINCE 2001
IS THeRe ANYTHING eLSe?
DePT. (1)
ideal night: going fishing.
IS THeRe ANYTHING eLSe?
DePT. (2)
most interesting trip: bonefishing
in the bahamas and watching
the incredible life on the flat.
I GueSS NOT DePT.
Personal hobby: fishing.
life issues; they may not, however,
circumvent the amendment provisions
of the lease or the bylaws. If the
board enacts a house rule that
exceeds the permissible scope, a
determination that is not always
clear-cut, the board may find the rule
challenged as an illegal act.
For example, if the house rule
deals with a financial matter – such
as a late fee, a sublet fee, or a fine
for a breach of the rules – the board
may, in many if not most cases,
have exceeded its authority and
www.habitatmag.com
Phone 631-595-9100 Fax 631-595-1975
be confronted with a challenge.
This may not only have political
repercussions, but could lead to a
lawsuit at some future point seeking
to declare the house rule invalid and,
perhaps more significantly, to require
a refund of all sums paid under the
challenged house rule at any time
within six years prior to the date of
the lawsuit.
Had the board consulted with
counsel before embarking on this
course of action, it would have been
advised that for a sublet fee to be
enforceable, the power to impose it
must be contained in the proprietary
lease; and that for a late fee or
fines for breaches of the rules to be
enforceable, the power to impose
the same must be in the lease, or, in
the case of a condominium, in the
bylaws. While boards are always
eager to control costs, they should
understand that when dealing
with matters relating to corporate
governance and house rule changes,
counsel should be utilized as an
adviser whose job is to prevent
trouble before it happens. And in so
doing, the board may actually find
that it saves money in the long run. n
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Paralegals $175 Board Clients: 100
Location: NYC 98% LI 1% WC 1%
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_Hercules_(C)_0513.indd 1
9/26/13 11:
Lawyering
Michael T. Manzi
Partner
COuNSeL IN THe LOOP
oards should seek advice of counsel
when faced with a troublesome
shareholder or unit-owner. Some boards
take an aggressive stance from the
outset while others prefer to start with a softer
approach. Although both approaches may operate
within the boundaries of the law and the building’s
governing documents, they involve different
tactics. Furthermore, if we are aware through
previous interaction that a particular owner has a
history of misbehavior, we are better able to give
advice in the context of that history.
There is a natural, and understandable,
reluctance to contact counsel since most boards
want to avoid unnecessary expenses. As a
consequence, some of them avoid seeking help
when they should and simply rely on advice
from their managing agents or perhaps lawyerboard members who do not specialize in co-op
law. Generally speaking, this is a mistake and,
in our experience, can often lead to unintended
consequences; boards take positions, usually
with the best of intentions, that cannot be legally
supported. Checking with
CAN YOu SING-A-LONG WITH
counsel normally involves
FIGARO?
ideal night out: going to the opera
limited time and limited
(nYco riP).
expense. Often, this is
the most cost-effective
LOVeD IT
best trip: Sicily, because of “rich
part of the lawyer/client
history, magnificent ruins, and
relationship.
terrific food.”
When they consult us
DON’T TRY THIS AT HOMe
regularly, even if briefly, we
Fave film: alfred hitchcock’s Rear
can render better advice. To
Window, “because it’s a very
a remarkable degree, every
personal statement about his art
building has its own culture,
and is great entertainment.”
with its own priorities and
style of doing things. With
sufficient interaction, we get to know our clients
and give advice that is tailored to their preferred
way of operating.
n
Board Clients: 104
robert d. Tierman
Partner
Litwin & Tierman, and Salon Marrow
GeTTING A SeCOND OPINION
oards are not monolithic in their decisionmaking; it is quite common for them to
have one or more members whose positions
differ from those of the majority. Those
minority members often need legal advice
and cannot rely on the board’s regular attorney (they may
be barred from having direct contact with the attorney
ostensibly to minimize charges or to comply with a
retainer arrangement). They also may be concerned that
the attorney will not objectively render advice that diverges
from the mainstream board opinion, or will report their
communications to the majority.
I recently counseled a board member of a large co-op
who was attempting to decide whether he should vote for,
and cooperate with, an investigation into the disclosure of
allegedly confidential information. especially because he
believed that the board president was targeting him in order
to get him removed for other reasons, my client did not feel
comfortable relying on the co-op’s regular attorney, who had
a long-standing working
OBSeSSIVe HABIT
relationship with the
must-watch tv: PbS’s Last
president.
Tango in Halifax.
An extensive e-mail
THOSe WeRe THe DAYS
debate ensued among my
in first law firm job, spent
five weeks off traveling
client, the president, and
to Japan, hong Kong,
other board members,
thailand, india, London,
with the co-op’s attorney
and Paris.
largely supporting the
president. The members
vacillated but ultimately
succumbed to pressure from the president and voted
for the (expensive) investigation, and later to conduct a
shareholder vote to remove my client. When shareholders
were informed of the vote, they revolted and instead voted
out of office the long-standing president and some of his
cohorts.
If the board members other than the president and
my client had consulted with an independent attorney,
www.habitatmag.com
they very well might have decided
to vote with my client against the
investigation. The president lost in
the end anyway, but in most cases,
that does not occur, so (especially
on critical matters) it would be wise
for minority board members to have
access to truly independent legal
advice. This might seem impractical
in many cases, but the value of wellinformed decision-making often will
far exceed the cost of the additional
advice. A truly upstanding president
and board majority should have
nothing to fear from exposing their
proposals to the light of a second
opinion.
n
Litwin & Tierman and Salon,
Marrow, Dyckman, Newman &
Broudy
Partners 1 Associates 1 Of Counsel 1
Paralegals 1 Hourly Rates: Partners
$350-450 Associates $225 Of Counsel
$350-450 Paralegals $75 Board Clients:
32 Location: NYC 95% NJ 5%
www.habitatmag.com
Lawyering
Stuart Saft
Partner
Holland & Knight
ISSueS TO CALL ABOuT
oards should seek legal advice (a) whenever they are about
to reject a purchaser to make certain that they are not
unintentionally discriminating; (b) on any contract for a term
greater than one year or for more than $5,000 to make certain
there are no unpleasant surprises (such as automatic renewals);
(c) any time there is a proxy fight; (d) whenever they receive letters from
shareholders’ or unit-owners’ lawyers; (e) if a co-op’s proprietary lease and
bylaws have not been reviewed in more than five years in order to ascertain
it is still in compliance with applicable laws, decisions, and rules, or (f) if
they receive notices from any city, state, or federal agency indicating that
they are in violation of any laws, rules, or regulations.
n
WHO’S ON FIRST?
must-obsess-over tv: Doctor Who, the
british sci-fi tv series that began in
1963. “i cannot describe the basis
for my fascination with the series, but
i never miss it.”
JeT LAG DOeS GO AWAY
most demanding trip: to Paris on
Saturday evening, had meeting
9 a.m. monday, to Frankfurt for
meeting at 4 P.m., then London
meeting on tuesday, on to milan for a
dinner meeting tuesday night.
Holland & Knight
Hourly Rates: Partners $600-750 Associates $275-500 Paralegals $190-225 Board Clients: 97 Location: NYC 100%
dean M. roberts
Partner
PeNNY-WISe PeOPLe
rthur Gussaroff, the late managing
partner of our firm, had a good story.
He said there were two types of clients
– those that call you before they do
things and those that call you after they
have to do things – and that the latter
tended to pay dearly for that mistake.
A good example of this would be two of our cooperative
clients that had similar difficulties with their managing
agents, but who dealt with them in very different ways. In
both co-ops, the boards continued to have ever-increasing
difficulties with the site managers and their managing
companies.
One board requested a meeting with counsel without
management present to discuss the issue, and expressed
its concerns. They asked us to review the facts as well
as the contractual obligations of the respective parties
and to report back to them. Based on this review, it was
agreed that a memorandum would be prepared detailing
the board’s issues and requesting that the managing agent
propose solutions. This resulted in a meeting between the
managing agent’s principal owners and the board, and a
full and frank discussion that not only resolved the existing
problems but also
created a far better
DON’T KILL ALL LAWYeRS
relationship.
role models: fictional attorney
The other
atticus Finch (To Kill a
board had serious
Mockingbird) and real-life lawyer
complaints both
arthur gussaroff.
with its on-site
MY STORY
manager and
Possible memoir title: “a Life well
its management
misspent.”
company, but
felt that this
was an issue of
management and
not a legal issue and therefore should not include counsel.
