survey - Habitat Magazine
Transcription
survey - Habitat Magazine
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 WHAT SETS US APART: Management has been our focus for over 100 years We attract the Best Managers—and they stay with us, sometimes for decades Our Financial Analysts carefully consider your budget and investments Our Central Purchasing Power saves you money on everything from energy to insurance AS A FULL-SERVICE MANAGEMENT COMPANY WE ALSO PROVIDE: Our Closing Department acts as your Corporation’s transfer agent and oversees sales, leasing and refinancing Our cutting-edge Local Law Compliance Oversight helps you avoid fines and violations Our Electronic Statements option makes viewing your building’s Financial Reports easier and “greener” Pay Online using credit card or e-check E S T. 1 9 11 Managing the Finest Properties Since 1911 Scan code to visit our Facebook page facebook.com/DouglasEllimanPropertyManagement 675 Third Avenue New York, NY 10017 Telephone 212.370.9200 Fax 646.843.2424 E-mail [email protected] EllimanPM.com Scan code to read our Blog DouglasEllimanPropertyManagement.wordpress.com 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 offices. PoStmaSter: Send address changes to: Habitat, 150 w. 30th St., Suite 902, new York, nY 10001. copyright © 2013 by the carol group Ltd. all rights reserved. reproduction in whole or in part without permission is prohibited. the editors assume no responsibility for unsolicited manuscripts or photographs. Postage must accompany all materials if return is requested. editorial and advertising Sales offices: 150 w. 30th St., Suite 902, new York, nY 10001; (212) 505-2030 fax: (212) 254-6795. co-op/condo board corporate subscriptions are $70.00 per association, entitling up to 4 board directors to receive their own copies of each issue. additional board members’ subscription rates can be found at www.habitatmag.com/subscribe. individual subscriptions are $49.95 for one year. canadian and foreign subscribers must contact Habitat for rates. Single copies of most issues are available prepaid at $5. www.habitatmag.com 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... THOROUGH COMMITMENT... PERSONALIZED SERVICE... COMPREHENSIVE PROPERTY MANAGEMENT. Our expertise, reliability, consistency, dedication and attention to detail have made us one of Manhattan’s most respected management firms. We create and implement innovative, proactive solutions tailored to each individual property. Our newest program, RECSS (Rudd Environmental Conservation and Sustainability System) is the latest example of our thorough commitment to our clients. 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 one-on-one service. Frederick J. Rudd, President [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 REWARD YOUR CLIENTS AND REWARD YOURSELF When your customers purchase a new home, you can help them get a jump on their TV, Internet and Phone services. The Time Warner Cable “Lead the Way” program lets real estate professionals refer customers to sign up for discounted concierge services in their new home. Your clients will be happy because you’re saving them time and money, and you’ll stand out from your competition. What’s more, you’ll also earn reward points for every customer referral who signs up for Time Warner Cable service. Call 212-420-5530 and mention code 4-A to learn how to enroll. Once you enroll, you can begin submitting customer leads right away…and watch the rewards roll in. For full program rules please see the program site www.amptwc.com. ©2013 Time Warner Cable Inc. All rights reserved. Time Warner 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 november 2013 HABITAT 5 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 6 HABITAT november 2013 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 november 2013 HABITAT 7 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 8 HABITAT november 2013 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 Stroock & Stroock & Lavan 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 Stroock & Stroock & Lavan 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 november 2013 HABITAT 9 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 Size: Partners 12 Associates 4 Of Counsel 3 Paralegals 3 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 10 HABITAT november 2013 www.habitatmag.com John J. Lagumina Partner The LaGumina Law Firm 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 november 2013 HABITAT 11 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 The LaGumina Law Firm 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 • Responsive • Competitive 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 12 HABITAT november 2013 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. ® november 2013 HABITAT 13 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 Belkin Burden Wenig & Goldman 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 Belkin Burden Wenig & Goldman 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 Size: Partners 1 Of Counsel 1 Co-op/Condo Specialists: Partners 1 Of Counsel 1 Board Clients: 27 Location: NYC 