NYC Property Management Info
September 5, 2014
In NYC Cooperative buildings (and others throughout the country as well) Shareholders are often looking to refinance their apartment either through a new mortgage or for secondary financing such as a Home Equity Line of Credit (HELOC) or a second mortgage.
When a Board is looking over their options for approving or not approving this financing for the Shareholder, they should be looking at more than the overall amount of the financing. They should also take a hard look at what that loan will do to the Loan-To-Value (LTV) ratio of the apartment. If the Co-op, for instance, has a maximum of 80% financing, if the new LTV exceeds that amount, they may want to reconsider the approval. (more…)
Excel Bradshaw is pleased to announce that it will assume the management of 205 E. 10th St. Owners, Inc., a 30 unit Cooperative located in New York City. Effective October 1, 2014, this new addition will add to a growing portfolio in Manhattan. 205 E. 10th St. Owners, Inc. will be directly managed by Mark Levine, Vice President of Excel Bradshaw.
A simple task that is now available to update online at http://www.nyc.gov/hpd, this yearly property registration is required from residential buildings that are greater than three units or 1-2 unit residences where the owner does not reside on premises. The forms tell the City of New York who the owner, agent and responsible parties are for all residential buildings in the case of an emergency (or a violation). Registrations are required to be renewed by September 1st of each year, so if your building is outdated, now is the time to update it before it becomes a deeper issue.
Excel Bradshaw Management Group, LLC has been retained by the Board of Managers of 1 Vernon Jackson Condominium, a beautiful glass tower Condominium located in Long Island City, effective October 1, 2014. The 8-story Condominium, located on Jackson Avenue, began selling units in 2011.
1 Vernon Jackson Condominium will make a great addition to the management portfolio of Excel Bradshaw Management Group and we look forward to many years of a wonderful partnership.
In Property Management there are two types of property managers; the dedicated (full-time, on-site manager) and a portfolio manager. While many of the duties of either type of manager will be similar, there are some stark contrasts between the two.
A dedicated manager is a property manager that is responsible for only one client. Oftentimes, particularly if the property is large enough, the property manager will be on-site to deal with residents, staff and board issues as they pop up. The building, in turn is absorbing the complete cost of the salary + benefits of all management staff members that are assigned to their building full-time. This could include bookkeeping staff, assistant property managers and property managers. The management company, separately, will usually be handling the back-office or financial needs from their home base. A benefit of a dedicated property manager is that the manager assigned to the building will have a laser focus on the building and will not be involved in other issues throughout the portfolio of the management company.
A portfolio manager is exactly what it sounds like. Handling a portfolio of buildings, they could range in number from 2 to 8 properties, depending on the size and time requirements of the buildings that they are managing. Some managers may manage a very large building and then a small or medium-sized building whereas another may manage 8 smaller buildings. It really comes down to the expectation of time spent on each property.
In interviews, we’ll often be asked how many buildings the manager that is up for the particular job is currently handling. It’s a delicate balance when managing a portfolio of properties. Clients who retain a property manager that is working on a portfolio are typically not paying for a full-time property manager so this manager will be responsible for dealing with multiple buildings and boards at the same time.
Either way that a building should retain a property management companies services, they’ll always receive the same amount of attention and care from our staff and back-office and will receive the same financial and oversight services. Either way, it’s a win-win.
In this newest video, Mark Levine of Excel Bradshaw Management Group walks you through the new 2014 New York City Administrative Code Section 27-2051.1, which deals with emergency preparedness and notifications for residential buildings.
Buildings are now required to post specific information about relevant weather events, utility outages that will last more than 24 hours, evacuation details, emergency contact numbers and building specific numbers and contact information in the event of an emergency. The information is to be posted in 11-point type or larger.
We would recommend emailing to all residents in addition to posting in the lobby and/or sliding under doors.
EBMG Template For Memo: https://ebmg.com/wp-content/uploads/2014/08/EMERGENCY-NOTIFICATION-TEMPLATE.docx
Schechter & Brucker Original Memo: https://ebmg.com/wp-content/uploads/2014/08/emergency_preparedness_memo.pdf
NYC Office of Emergency Management: http://www.nyc.gov/oem
Find Your Flood Zone: http://www.floodzonenyc.com/
In Condominiums and Cooperatives, one of the factors that will play into whether your Unit Owners, Shareholders or the building as a whole can easily get financing is the percentage of investor-owned units. Investor-owned, in this case, is a unit that is sublet out. If a building has greater than 15% of their units sublet out by the respective owners / shareholders, the banks will take notice and may give an issue when trying to obtain financing.
There are some buildings that don’t allow subletting at all, but most will at least make it difficult or onerous to do so. A sublet fee based on a per share basis, a flat fee or a sliding scale for different years can be put into place to create soft income for the building. The theory is that the person who is subletting out their unit is making money on the transaction, so why not also create a fee within the building.
In NYC Cooperative buildings (or in all locations, really) adding someone to a stock certificate may seem like something that should be easily approved, but it is often a lengthy process.
The Cooperative Board of Directors is charged with protecting the interests of all of the Shareholders in the buildings, so when someone is being attached to the shares of a particular apartment, it is their fiduciary responsibility to ensure that this person will be able to financially afford to pay for the monthly maintenance, along with all other debts in their lives.
Even if this person has been living with the Shareholder for a lengthy period of time, most Boards will consider this transaction similar to a new purchase of an apartment and will ask for detailed reports on the financial activity of the new person applying.
These processes can also be costly. There are costs for application processing, Board review and then ultimately, the closing of a new stock certificate and proprietary lease.
Sometimes a Board of Directors in a Cooperative can overstep their bounds. Whether it’s from a lack of knowledge of what they can or can’t do or just a lax outlook on adhering to the building’s documents, Boards need to keep their limits in mind when making changes.
Recently, someone posed the question to the Habitat Magazine (http://www.habitatmag.com) forums asking if the Board can change the terms of the Proprietary Lease, to allow for Shareholders to now be responsible for the upkeep and replacement of windows. This was, according to the poster, done without the approval of the Shareholders at large.
The Proprietary Lease usually calls for a supermajority of Shareholders (either 66.6% or 75%, depending on the documents) to approve any changes to the Proprietary Lease or Bylaws. If there wasn’t a special meeting for this purpose or if it was not included on the agenda of the Annual Meeting, then the Board most likely made this change illegally.
We always advise our Boards to follow the law with regards to handling building documents to ensure that the rules and policies set forth are enforceable to the end.
From time to time a Unit Owner or a Shareholder will place an illegal sublet into their unit without the prior written authorization of the Board of Managers or the Board of Directors in that particular building. One Board Member had inquired if they could take it upon themselves to remove the sublet directly or if they needed to go to bat with the Shareholder in question, first.