The board, through various members, complained to the
management company about the on-site manager and the
overall performance of the firm. These complaints tended
to be of a more personal nature and were not presented in a
clear or concise format; they did little to resolve issues and
inflamed passions on both sides.
In the end, the board elected to hire a new managing
company, but it was done without legal review or input
until well into the process. There was a difficult and
www.habitatmag.com
unpleasant transition from the old
managing agent to the new one,
which resulted not only in serious
disruption to the cooperative’s
operation, but also in litigation
between the cooperative and its
prior managing agent. It is good to
remember the old adage about pennywise people.
n
Associates $215-350 Paralegals $135175 Board Clients: 120+
Marc A. Landis
Partner
Phillips Nizer
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440 Ninth Avenue 15th Floor New York, NY 10001 | 212.560.6400
A STRATeGIC
PARTNeRSHIP
egal advisors should
be viewed by co-op
and condo boards as
strategic partners,
particularly when
the decision (or even
the failure to decide)
may cause the building to incur
significant financial, operational,
or other consequences. Frequently,
well-intentioned boards will seek
to accomplish a project – perhaps
replacing the roof, revising the
bylaws, updating a sublet policy,
implementing a flip tax, or imposing a
special assessment. Any of these may
be a worthy goal, but could result
in permitting issues, contractual
violations, municipal fines, or
shareholder litigation. The proverbial
ounce of prevention in the form of
consultation with legal counsel will
www.habitatmag.com
Lawyering
Professional
Results
In
Daily
Endeavors
enable a board to identify potential
pitfalls in advance, and develop a
road map to complete the project
while minimizing exposure to risks.n
Phillips Nizer
Co-op/Condo Specialists: Partners 2 Of
$350-400 Paralegal $240
LI 4% NJ 4%
Litigation
Strong, Reliable, Hands-on Property Management
For Pride in ownership, call (212) 690-0800
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PRIDE
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Pride Property Management, Corp.
708 Third Avenue, New York, NY 10017
212-690-0800 • Fax 212-690-1186
11 New Street, Englewood Cliffs, NJ 07632
201-567-2150 • Fax 201-567-1960
www.pridepropertymanagement.com
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inding a fair way to allocate electricity costs in
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Quadlogic will help you untangle the regulations, so you can receive the
incentive payment faster. What’s more, we offer Reading & Billing Services,
so you don’t have to. Result: your building saves by conserving electricity,
and you are saved from the hassles of managing it.
Call today and ask for Eric Jacobson. It’s that easy!
(212) 930-9300
[email protected]
www.quadlogic.com
Bruce A. Cholst
Partner
Be PROACTIVe
he occasion that most
clearly merits a board’s
consulting with counsel
is right before the board
announces a controversial
policy or decision adversely affecting
individual residents. Any such action is
likely to invite legal challenge.
Prior consultation with counsel
should uncover any flaws in the board’s
legal position, thereby averting an
embarrassing (and costly) defeat in
court or an unfavorable settlement.
The real-life example that most clearly
comes to mind is a condominium
board’s exercise of its right of first
refusal to vitiate the sale of an
apartment by one unit-owner to his
neighbor. The board’s actions were for
the avowed purpose of allowing one
of its member’s relatives to acquire
the apartment. The purchaser sued
the board to void its refusal and stop
its intended resale of the apartment
to a board member’s relative. After
costly litigation, which infuriated the
entire condominium community and
resulted in removal of six of the seven
www.habitatmag.com
Litigation
New York Through and Through
board members, the court issued a
preliminary injunction. ultimately, the
case was settled in favor of the original
purchaser.
Had counsel been consulted in
We are New York. We grew up in the shadow of the Brooklyn Bridge, Shea Stadium and the Empire State Building.
Now we’ve branched out to all five boroughs and Long Island providing superior property administration services.
As third generation property managers since the 1940’s, we know what it takes to satisfy our boards and residents.
Carlton Management offers its clients:
THe PAReNT TRAP (NOT)
ideal night out: a quiet dinner with
my 25-year-old twin daughters.
ADMIRABLe TRAITS
Film fave: The Right Stuff
highlights commitment to
excellence, team work, and
perseverance.
advance of the board’s action, he
would no doubt have warned that its
exercise of the right of first refusal
for this purpose was a breach of its
fiduciary duty and, therefore, an
injunction would be granted because
the board was using its power to favor
one of its own members at the expense
of a fellow unit-owner.
Counsel should be consulted
whenever a board is considering
action that could result in legal risk.
Such proactive use of counsel will
not always avoid litigation but will
certainly put the board in a better
position to preserve its rights or to
defend against any claim.
Boards should obtain legal advice
before signing any contract, entering
into any transaction, or responding to
any lawsuit.
n
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“UNCOMMON EXCELLENCE”
250 Park Avenue, 7th Floor, New York, NY 10177
Office: 212-867-5220
www.kanecpas.com
1 Paralegals 3
Associates $225-350 Of Counsel $425
Paralegals $125-150 Board Clients: 200
Location: NYC 95% LI 5%
The firm’s managing director, Monte Kane, co-authored the AICPA Audit and
Accounting Guide for CIRAs, covering Cooperatives and Condominiums
[email protected] or [email protected]
www.habitatmag.com
Litigation
Andrew Brucker
Partner
Schechter & Brucker
WHeN IN DOuBT, ASK THe LAWYeR
nfortunately, we live in a very litigious society. More often than not, decisions
are made on a daily basis by the board of a cooperative or a condominium that
might result in a dispute. These often result in lawsuits that may be very costly
to the housing company, and perhaps even to the board member personally.
Perhaps the most common illustration of this involves the co-op’s right to reject a
purchaser. Without even realizing it, the board may reject someone who might then
have a claim for discrimination. For example, a board member may want diversity
among shareholders, and state at a board meeting that the applicant should be rejected
because there are too many middle-aged single women in the building. While diversity
is fine, rejecting someone because of his or her age, or marital status, or gender is
illegal. When in doubt, ask the lawyer.
The Business Corporation Law provides that a director must perform his/her duties
in good faith, and with a degree of care that an ordinarily prudent person in a like
position would use. It further provides that in performing his/her duties, a director is
entitled to rely on the opinions of counsel. Therefore, the housing company’s attorney
acts as insurance against any complaint that the director acted in bad faith or illegally.
Any complaining shareholder or unit-owner would be hard pressed to claim a board
did something improper or acted in bad faith if the co-op’s counsel was consulted and
gave his/her opinion that the decision was proper.
n
MY DAD, THe HeRO
role model: his father, “quietly
heroic, doing his job without
the need for accolades and
without complaint, but doing it
very well. Facing adversity, yet
forging ahead.”
DON’T KNOCK
YOuRSeLF OuT
Possible memoir title: “trying
hard at Life.”
BuT IT STICKS IN YOuR
MOuTH
Food i could not survive
without: peanut butter and
jelly.
Schechter & Brucker
Size: Partners 3 Associates 6 Paralegals 4 Co-op/Condo Specialists: Partners 3 Associates 6
Paralegals 4 Hourly Rates: Partners $400-470 Associates $250-360 Paralegals $125-135 Board
Clients: 195 Location: NYC 96% LI 2% WC 2%
Steven Troup
Partner
Be ON TIMe WITH NOTIFICATIONS
f it becomes known to the association – by a board member, managing
agent, or perhaps even a building employee – that a unit-owner or third party
is or may be making a claim against the association for monetary damages
(e.g., as a result of a water leak or a sidewalk defect), the association’s
liability insurance carrier may take the position that these facts constitute
a notice of occurrence of an event that may trigger liability by the association for
which insurance coverage may be available to defend the claim and even pay the
claim.
If, however, after receipt of knowledge of those facts the association does not
give notice of same to its insurance carrier, the carrier may later take the position
that such failure to notify constitutes a breach of the insured’s obligation to report
occurrences that may result in damages, and disclaim coverage. This could be
disastrous for the association, which might then have to retain counsel to defend
a lawsuit at its own expense and, if the court finds against the association, be
responsible for payment of whatever damages are awarded.
n
TI KANIS
can’t-miss meal: greek
cuisine, because it is
exquisite, so fresh, and so so
healthy.
THeM DRY BONeS
most interesting trip: a visit
to namibia, “because the
Skeleton coast was almost
completely deserted, beautiful,
and ancient.”