4% Putnam 7% WC 89% 14 HABITAT november 2013 Size: Partners 27 Associates 22 Paralegals 7 Co-op/Condo Specialists: Partners 3 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 Size: Partners 2 Of Counsel 1 Co-op/Condo Specialists: Partners 2 $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 www.habitatmag.com 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 www.habitatmag.com James J. veneruso Managing Partner Veneruso, Curto, Schwartz & Curto 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 Veneruso, Curto, Schwartz & Curto 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% november 2013 HABITAT 15 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 16 HABITAT november 2013 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. www.habitatmag.com 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 Co-op/Condo Specialists: Partners 4 Associates 3 Paralegals 3 Hourly Rates: Partners Upon Request Associates Upon Request Paralegals Upon Request Board Clients: 165 Location: NYC 100% www.habitatmag.com november 2013 HABITAT 17 Construction Steven r. wagner Partner Porzio, Bromberg & Newman 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. Porzio, Bromberg & Newman Size: Partners 36 Associates 21 Of Counsel 34 Paralegals 18 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 Size: Partners 3 Associates 6 Of Counsel 2 Paralegals 1 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% 18 HABITAT november 2013 www.habitatmag.com Stuart Halper Principal Stuart Halper & Associates 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? As the pendulum has swung from easy access to lenders and mortgages to loan officers armed with denial checklists, publishing the best possible financial “picture” in your property’s 2013 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 appearing on each lender’s approved list. 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 Stuart Halper & Associates Size: Partners 1 Associates 1 Co-op/Condo Specialists: Partners 1 Associates 1 Hourly Rates: Partners $300 Associates $300 Board Clients: 45 Location: NYC 95% WC 5% www.habitatmag.com Our InfOrmatIOnal VIdeO SerIeS tImelY InfOrmatIOn On ImPOrtant tOPICS BUDGeTS FOr COOperATIveS AND CONDOMINIUMS CONTrOL prOCeDUreS 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 november 2013 HABITAT 19 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 Size: Partners 2 Associates 5 Of Counsel 1 Paralegals 5 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 Tane Waterman & Wurtzel 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 Tane Waterman & Wurtzel 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% 20 HABITAT november 2013 www.habitatmag.com We invest in their Future It’s one of the most important things we do!!! There were many factors in our developing a Green Management Program. We wanted to reduce dangerous carbon emissions, avoid using toxic chemicals, conserve energy and actually save money. Management•Brokerage•Consulting Most of all, we wanted to create a healthier environment for our children. 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 www.habitatmag.com november 2013 HABITAT 21 Contracts Steven Sladkus Partner Wolf Haldenstein Adler Freeman & Herz 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 Wolf Haldenstein Adler Freeman & Herz Size: Partners 35 Associates 31 Of Counsel 11 Paralegals 19 Co-op/Condo Specialists: Partners 7 Associates 13 Of Counsel 1 Paralegals 3 Hourly Rates: Partners $380-505 Associates $360 Of Counsel $395 Paralegals $195 Board Clients: 290 Location: NYC 95% LI 2% WC 3% 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% 22 HABITAT november 2013 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 www.habitatmag.com BOARD ROOM Serving New York Co-op/Condo Board Members & Property Managers Experience BOARD ROOM on your iPad Get focused solutions and podcasts about issues your board is dealing with today. Board Room is a free publication. Search for Habitat magazine and Board Room on the App Store. EriEbers! FR ubsc for S Y AD TODA DOWNLO www.habitatmag.com PLUS Everything you love about Habitat magazine is now available in an Enhanced iPad Edition. Features include: slideshows, sound bites, and multimedia. Bookmark articles and share content via e-mail and text. Print subscribers get Habitat magazine for free! Download the app on the Apple Newsstand. november 2013 HABITAT 23 Discrimination eric frizzell Partner Buckalew Frizzell & Crevina 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 Buckalew Frizzell & Crevina 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 Size: Partners 9 Associates 14 Of Counsel 2 Paralegals 6 Co-op/Condo Specialists: Partners 3 Associates 6 Of Counsel 1 Paralegals 1 Location: NYC 95% LI 2.5% WC 2.5% 24 HABITAT november 2013 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 www.habitatmag.com Governance david L. Berkey Partner Gallet Dreyer & Berkey 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.” Gallet Dreyer & Berkey Size: Partners 13 Associates 11 Of Counsel 3 Paralegals 3 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 Board Clients: 200 Location: NYC 98% LI 1% WC 1% Happy 50th Birthday Midboro! WHAT DOES THIS MEAN FOR YOU? A half century of experience. This unparalleled experience along with our hands-on management style is 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 november 2013 HABITAT 25 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. We’ll PAY YOU monthly. 