Size: Partners 26 Associates 13 Of Counsel 2 Paralegals 9 Co-op/Condo Specialists: Partners 2
Associates 2 Of Counsel 1 Paralegals 1 Hourly Rates: Partners $450-535 Associates $330-415
Of Counsel $375-425 Paralegal $150-200 Board Clients: 60 Location: NYC 100%
www.habitatmag.com
Owners
elliott Meisel
Partner
Brill & Meisel
A COLLeCTION OF
CONCeRNS
ne of the areas that co-op
boards seem to need the
guidance of experienced
counsel is in dealing with
the conflicting desires of long-term
versus new tenant-shareholders. This
is less of a problem for condo boards
as condos are often new construction
and having become popular much
more recently than co-ops have fewer
long-term owners.
THAT’S LIFe
Possible memoir title: “Seeking
harmony in a noisy environment.”
See ANY DRuIDS?
most interesting aspect of a
trip to europe: staying overnight
at Stonehenge on the night of
summer solstice.
Long-term co-op shareholders
often acquired their apartments
many years ago at prices that may
have seemed high at the time but
are a small fraction of their current
value. Many of them have now
reached a stage of life where, despite
significant appreciation in the value
of their apartments, they’re living
on fixed or otherwise diminished
incomes. On the other hand, newer
shareholders have recently paid very
high prices for apartments that may
not have been painted, let alone
renovated, in many years. They’re
often in their peak earning years and
willing to spend a great deal, not only
renovating their apartments, but also
wanting to update lobbies, hallways,
elevators, and windows, and to install
www.habitatmag.com
Making a Difference.
Every Day.
As New York’s residential property management leader,
we know what it takes to create great communities that
residents are proud to call home.
Our full-service solutions and exceptional customer service
add value and enhance the quality of life for the properties
and residents we serve. Exclusive services, like our FS
Energy Aggregation Purchasing program, saved our clients
over $6.3 million in energy costs in just two years.
How may we serve you? Contact us today.
Dan Wurtzel, President, Property Management
Tel 212.634.8904
Email [email protected]
Web www.fsresidential.com
The only New York City management company offering 24/7 live Customer Care
Owners
ROBERT CANE ARCHITECT PLLC
5 3 6 W e s t 111 t h s t r e e t
NeW YOrK
NeW YOrK
10025
designer of distinctive new york lobbies
new amenities such as health clubs,
playrooms, and recreational roof
areas.
experienced counsel can guide
boards to reasonable compromises in
determining how many and how long
individual renovations can go on; how
much to spend on any upgrades and
amenities; and how to structure their
financing through a combination of
maintenance increases, assessments,
mortgage refinancings, credit lines,
adopting or increasing capital
contributions upon sales of units, and
utilizing reserves with the objective
of protecting the quality of life and
financial stability of the long-term
residents while allowing new owners
to realize the potential of their new
homes.
n
Brill & Meisel
1 Paralegals 2
Hourly Rates: Partners $550, $425
Associates $375, $275 Paralegals $145
Visit our website at: www.cane-architects.com
212 •769•9605 [email protected]
Habitat Ad #6
We would welcome your inquiry.
To learn how AKAM Associates can be
of service to your building, please contact
President Michael Berenson, 212-271-0318,
PLLC
[email protected].
Robert Cane Architect
251 West 95th Street Lobby
(1/3 Square, Non-Bleed)
January 30, 2012
The enduring name in
New York Residential
Management
Celebrating 30 years of award-winning
service to New York’s co-op, condo,
and condop community.
2013 Management Company of the Year
New York Building Managers Association
260 Madison Avenue
12th Floor
New York, NY 10016
Phone: 212.986.0001
Fax: 212.986.0002
www.akam.com
www.habitatmag.com
ronald A. Sher
Partner
Himmelfarb & Sher
AN eSTATePLANNING
PRIMeR
state-planning primer: do
you know what type of
owner you are? The answer
can spare you headaches.
Boards should contact shareholders/
unit-owners to facilitate the review
of their stock certificates and
proprietary leases or their deeds to
determine the specific type of title
ownership that is designated. This
is a simple task and needs to be
performed now, because many who
purchased their apartments before
January 1, 1996 may be under the
mistaken impression or unfortunate
misconception that they own their
respective cooperative units, without
the proper title designation, of
either (i) joint tenants with rights of
MOST TASTY MeAL
Katz’s Deli pastrami sandwich.
YOu MuST ReMeMBeR THIS
Film fave: Casablanca.
BuT DON’T YOu MISS THe RAIN?
trip i really liked: a visit to sunny
Puerto rico.
survivorship (JTWRS); or (ii) tenants
by the entirety (TeN eNTS). These
two designations permit married
couples to pass their respective
ownership interest in the apartment
by operation of law, both without the
need for probate and with certain
inherent protections from creditors of
the decedent.
We are constantly faced with
the problem that either the people
involved in these situations (a) are
JMPB ENTERPRISES
unaware or uninformed, (b) did not
make the necessary inquiry, and/
or (c) incorrectly presumed the type
of ownership. They never realized
the significance of date of purchase
or simply did not look at the stock
certificate before the closing. We
require that all sellers submit the
same in advance of a closing, so that
we can ensure the enabling power
of the surviving spouse to sign the
transfer documents and validity of the
transfer or sale.
We have found that many
shareholders and unit-owners who
purchased their apartments before
1996 – when the law changed the
presumption of ownership in favor
of marriage or married persons –
are unaware of how they hold title
or simply presume they have rights
of survivorship and title passed
by operation of law at the time of
death of their decedent spouse.
Accordingly, any married couple that
purchased after January 1, 1996, in
the absence of a title designation, is
presumed to hold title as JTWRS,
EXPERIENCE
JMPB completes 20 hallway &
lobby projects a year and this
experience has refined our approach
to the industry.
A SPECIALIZED APPROACH
Our expert management team steers
a dedicated work force that is
trained specifically for hallway &
lobby projects.
EXTENSIVE SERVICES
With an in-house staff that includes
the finest craftsmen our client’s
imagination is the only limit to the
installations we perform.
OUR GUARANTEE
JMPB offers the most
comprehensive warrantee package
in the industry. Our finishes not
only look great they last.
Call us today for a concept meeting and/or a budget proposal.
Phone 212 371 2222 • [email protected] • www.jmpbenterprises.com
www.habitatmag.com
IMPECCABLE REFERENCES
JMPB has completed projects in
every neighborhood in the New
York City. We offer site visits at the
client’s convenience and references
upon request.
Owners
TeN eNT, or as husband and wife, with all rights of survivorship benefits
Himmelfarb & Sher
and protection from creditors.
Counsel 8 Paralegal 6
What should a board do to help shareholders and unit-owners obtain
Co-op/Condo Specialists: Partners
peace of mind? First, send a letter to all owners suggesting that they look
2 Associates 1 Of Counsel 4
at their stock certificate or deed, especially if they acquired the apartment
Paralegals 5 Hourly Rates: Partners
prior to 1996, to determine if the correct title designation appears on the
$350-400 Associates $250-275 Of
Counsel $300-350 Paralegals $50shares of stock or deed for JTWRS, TeN eNT, or H&W. Then, recommend
65 Board Clients: 75 Location: NYC
they check with their personal or estate lawyer, transfer agent, or managing
40% WC 60%
agent to ascertain the proper procedure to change the title designation. This
simple exercise can save you time, avoid the necessity to probate, and avert
unnecessary legal expenses, especially if both spouses are still alive and can
facilitate the expeditious appointment of an executor.
n
It’s a Quality of Life...and a Lifetime of Quality
Experience the Fairfield Advantage:
Linda Plotnicki
Partner
GAINING ACCeSS
• Premium Property Management
• Insurance
• Mortgage
• Sales and Leasing
• Management That Pays For Itself
Fairfield Property Services
www.fairfieldproperties.com
Alvin Wasserman, Director
[email protected]
718-659-6477 516-482-4934 631-499-6660 Ext. 229
hen a shareholder/
unit-owner living
alone has either died or
become incompetent
or significantly incapacitated,
and is no longer residing in the
apartment, what should you do?
Boards are occasionally faced with
requests for access to the apartment
by a person claiming to be a close
WOLF HALDENSTEIN ADLER
FREEMAN & HERZ LLP
Creative and Practical
Legal Advice for
Cooperative and
Condominium Boards
Founded in 1888, we provide
comprehensive, timely and
cost-effective counsel.