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 26 HABITAT november 2013 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 Size: Partners 2 Associates 3 Of Counsel 3 Paralegals 3 Co-op/Condo Specialists: Partners 2 Associates 3 Of Counsel 3 Paralegals 3 Hourly Rates: Partners $400 Associates $295 Of Counsel $350 Paralegals $125 Board Clients: 75 Location: NYC 98% 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 november 2013 HABITAT 27 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 Size: Partners 65 Associates 55 Of Counsel 32 Paralegals 21 Co-op/Condo Specialists: Partners 4 Associates 4 Of Counsel 2 Paralegals 7 Hourly Rates: Partners $315 Associates $250 Of Counsel $250 Paralegal $85 Board Clients: 200 Location: NYC 10% LI 5% WC 15% NJ 70% C. Jaye Berger Principal Law Offices C. Jaye Berger 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 28 HABITAT november 2013 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 Law Offices C. Jaye Berger Size: Partners 1 Paralegals 1 Co-op/Condo Specialists: Partners 1 Paralegals 1 Hourly Rates: Partners Upon Request Board Clients: 25 Location: NYC 100% richard klein Partner Law Offices of Richard Klein 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 november 2013 HABITAT 29 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 Law Offices of Richard Klein 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 30 HABITAT november 2013 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 Color 09/2013 • Instant Service At The Press Of A Button • Real Time Laundry Room Monitoring • New Smart Card Revaluing Options Request Service ReValue Smart Card HercAlert Montgomery McCracken Walker & Rhoads Size: Partners 7 Associates 6 Of Counsel 3 Paralegals 4 Co-op/Condo Specialists: Partners 3 Associates 4 Of Counsel 2 Paralegals 2 Hourly Rates: Partners $445 Associates $275-350 Of Counsel $445 Paralegals $175 Board Clients: 100 Location: NYC 98% LI 1% WC 1% Doing laundry just got a lot simpler… Contact Hercules to discuss how new technology can work for your next laundry room For New York’s Co-op/Condo Board Director Community Get Smart with BOARD ROOM FRE E iPAD DO WN M AG L OA DT A Z IN OD E AY The Smart Choice in Laundry Download the FREE Habitat app to read BOARD ROOM www.habitatmag.com 550 West John Street • Hicksville, NY 11801-1039 1-800-526-5760 • www.hercnet.com _Hercules_(C)_0513.indd 1 9/26/13 11: november 2013 HABITAT 31 Lawyering Michael T. Manzi Partner Balber Pickard Maldonado & Van Der Tuin 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 Balber Pickard Maldonado & Van Der Tuin Size: Partners 7 Associates 4 Of Counsel 1 Paralegals 2 Co-op/Condo Specialists: Partners 5 Associates 3 Paralegals 1 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 32 HABITAT november 2013 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 Size: Partners 13 Associates 5 Of Counsel 7 Paralegals 4 Co-op/Condo Specialists: 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 november 2013 HABITAT 33 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 Size: Partners 60 Associates 103 Paralegals 18 Co-op/Condo Specialists: Partners 3 Associates 6 Paralegals 4 Hourly Rates: Partners $600-750 Associates $275-500 Paralegals $190-225 Board Clients: 97 Location: NYC 100% dean M. roberts Partner Norris McLaughlin & Marcus 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 34 HABITAT november 2013 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 Norris McLaughlin & Marcus Size: Partners 80 Associates 60 Of Counsel 2 Paralegals 10 Co-op/Condo Specialists: Partners 4 Associates 3 Paralegals 1 Hourly Rates: Partners $395-425 Associates $215-350 Paralegals $135175 Board Clients: 120+ Marc A. Landis Partner Phillips Nizer Defining a New Era of Property Management We’ve upgraded every aspect of our operation to better serve the growing needs of our clients and residents. Opening New Office Headquarters Launching New Mobile-Ready Website Rolling out Exclusive Online Tools Doors open July 2013 Online this Summer Coming Soon centuryny.com 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 november 2013 HABITAT 35 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 Counsel 3 Paralegals 2 Hourly Rates: Partners $500 Associates $350-400 Paralegal $240 Board Clients: 25 Location: NYC 92% LI 4% NJ 4% Litigation Strong, Reliable, Hands-on Property Management For Pride in ownership, call (212) 690-0800 ▲ PRIDE PROPERTY MANAGEMENT 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 Managing Your Building’s lectricity Costs Should be Easy! F inding a fair way to allocate electricity costs in a co-op or condo building can be a challenge. Now, Quadlogic will be your partner and make your job very easy, while being fair to all stakeholders. Our Advanced Sub-Meters are approved for use Model