JEFFREY S. REICH
212.545.4620
[email protected]
MARIA I. BELTRANI
212.545.4674
[email protected]
JEFFREY M. SCHWARTZ
212.545.4678
[email protected]
STEVEN D. SLADKUS
212.545.4700
[email protected]
LISA A. SMITH
212.545.4603
[email protected]
270 Madison Avenue
New York, NY 10016
phone: 212.545.4600
fax: 212.686.0114
www.whafh.com
www.habitatmag.com
relative, boyfriend, girlfriend, or
legal representative of the owner.
Often, when this person is known to
building staff or management, the
inclination may be to provide such
access. However, legal advice should
be sought in this situation.
Where there is a death, no one
should be permitted in the apartment
except for a duly authorized executor
or administrator of an estate, or a
person to whom an emergency order
granting access has been issued by a
court. The board is hardly in a position
ANY PARTICuLAR MOVIe?
ideal night out: movie at the
angelika and then oysters at the
bar at aqua grill in Soho.
HOT TIMeS
most interesting trip: between
college and law school, living
and traveling in South america,
primarily bolivia, but also Peru,
argentina, and brazil.
to know if there will be competing
claims to an estate, and granting
access to unauthorized persons could
embroil it in such a dispute. In the
case of the incapacity or incompetence
of the owner, only a person who has
legal authority to act on behalf of the
owner, either by court order or a valid
power of attorney (which must be
reviewed for legal sufficiency in the
circumstance), should be given such
permission. If access is provided to a
person who is not so authorized, the
board may be exposed to liability for
such things as theft or unauthorized
removal of items from the apartment
(including possible claims relating to
the destruction of a will), damage to
the apartment or property, or trespass.
n
retro
to the
Future!
Retro-commissioning, that is.
New York City Local Law 87/09 takes
effect this year, requiring properties
50,000 square feet or larger to have
an energy audit conducted followed by
retro-commissioning—adjusting and
maintaining building systems for better
operating efficiency. That adds up to
greater energy savings, now and
for years to come.
Buildings with block numbers ending in 3 have
to file an Energy Efficiency Report with the city
by December 31, 2013; those ending in 4 must
file by the end of 2014, and so on. The audit,
retro-commissioning, and filing process can take
a year or more, so now is the time to start.
To get on track for Local Law 87/09 compliance, contact
RAND at 212-675-8844; [email protected]. Because when
it comes to going retro, the future is now.
Associates 2 Hourly Rates: Partners
$400 Associates $295 Board Clients: 75
Location: NYC 100%
www.habitatmag.com
Owners
Academy Mail Box Co., Inc.
Academy Intercom Co., Inc.
Academy Engravers, LLC
kenneth r. Jacobs
Partner
THe LIMITS OF
POWeR
Specializing in Apartment House Security Since 1948
Ask how
Academy
▪ Custom / Standard Mail Boxes
can save you time
and money!
▪ Entry Security Intercoms
▪ Access Control
(718) 539-1000
▪ Engravings
www.academymailbox.com
www.academyintercom.com
www.academyengravers.com
▪ CCTV
120-10 15th Ave., Queens, NY 11356
AUTHORIZED
DEALER
www.aiphone.com
www.auth-florence.com
Featuring the GT Series, an
entry security intercom ideal
for apartment and office
buildings. Mix and match
modular components to
customize entrance panels or
choose ready-made options!
WC7250_NY HABITAT_COLOR:WC5393D.NY COOP MAG AD
9/20/11
Academy Mailbox Ad_4.5 x 4.75.indd 1
3:22 PM
Page
ll boards have a natural
tendency to protect the
majority of their owners from
the risky or disturbing activities of
a few whose behavior may not fit
the expectations of the community.
However, evolving interpretations of
state and federal laws grant additional
protections to many of these persons,
especially older and disabled
residents, as well as families with
children. Government and advocacy
groups have also increased members’
awareness of their rights, forcing
boards to adjust.
Boards need to verify whether
they have the right to take action
that could potentially restrain, deny,
or exclude persons from enjoying
individual rights. For example, we
1
have
recently been consulted as
12/15/2011 8:37:28 AM
TENANT STORAGE SOLUTIONS
SINGLE &
DOUBLETIER
TENANT
LOCKERS
AND BIKE
RACKS
CONTACT
WOVEN WIRE LOCKERS
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Easy content inspection
Single or double tier
Industrial grade construction
Installation service available
Local representatives
Solid 16-gauge sheet metal lockers
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Serving The New York Area
For Over 20 Years
800-626-1816
e y www.wirecrafters.com
THE BIKE STACKER®
• Staggered, formed bike trays hold any
style bike upright
• Tear drop tire slot (pat. pending)
• Made of 1/8” steel angle and 14-gauge
steel formed channel.
• Ideal for residential, institutional and
commercial use.
THE WALL RIDER®
• Heavy-duty 11-gauge steel.
• Vinyl sleeve protects wheel rim
• Easily installs...two 1/2” round holes
for wall mounting.
• Ideal for residential, institutional
and commercial use
• Includes security cable
NEW YOORURK
OFFICE
800-6
26-1816
®
www.habitatmag.com
to whether (a) a corporation can
compel a shareholder to evict a
mentally disabled subtenant who
has engaged in threatening and
aggressive behavior, but who was
placed in the apartment under a
VISITING ANOTHeR WORLD
most interesting trip: 1971
multi-month visit to moscow and
Leningrad (said one catholic
student: “at the university, i’m a
Scientific atheist. after i graduate,
we’ll see.”)
BRIDGe TO NOWHeRe
(BuT FuN)
hobby: tournament bridge, which i
started playing at 19.
New York City program to help the
disabled; (b) an owner claiming
depression has the right to designate
a Rottweiler as his emotional
support pet despite weight and breed
limitations in the house rules; and
(c) a condominium can bar children
from using its swimming pool after
8 P.M. so that adults can swim laps.
The answers may surprise you.
If a shareholder, unit-owner, or
tenant engages in an activity that
appears to impinge on the rights of
others or violate the house rules,
boards should consider checking
with their lawyer to confirm how far
it can go to control that behavior.
The board may have practical as
well as legal limitations that will
force you to consider alternative
courses of action.
n
Partners 4 Associates 4 Paralegals 4
Associates $225-375 Paralegals $100
Board Clients: 275 Location: NYC 65% LI
1% WC 34%
www.habitatmag.com
llp
Stephen M. Lasser, Esq.
212-885-8814
[email protected]
www.bartonesq.com
• Sponsor disputes
• Common charge arrears
• Corporate governance
• Election disputes
• Mortgages and loans
• Landlord-tenant litigation
• Worker’s Comp. fines
Representing cooperatives, condominiums
and homeowners associations throughout the
five boroughs and surrounding counties.
legal counsel to the co-op and condo community
Robert J. Braverman
Scott S. Greenspun
Jonathan Kolbrener
Rachel M. Kleiman
Andreas E. Theodosiou
Tracy Peterson
Kelly Ringston
Lauren Piechocki
Steven R. Goldstein
Ruben Ravago
Manu Davidson
Drew Pakett
331 Madison Avenue
New York, NY 10017
(212) 682-2900
www.braverlaw.net
Brill & Meisel
845 Third Avenue
New York, NY 10022
Tel 212-753-5599
Fax 212-486-6587
The 2013
Attorney
Showcase
LAW OFFICES
C. Jaye Berger
General Representation of
Co-ops and Condominiums
Co-op and Condo Law
Building Construction Law
Contract Drafting and Review
Mechanic’s Liens
Real Estate Transactions and Leases
Litigation in State and Federal Courts
Elliott Meisel
Allen H. Brill
Mark N. Axinn
Christopher S. Aldridge
110 East 59th Street
22nd Floor
New York, New York 10022
tel: (212) 753-2080
[email protected]
www.habitatmag.com
GANFER &
SHORE, LLP
Concentrating in Cooperative,
Condominium and
Real Estate Law
and
General Commercial Litigation
360 Lexington Avenue
New York, New York 10017
(212) 922-9250
fax (212) 922-9335
email
[email protected].
GanferShore.com
HANKIN & MAZEL, PLLC
Attorneys at Law
ATTORNEYS AND COUNSELORS AT LAW
Proud to provide personal legal
services to co-ops and condos,
large and small, for over 25 years.
Mark Hankin
[email protected]
Partner
Geoffrey R. Mazel
[email protected]
Partner
NYC OFFICE
LONG ISLAND OFFICE
7 Penn Plaza, Suite 1602
New York, NY 10001
212-349-1668
60 Cutter Mill Rd. Ste 505
Great Neck, NY 11021
516-499-5803
www.HankinMazel.com
White Plains Plaza
One North Broadway
Suite 800
White Plains, NY 10601
WE LISTEN. WE NAVIGATE. WE ADVOCATE.
Tel: (914) 682-0040
Fax: (914) 682-0387
[email protected]
www.himmelfarb-sher.com
COOPERATIVE AND CONDOMINIUM LAW
Ronald A. Sher, Esq.
Norman D. Himmelfarb, Esq.
Kagan Lubic Lepper
FinKeLstein & goLd, LLp
200 Madison Avenue, 24th Floor
New York, NY 10016
telephone (212) 252-0300
fax (212) 779-7295
www.kll-law.com
• General Counsel
• Residential and Commercial Real Estate
• Real Estate and Commercial Litigation
• Commmercial, Corporate and Business Law
• Mitchell-Lama Housing
• Enviromental and Green Law
Jack Lepper
Ronald Gold
Adam Finkelstein
Fran Lawless
Peter Zlotnick
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Racht & Taffae, LLP
A long and illustrious history
working with housing developments
Cooperative & Condominium Law Group
Ezra N. Goodman
Burt Allen Solomon
Michael T. Reilly
Dean M. Roberts
Karol S. Robinson
Danielle M. Wanglien
875 Third Avenue • 8th Floor • New York, NY 10022
t: 212-808-0700 • f: 212-808-0844 • e: [email protected]
www.nmmlaw.com
www.habitatmag.com
156 West 56th Street, New York, NY
www.pbnlaw.com • 212.265.6888
Commercial, Corporate, and Real Estate
Litigation • Real Estate Leases and
Landlord-Tenant Disputes • Residential
and Commercial Real Estate • Refinancing
and Mortgage Workouts • Bankruptcy
Proceedings • Corporate, Commercial,
and Business Law • Hospitality Law
Internet Defamation • Loft Law Matters
Steve R. Wagner
[email protected]
The representation of
cooperatives and
condominiums.
Theresa Racht, Esq.
[email protected]
Alfred M. Taffae, Esq.
[email protected]
7 Penn Plaza, Suite 1602
New York, NY 10001
telephone: 212-681-8925
facsimile: 212-681-8928
Attorneys specializing
in cooperative and
condominium board
representation since 1972
Rosen
Livingston &
Cholst LLP
legal guidance
resourceful
solutions
Bruce A. Cholst, Partner
Serving NYC and Long Island
275 Madison Avenue - Suite 500
New York, NY 10016
212-687-7770x 249
Long Island:
www.rosenlivingston.com
Smith,
Buss
& Jacobs LLP
• Co-op/Condo Counsel
• Mortgages & Leases
• Arrears - Landlord/Tenant Law
• Litigation
• Contracts & Negotiations
• Human Rights Law Issues
contact : kenneth r . jacobs
nyc
westchester
(212) 688-2400
(914) 476-0600
New York City: (212) 485-9400
contact:
(516) 393-5555
Marc H. Schneider, Esq.
www.schneidermitola.com
Seyfarth Shaw LLP
providing comprehensive
representation in all
facets of cooperative
and condominium law.
C O N TA C T:
Dennis H. Greenstein, Partner
Seyfarth Shaw LLP
620 Eighth Avenue
New York, NY 10018
(212) 218-5520
[email protected]
www.seyfarth.com
The 2013
Attorney
Showcase
sbjlaw.com
Tane Waterman
& Wurtzel, P.C.
Attorneys at Law
David A. Tane
Marcie Waterman Murray
Stewart E. Wurtzel
Dale Degenshein
Penny Levine
Richard Siegler
Eva Talel
Andrew D. Stern
N. Paige Simmons
Leonard M. Khandros
Irma M. Akansu
Concentrating in Co-op/Condo Law
120 Broadway • Suite 948
New York, NY 10271
phone: 212.766.4000
fax: 212.766.4022
email: [email protected]
www.twwlawny.com
STEVEN TROUP, ESQ.
Chair of the Coop and
Condo Practice Group
[email protected]
212.216.8020
www.tarterkrinsky.com
1350 broadway, new york, ny
(t) 212.216.8000 (f) 212.216.8001
www.habitatmag.com
Council of New York Cooperatives & Condominiums / 33rd Annual Housing Conference & Exposition
Exhibitor dirEctory
5-Star Environments
Steve Hawkins
President
404 East 88th St.
New York, NY 10128
212-695-1995
[email protected]
www.5starenvironments.com
Calray Gas Heat Corp.
Harris Clark
Vice President
571 Timpson Place
Bronx, NY 10455
212-722-5506
[email protected]
www.calraygasheat.com
Hankin & Mazel
Geoffrey R. Mazel
Partner
7 Penn P Laza, Ste. 1602
New York, NY 10001
212-349-1668
[email protected]
www.hankinmazel.com
Academy Mailbox Co.
Matthew Arnold
President
120-10 15th Avenue
P.O Box 560122
College Point, NY 11356
718-539-1000
[email protected]
Cambridge Security Services
John McGee
Director of Marketing
224 W. 29th Street
New York, NY 10001
973-566-9400
www.cambridgesecurityservices.com
HSC Management Corp.
Josh Koppel, CPM
President
850 Bronx River Road
Yonkers, NY 10708
914-237-1600
[email protected]
www.hscmanagement.com
CGI Northeast
George Doukas
Executive Vice President
11-20 37th Avenue
Long Island City, NY 11101
718-937-2800
[email protected]
www.cginortheast.com
Impact Real Estate Management
Stuart Halper
Vice President
111-17A Roosevelt Avenue
Corona, NY 11368
718-898-0190
[email protected]
www.impact-management.com
Czarnowski & Beer
Stephen Beer
Partner
554 Fifth Avenue
New York, NY 10036
212-397-2970
[email protected]
www.czarbeer.com
Kane & Company
Monte Kane, CPA, PFS, CFF
Managing Director
250 Park Avenue, 7th Fl.
New York, NY 10177
212-867-5220
[email protected]
www.kanecpas.com
Douglas J. Lister, Architect
Douglas Lister
Principal
One Union Square West, Ste. 505
New York, NY 10003
212-924-7685
[email protected]
www.djlister.com
Kipcon
Mitchell H. Frumkin, PE, RS, CGP
President
1215 Livingston Avenue
North Brunswick, NJ 08902
(732) 220-0200
[email protected]
www.kipcon.com
Emigrant Mortgage
Charles Ruffin
Mortgage Consultant
7 Westchester Plaza
Elmsford, NY 10523
914-785-1403
[email protected]
www.emigrantmortgage.com
Lauren & Chase Design Group, Inc.
Susan D. Lauren
Principal
40 East 75th Street, Ste. 1A
New York, NY 10021
212-799-6633
[email protected]
www.lauren-chase.com
Bargold
Josh Goldman
President
41-41 38th Street
Long Island City, NY 11101
718-247-7000
[email protected]
www.bargold.com
Falcon Engineering, Architecture
and Energy Consultants
Nicole Malise
Director of Business Development
40 Worth Street, 10th Floor
New York, NY 10013
646-292-3515
[email protected]
www.falconengineering.com
Liberty Home Funding
Patrick Lavell
President
149 Madison Avenue, Ste. 1119
Newy York, NY 10016
212-838-9115
[email protected]
www.co-opfinancing.com
Barrett Capital Corporation
Barry Korn
Managing Director
422 E. 72nd Street, 18th Fl.
New York, NY 10021
917-434-3000
[email protected]
www.barrettcapital.com
Habitat Magazine
Stephen Hanks
Advertising Director
150 W. 30th Street, Ste. 902
New York, NY 10001
212-505-2030
[email protected]
www.habitatmag.com
Aegis Energy Services
Dale Desmarais
Sales Manager
55 Jackson Street
Holyoke, MA 01040
413-536-1156
[email protected]
www.aegisenergyservices.com
All Area Realty Services
TJ Magoulas
CEO
99 Tulip Avenue
Floral Park, NY 11001
718-721-0700
[email protected]
www.aarsny.com
American Pool Management
Michael Wright
President
275 Marcus Boulevard, Ste. N
Happauge, NY 11788
877-494-7665
[email protected]
www.americanpool.com
Automatic Industries
Denise Savino-Erichsen
President
19 W. Columbia Street
Hempstead, NY 11550
1-800-THE-WASH
[email protected]
www.automaticindustries.com
www.habitatmag.com
[email protected]
Mackoul & Associates
Edward Mackoul
President
25 Nassau Lane
Island Park, NY 11558
866-Mackoul
[email protected].
mackoul.com
Mamais Construction
Lawson Harris
Construction Services Manager
256 W. 124th Street
New York, NY 10027
[email protected]
www.mamais.com
Man Products
John Closs
Sales Manager
178 New Highway
Amityville, NY 11701
631-789-6500
[email protected]
www.steelsheds.com
Meridian Capital Group
Steve Geller
Managing Director
1 Battery Park Plaza, 26th Fl.
New York, NY 10004
212-972-3600
[email protected]
www.meridiancapital.com
Merrill Lynch & Co.