S-10 in the new NYSERDA Electric Reduction in Master In-unit residential meter Metered Buildings (ERMM) Program, which offers payments up to $250 per meter, plus other incentives. In addition, 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 36 HABITAT november 2013 Bruce A. Cholst Partner Rosen Livingston & Cholst 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 • Most Competitive Pricing Structures • Comprehensive On-Line Reporting Services • A Full Spectrum of Real Estate Services • A Money-Back Guarantee • Liaison With a Principal of the Company • Convenient Locations To learn more, or for a FREE management evaluation, please call: Steven W. Birbach Steven W. Pinchasick Chairman President 212-575-0200 ext. 815 516-609-8200 ext. 818 email: [email protected] NYC * Queens * Long Island Excellence In Property Administration Bayard Advertising Agency, Inc. 31892 JOB #: _____________________ Management CLIENT: Carlton ____________________ Habitat PUBS: _____________________ 4 ½ w x 4” SIZE: ______________________ 9/27/13 DATE: ______________________ CONDOMINIUMS AND COOPERATIVES FM COST: _____________________ ty ARTIST: ____________________ •Audits •Tax Preparation and Planning COMP: _____________________ •Forensic Audits and Examinations •Consulting REV. 0 ____________________ OK TO Release “UNCOMMON EXCELLENCE” 250 Park Avenue, 7th Floor, New York, NY 10177 Office: 212-867-5220 www.kanecpas.com Rosen Livingston & Cholst Size: Partners 4 Associates 5 Of Counsel 1 Paralegals 3 Co-op/Condo Specialists: Partners 4 Associates 5 Paralegals 3 Hourly Rates: Partners $375-425 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 november 2013 HABITAT 37 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 Tarter Krinsky & Drogin 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.” Tarter Krinsky & Drogin 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% 38 HABITAT november 2013 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 november 2013 HABITAT 39 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 Size: Partners 4 Associates 3 Of Counsel 1 Paralegals 2 Co-op/Condo Specialists: Partners 2 Associates 2 Paralegals 2 Hourly Rates: Partners $550, $425 Associates $375, $275 Paralegals $145 Board Clients: 100 Location: NYC 100% 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 40 HABITAT november 2013 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. november 2013 HABITAT 41 Owners TeN eNT, or as husband and wife, with all rights of survivorship benefits Himmelfarb & Sher Size: Partners 2 Associates 1 Of 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 Kaufman Friedman Plotnicki & Grun 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] 42 HABITAT november 2013 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. Kaufman Friedman Plotnicki & Grun Size: Partners 4 Associates 3 Paralegals 2 Co-op/Condo Specialists: Partners 3 Associates 2 Hourly Rates: Partners $400 Associates $295 Board Clients: 75 Location: NYC 100% www.habitatmag.com november 2013 HABITAT 43 Owners Academy Mail Box Co., Inc. Academy Intercom Co., Inc. Academy Engravers, LLC kenneth r. Jacobs Partner Smith, Buss & Jacobs 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 • • • • • • Easy content inspection Single or double tier Industrial grade construction Installation service available Local representatives Solid 16-gauge sheet metal lockers also available Serving The New York Area For Over 20 Years 800-626-1816 e y www.wirecrafters.com 44 HABITAT november 2013 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 Smith, Buss & Jacobs Size: Partners 6 Associates 6 Of Counsel 3 Paralegals 5 Co-op/Condo Specialists: Partners 4 Associates 4 Paralegals 4 Hourly Rates: Partners $400-450 Associates $225-375 Paralegals $100 Board Clients: 275 Location: NYC 65% LI 1% WC 34% www.habitatmag.com november 2013 HABITAT 45 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] 46 HABITAT november 2013 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 november 2013 HABITAT 47 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 48 HABITAT november 2013 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] www.academymailbox.com 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 november 2013 HABITAT 49 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 50 HABITAT november 2013 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 november 2013 HABITAT 51 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 5 lines – $724 3 lines – $556 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. chutemaster indoor Environmental 800-234-4656 coMPActor sALEs & rEPAirs chutemaster indoor Environmental 800-234-4656 52 HABITAT november 2013 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 www.academymailbox.com 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 november 2013 HABITAT 53 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 54 HABITAT november 2013 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 november 2013 HABITAT 55 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 56 HABITAT november 2013 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