Kevin J. McLaughlin, CFM
Senior Vice President, Wealth Management
Wealth Management Advisor
717 Fifth Avenue
New York, NY 10022
212-415-7406
[email protected]
www.fa.ml.com/themclaughlingroup
MyHomePayge
Paul Schack
Founder/CEO
1040 1st Avenue
New York, NY 10022
[email protected]
www.myhomepayge.com
National Association of Housing
Cooperatives
Mitch Dvorak
Executive Director
1444 I Street, NW, Ste. 700
Washington, DC 20005
202-737-0797
[email protected]
www.coophousing.org
National Cooperative Bank
250 Park Avenue
New York, NY 10177
212-808-0880
www.ncb.coop
National Cooperative Business
Association (NCBA)
1401 New York Avenue, Ste. 1100
Washington, D.C. 20005
202-638-6222
www.NCBA.coop
New York City Council
Gale A. Brewer
Council Member
District Office
563 Columbus Avenue
New York, NY 10024
212-873-0282
[email protected]
www.council.nyc.gov
Council of New York Cooperatives & Condominiums / 33rd Annual Housing Conference & Exposition
Exhibitor dirEctory
NYC Dept. of Sanitation-Recycling
311
www.nyc.gov/dsny
New York Plumbing Heating
Cooling
Gregory Quattlander
President
87-71 Lefferts Boulevard
Richmond Hill, NY 11418
718-441-6800
[email protected]
www.nyplumbing.com
Parkwell Products
Benjamin Stern
President
1715 45th Street
Brooklyn, NY 11204
718-853-0291
[email protected]
www.parkwellproducts.com
New York State Energy
Research and Development
Authority (NYSERDA)
17 Columbia Circle
Albany, NY 12203
MultifamilyPrograms@nyserda.
org
1-877-NY-SMART
www.GetEnergySmart.org
NYARM
Margie Russell
Executive Director
500 8th Avenue, Ste. 807
New York, NY 10018
212-216-0654
[email protected]
www.nyarm.org
NYC Department of
Environmental Protection
Charles Sturcken
Director of Economic
Development
311
www.nyc.gov/dep
NYC Dept. of Finance
311
www.nyc.gov/finance
Rack & Go
Steven Frind
Owner
420-B Tarrytown Rd.
White Plains, NY 10607
914-358-4052
[email protected]
www.rackandgo.com
O ur P roperties Tell
Rand Engineering & Architecture
Peter Scallion
Marketing Director
159 W. 25th Street
New York, NY 10001
212-675-8844
[email protected]
www.randpc.com
If buIldIngs could speak, you’d hear a
SDi Laundry Solutions
Ron Garfunkel
President & CEO
219 Riverdale Avenue
Yonkers, NY 10705
914-966-0677, option 2
[email protected]
www.SDiLaundrySolutions.com
our story
chorus of praIse for kaled ManageMent.
starting as a family owned-and-operated business in
the late 1920s, we’ve been providing a comprehensive
range of real estate management services for four
generations, to an ever-growing list of satisfied clients.
the properties we manage, including our own, really
do tell the story. Listen, and you’ll hear them speak of
our fierce dedication to our clients… our intense
commitment to the highest standards… and our
unique approach to management.
As
building owners
ourselves,
we understand
the challenges
you face…
UHAB
Emily Ng
Director of Member Services
120 Wall Street, 20th Fl.
New York, NY 10005
212-479-3318
[email protected]
www.uhab.org
We know how to to make your property run as
smoothly, efficiently and economically as possible.
United Metro Energy
Paul DeSimone
Sales Representative
500 Kingsland Avenue
Brooklyn, NY 11222
718-389-5800, ext. 158
[email protected], pauljdesimone@
umecny.com
www.unitedmetroenergy.com
Please contact Peter Lehr for a complimentary property
assessment, to evaluate the key areas that can impact
the profitability of your building.
Wilkin & Guttenplan PC
Viola Sarkantyus
Marketing Manager
1200 Tices Lane
East Brunswick, NJ 08816
732-846-3000
[email protected]
www.wgcpas.com
www.kaled.com • 516.876.4800 • [email protected]
Corporate
7001 Brush Hollow Road
Westbury, NY 11590
1KALED 13-0001_4.5x7.25.indd 1
Superintendents Technical
Association
Peter Grech
Secretary & Director of Ed.
310 E. 46th Street
New York, NY 10017
212-370-1052
[email protected]
www.nycsta.com
NyC
757 Third Avenue
New York, NY 10017
1/22/13 4:06 PM
www.habitatmag.com
SUB BOAR
SCR D
IBE
R
S
UPDATE NOW!
and take advantage of ALL THE BENEFITS your board paid for!
✔ Individual copies of Habitat mailed to each board director of your co-op/condo.
✔ Unrestricted access to habitatmag.com’s article archives for all board directors.
✔ Free access to Habitat’s iPad edition.
✔ Need-to-know weekly email updates delivered to your inbox.
Customer Code (on your mailing label)
My association’s corporate name is:
Current members of my co-op/condo board authorized to enjoy Habitat benefits:
TITLE
NAME
APT.#
EMAIL
President
Vice-President
Treasurer
Secretary
Board Member
Board Member
Board Member
Fax Update to: 212-254-6795
Questions call: 212-505-2030
www.habitatmag.com
Marketplace
The premier directory of suppliers and professional services
to new York’s co-op/condo board directors and building managers.
Marketplace
rATe InforMATIon
LIne LISTIngS offer our
most economical advertising.
One rate for one full year 11 issues of Habitat:
1 line – $370
4 lines – $660
2 lines – $469
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6 lines – $767
Spotlight display
1-3 issues – $417 per issue
4-10 issues – $345 per issue
11 issues – $265 per issue
Get happily involved.
Contact: J. Wu, Advertising Coordinator
212-505-2030 x3006
F: 212-254-6795 e: [email protected]
AccountAnts & Auditors
Bollam, sheedy, torani, & co. LLP..212-661-8640
Offices in NYC, Long Island, and Albany
[email protected]
douglas condon, c.P.A, LLc..........718-788-3913
Co-management & other services available.
Jay M. Menachem, c.P.A...............516-877-9277
Kane & company, P.A.….................(212)867-5220
Specializing in Co-ops and Condominiums
www.kanecpas.com
Marin & Montanye LLP………………..516-625-3700
MayerMeinberg LLP..........syosset: 516-921-8900
nYc: 212-631-9500
newman, newman & Kaufman, LLP
.......................................................... 516-364-0700
Visit us on the web: www.nnkllp.com
fInAnCe
Acoustics/noisE/ViBrAtion
AKrF inc....................................... 646-388-9829
Contact Benjamin Sachwald or visit www.akrf.com
Air duct & chutE cLEAning
1-800-chutE-ME.............................800-248-8363
Get your chute together.
chutemaster indoor Environmental
800-234-4656
cK Engineer, P.c.
christopher Kelly, P.E. Principal.....212-986-3619
Building Condition Surveys and Reports. All
Disciplines, Cost Estimating, Design-Specifications &
Plans. Construction Administration. LL 10-80/LL 11/98.
ArchitEcts/LoBBY dEsign
Baron design inc, nYs Licensed…... 212-242-6567
Lobby and Hallway Specialists for 20 Years
barondesigninc@gmail www.jonathanbaron.com
Falcon Engineering,
Architecture & Energy consultants
Building Envelope Consulting/Inspections/Specs,
Parking Garage Investigation/Design, Capital Reserve Analysis, LL 11/98 Inspections/Reports, LL 84 &
87 Benchmarking and MEP Design/Evaluation
646-292-3515 [email protected]
ivan Brice Architecture/Engineering
LL 11-98 & Landmarks Filings, Condition Reports,
Budgeting, Plans, Specs, Construction Administration, Interior Renovation, Exterior Restoration
212-274-0056
ivan Brice Architecture/Engineering
LL 11-98 & Landmarks Filings, Condition Reports,
Budgeting, Plans, Specs, Construction Administration, Interior Renovation, Exterior Restoration 212274-0056
robert cane Architect, PLLc….......212-769-9605
Designers of Distinctive New York Lobbies.
Visit our website at: www.cane-architects.com
rAnd Engineering & Architecture...212-675-8844
EXT. RESTORATION * LL 11/98 INSPECTIONS/REPAIRS
Bldg. Surveys, Design & Specs, Construct. Admin.,
Structural, Roof Replacement, Windows & Doors,
HVAC/Elec/Plumbing, Architectural Design,
Green Roofs, Energy Audits, Expediting...randpc.com
AttornEYs
Abrams garfinkel Margolis Bergson, LLP
Contact: Neil B. Garfinkel or Barry G. Margolis
212-201-1170
Borah goldstein Altschuler
nahins & goidel, P.c. ........................212-431-1300
Braverman greenspun.......................212-682-2900
gallet dreyer & Berkey, LLP.................212-935-3131
ganfer & shore......................212-922-9250 x277
Contact Matthew Leeds: [email protected]
hankin & Mazel, PLLc........................212-349-1668
Contact Geoffrey Mazel, Esq.
himmelfarb & sher, LLP.......................914-682-0040
hoffman Wachtell Koster Maier rao
& goldenberg, LLP
Contact Ira S. Goldenberg, Esq...........914-997-0999
Marcus rosenberg & diamond, LLP
212-755-7500
schneider Mitola LLP......................516-393-5555
also 212-485-9400
stark & stark……………609-896-9060
Email: [email protected]
Visit us at: www.Stark-Stark.com
tane Waterman & Wurtzel, P.c.......212-766-4000
Wagner davis P.c...........................212-481-9600
Wolf haldenstein Adler
Freeman & herz, LLP......................212-545-4600
Contact: Jeffrey Schwartz, Jeffrey Reich or
Steven Sladkus
BicYcLE PArKing & storAgE
Wirecrafters....................................718-359-1619
cLothEs drYEr/VEnt cLEAning
1-800-chutE-ME............................800-248-8363
Get your dryer drying.
800-234-4656
coMPActor sALEs & rEPAirs
800-234-4656
consuLting EnginEErs
EnErgY/FuEL
castle oil
corporation..................................914-381-6600
High-quality fuel oil and burner service, chemical
water treatment, boiler cleaning, heating equipment installation, and computerized heating
control and monitoring systems. Serving New York’s
most successful property owners and managers
for over 75 years.
dual Fuel corporation.....................347-6nYcgAs
Tired of high oil prices? Considering a switch to
clean, economical natural gas? Call DFC today to
see how our NO-cost conversion can provide you
with substantial savings.
EnVironMEntAL rEMEdiAtion
sErVicEs
1-800-chutE-ME.............................800-248-8363
Get your chute together.
FinAncE
Meridian capital group, LLc
Underlying Cooperative Financing
Steve Geller
212-612-2222 or [email protected]
www.meridiancapital.com
insurAncE
York international Agency LLc......914-457-1285
Contact Barbara [email protected]
intErcoMs & MAiLBoXEs
Academy Mailbox company inc
Est. 1948. Intercoms • Mailboxes • CCTV •
Access Controls • Engravings
718 or 212-539-1000
LAundrY sErVicEs
Automatic industries.....toll Free.1800-thEWAsh
Too often we hear “I hate my laundry company.”
You can learn to “love” your laundry company.
Providing coin & debit card operated laundry rooms
to the Co-op & Condominium community.
Family owned & operated.
www.automaticindustries.com
www.habitatmag.com
LoBBY And hALLWAY dEsign
Art & interiors.................................516-626-6555
Specializing in Full Scope Lobby and Hallway
Design. Versatile Style that can meet any request.
ProPErtY MAnAgEMEnt
Alexander Wolf & company
nYc toll Free ................................866-316-6672
or LI (516) 349-0540. Specialists in Co-op/Condo/
HOA & Senior Housing Management. 24 hour
emergency availability.
Contact: John D. Wolf, President
ALL ArEA rEALtY sErVicEs inc.
sErVing cooPs & condos in
nEW YorK And Long isLAnd
www.aarsny.com..........................1-866-333-6182
Barton Management..........................212-682-9693
Specialists in Co-op/Condo/Residential
Management. Contact Georgia Barton:
[email protected]
www.bartonmanagement.com
Firstservice residential...............212-634-8904
Learn how our unparalleled experience, New York
market expertise, proprietary tools and resources,
value-added services, and passion for service
excellence can help you realize your vision for
your building while providing an exceptional quality of life for every resident. Contact Dan Wurtzel,
President, Property Management
...........................................………www.fsresidential.com
h.s.c. Management corp......(main) 914-2371600 35 Years Professionally managing Co-ops,
Condos, and investment properties with Honesty
and Integrity. Contact Josh Koppel, CPM, direct
718-414-2073
www.hscmanagement.com
Kaled Management corp. ............516-876-4800
Co-op/Condo/Rental/HOA Property Management
Contact: Peter Lehr
newgent Management, LLc ........... 347-707-1010
Expert handling of your real estate headaches!
Attention to all co-op/condo issues maintenance of detailed financial records,
owners’ charges and payments (including online),
suggesting “to-do” ideas, tracking and reporting
maintenance and repairs, etc.
Quantum Management inc............914-592-1100
Specializing in all areas of real estate property
management. Call Tom Bundarin
rLh Management.......................... 516-944-3595
35 years experience in Nassau County
Managing Co-ops/Condos/Rentals/HOA
siren Management corp................212-483-0700
“Managing to be the future of your real estate”
Specializing in co-op, condo & rental management
Contact: Jeff [email protected]
www.sirenmgt.com
Vintage real Estate services Ltd....212-736-3680
Co-ops/Condos/Mitchell-Lamas
contact: [email protected]
Veritas Property Management........212-799-2365
Co-op & Condo Excellence – Call Carl Borenstein
or James Maistre – www.veritasmanagement.com
LOG ON
tinyurl.com/habitatexperts
Ask the Experts
rEPLAcEMEnt WindoWs
ross Window corporation...............212-221-1800
also 914-668-2050.
storAgE sYstEMs
Bargold storage systems................718-247-7000
Fully Enclosed Steel Storage Units. Custom Built
and Installed. Excellent income producer.
FREE INSTALLATION.
Wirecrafters...................................800-626-1816
Woven Wire and Solid Enclosed Storage Lockers
delivered and installed.
Ask about our FREE TRIAL OFFER.
WAtEr cost MAnAgEMEnt
new York Water Management.......718-686-0400
Real Estate Management Consultants
Water & Real Estate tax reductions
Sub-Meter Installations and meter reading
Vantage group inc.......................888-860-2990
Complete Cost Reduction Programs,
NYC Bill Correction,
TURN WATER METERING TO YOUR ADVANTAGE!
AUTOMATIC METER READING SPECIALIST!
WindoW FiLM
chutemaster indoor Environmental.
800-234-4656
WindoW PArts And sErVicE
ross Window corporation..............212-221-1800
also 914-668-2050
Ask the Experts
Boards meet. They research. They get bids.
They make decisions.
Sometimes, though, it would be nice to have an
expert on hand. To answer your questions, to bring
out the important points, and to just make things a
bit more clear.
That’s what “Ask the Experts” does.
Key players from leading companies provide
succinct video answers to important questions
facing your co-op/condo board.
EXPERT ROSTER
Braverman Greenspun
Robert Braverman, Esq.
Managing Partner
LAUNDRY SYSTEMS
Automatic Industries
WATER LEAKS
CGI Northeast
FINANCE
First Funding of New York
LAW
Braverman Greenspun
BUILDING RESTORATION
Skyline Restoration
HALLWAY &LOBBY DESIGN
Lauren & Chase Design Group
LOG ON TODAY.
You’ll be glad you did.
www.habitatmag.com
Stats
“Stats” is a listing of important facts, figures, and statistics of concern to the
co-op/condo world. it is subdivided into “building Loans,” which represents a
sampling of cooperative underlying mortgage refinancing deals; and “management
transitions,” which includes a sampling of buildings that hired new management
firms (takeover dates appear in parentheses). all data, covering the past three
months, has been voluntarily submitted, and the omission of any professional
from this section is no reflection on his or her business. to have your item
published in an upcoming issue, call (212) 505-2030 ext.3006, fax (212) 2546795, or e-mail: [email protected].
Management
Transitions
Manhattan
Lincoln Square
Lincoln Amsterdam House
110 West End Avenue
185-unit co-op. Transition to: Tudor
Realty Services (8/1/13)
Upper east Side
Hankin & Mazel PllC
Proud to provide personal legal services to co-ops and
condos, large and small, for over 20 years.
attorneys at law
Mark Hankin and Geoffrey R. Mazel, Partners
7 Penn Plaza, Suite 904 • New York, NY 10001
212-349-1668 • [email protected]
166 East 61st Street
168-unit co-op. Transition to: Tudor
Realty Services (10/1/13)
Queens
Bayside
United Veteran Mutual Housing No.
2 Corp.
801-unit co-op. Transition to: Metro
Management Developement (6/1/13)
Bronx
willimsbridge
Lindville Housing Co.
142-unit co-op. Transition to: Metro
Management Development (7/1/13)
Building
Loans
136 East 76th Street
Upper East Side, Manhattan
87-unit co-op, 0% unsold shares
loan: $1.55 mil
term: 10 years
rate: 4.85%
closing: 8/5/13
line of credit: $1 mil
bank: NCB
loan officer: Mindy Goldstein
building rep: Hoffman Management
Heathcote-Wiltshire Corp.
79-85-95-103 Wiltshire Road
Scarsdale, Westchester County
57-unit co-op, 0% unsold shares
loan: $1.9 mil
term: 10 years
rate: 4.69%
closing: 8/1/13
line of credit: $500K
bank: NCB
loan officer: edward Howe
building rep: Archer Property
Management
www.habitatmag.com
AdVErtiSEr iNdEx
PlANNEr
noveMBer 1
J-51 tax exemption and
abatement program. First
day to file applications
with the Department of
Housing Preservation and
Development’s J-51 office for
the fourth filing period in 2013.
5
Election Day. Building Service
employees’ union (Local
32B-32J) contract holiday.
Sanitation Department workers’
holiday. No garbage pickup and
no street-cleaning.
11
Veterans Day observed.
Sanitation Department workers’
holiday. No garbage pickup and
no street-cleaning.
15
Boiler inspection. Last day
to officially perform and
file owner’s statement and
inspection report with the
Department of Buildings for
2013.
16
Boiler inspection for 2014.
Must be performed between
now and November 15, 2014.
17
Council of New York
City Cooperatives and
Condominium’s 33rd Annual
Housing Conference & expo
at Baruch College Newman
Vertical Campus. Visit
www.cnyc.coop for more
information.
28
Thanksgiving Day. Building
Service employees’ union
(Local 32B-32J) contract
holiday. Sanitation Department
workers’ holiday. No garbage
pickup and no street-cleaning.
www.habitatmag.com
Academy Mail Box ...............................................44
Kagan Lubic Lepper Finkelstein & Gold ...............47
AKAM Associates .................................................40
Kaled Management ..............................................50
Argo Real Estate ...................................................33
Kane & Company..................................................37
Balber Pickard Maldonado & Van Der Tuin .........46
Lauren & Chase Design Group ............................8
Bargold Storage Systems ....................................26
Lawrence Properties.............................................9
Barton LLP ............................................................46
Lovett Group, The .................................................26
Blue Woods Management ...................................30
Mamais Construction ...........................................27
Borah, Goldstein, Altschuler, Nahins & Goidel ....46
Mark Greenberg Real Estate.................................45
Braverman Greenspun..........................................46, C3
Matthew Adam Properties....................................21
Brill & Meisel.........................................................46
Midboro Management ..........................................25
Buchbinder & Warren ..........................................33
National Grid .........................................................2
C. Jaye Berger, Law Offices ..................................46
NCB .......................................................................C2
Calray Gas Heat Corp. ..........................................11
New York Water Management ............................33
Carlton Management ............................................37
Newman, Newman & Kaufman............................9
Castle Oil ...............................................................13
Norris McLaughlin & Marcus ...............................47
Century Management ...........................................35
Orsid Realty...........................................................16
Cesarano & Khan, CPAs ......................................8
Pride Property Management ................................36
Chutemaster..........................................................45
Porzio Bromberg & Newman ...............................47
CNYC Exhibitor Directory .....................................49-50
Quadlogic ..............................................................36
Crossword Puzzle,
Racht & Taffae.......................................................47
Sponsored by Braverman Greenspun.................56
RAND Engineering & Architecture .......................43
Cycle Storage Solutions .......................................54
Robert Cane Architect...........................................40
Czarnowski & Beer ...............................................19
Rosen Livingston & Cholst...................................48
Douglas Elliman Property Management ..............1
Rudd Realty ..........................................................4
Fairfield Property Services ...................................42
Schneider Mitola ...................................................48
FirstService Residential ........................................39
Seyfarth Shaw.......................................................48
Gallet Dreyer & Berkey .........................................46
Skyline Restoration...............................................17
Ganfer & Shore .....................................................47
Smith, Buss & Jacobs ..........................................48
Gerard J. Picaso Inc. ...........................................27
Stroock & Stroock & Lavan .................................48
Habitat Ask the Experts ........................................53
Tane Waterman & Wurtzel ...................................48
Habitat Board Room .............................................23
Tarter Krinsky & Drogin ........................................48
Habitat Board Subscription Update......................51
Time Warner Cable ...............................................5, C4
Hankin & Mazel.....................................................47, 54
Tudor Realty Services ...........................................30
Hercules Corporation............................................31
United Metro Energy.............................................29
Himmelfarb & Sher...............................................47
Vantage Group ......................................................39
Hudson Valley Bank ..............................................12
Veritas Property Management..............................28
Impact Real Estate Management .........................43
Wilkin & Guttenplan..............................................35
JMPB Enterprises:
Wirecrafters ..........................................................44
Lobby & Hallway Renovation ..............................41
Wolf Haldenstein Adler Freeman & Herz .............42
A Collection of Clues
Sponsored by
this month’s crossword puzzle offers a range of hints, from
bovine cats to high-end dining rooms. what does it all mean?
take a little time from your schedule and find out.
Across
1. Half of a
coop/condo legal
team
1
2
9
10. Middle word of
a Wonder hit and a
Christie novel
11. Valuable cloudbased file-sharing
software which
facilitates digital
accounting
13
23
25. What boards
enforce
36
42. In need of a
plumbing fix
45. Real estate
paper
27
28
34
40
35
41
42
43
45
47
48
49
50
51
46. A rookie board
president might
forget to check if
he/she had one
51. Proven in trials
39. _____
Judgment Rule
18
38
39
29. Word with
takers or time
36. 78 or 33 1/3
26
37
50. Bread in a jar?
35. The x in "2x4"
17
22
33
28. Laughter noise
33. High end,
dining room for
example
8
31
26. Santa follower
32. She tells you
which restaurants
are "close to you"
16
30
48. System using oil
and natural gas
31. King or jet?
7
21
32
46
23. A table shows a
lot of it
20
15
25
24
29
14. Bovine Cats?
22. It's responsible
for EDGAR
6
11
14
19
44
21. Org. for Pei
5
12
13. Handles the
squeaky wheel?
19. It displays
higher resolution
4
10
6. Hard hat areas
9. Brick or herring?
3
52. HABITAT'S
blog is one
52
5. Silent agreement
6. Display proudly
like Trump perhaps
7. Presents formally
for discussion
8. If your building
has more than ___
stories, you fall
under Local Law
11/98
Down
12. Fireplace
remains
1. They look
grotesque, on some
facades
15. Fudge on the
facts
16. Kind of level
2. Pull the plug on
17. Building
modification or
Winehouse hit
3. A board
president should
always ask for them
even if the vote
looks almost
unanimous
4. Loan-worthy, per
a mortgage broker
24. Word to
describe the overtalkative board
member?
27. Bookshelf
bracket shape
30. Edges
34. Word with ''pro''
or ''purpose''
37. Board meeting
record
38. Cleaning
machine
40. Grass strip
41. Unwanted
marks on
baseboards, etc
43. Shouts loudly
18. Description of
44. Floor plan meas.
some legal suits and
47. Beginning for
King novels?
wife or town
20. Wall starter
49. Photocopier
abbr.
For solution to puzzle:http://habitatmag.com/novemberpuzzle
www.habitatmag.com

survey - Habitat Magazine

Transcription

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