In: queens property management
Between the years of 1992 and 2013 buildings that carried an assessed value of less than $40,000 were eligible to file for a J-51 for renovation work that qualified for the abatement. In 2013, the limits were tightened to an assessed value of $30,000 or less, leaving a large chunk of middle-income buildings in the lurch when it came to receiving abatements to offset the very expensive work that they were doing.
The New York City Water Board has unanimously approved a 2.1 percent increase in the city’s water and sewer rates, effective July 1, 2016.
Many buildings, both large and small, manage their properties in-house, without a professional management company involved. These buildings can be cooperatives or condominium complexes (or a mixture thereof). There’s certainly a benefit to self-management; the building saves on the fee that they would pay an outside company, but in some cases the dollars saved are not what they seem to be. There’s an upside to everything, but also a downside. Let’s explore this more in depth.
May 1, 2015
Local Law 11, Cycle 7 Amnesty Program
As we’ve covered before, Local Law 11 is one of the critical inspections and filing procedures for buildings that are large than six (6) stories within the confines of New York City. We’re now in Cycle 8 (info on that here). But if your building never filed for Cycle 7, and was required to, that would usually lead to harsh fines and penalties from the City. An Amnesty Program was just announced that should ease the burden and help the city stay safe at the same time.
Filing Window (Sub-Cycle) A: Last Digit of Block # 4, 5, 6 or 9 – February 21, 2015 – February 21, 2017
Did you know that if you reside in a building in New York City that is between 5 and 75 residential units and a customer to either ConEd gas or electric service, you are qualified to obtain a FREE ConEd Green Team Survey by a Green Team energy professional? As part of a program to incentivize buildings, and residential occupants, to save energy by using more energy efficient products, the Green Team professionals will evaluate all of your lighting and heating equipment and will offer energy-saving recommendations throughout your property.
The survey will arrive to the building owner or manager and will provide all of the information that you need in order to make a decision, based on their recommendations. There is no requirement to abide by their recommendations at any time.
In addition to the free survey report and recommendations, a Green Team professional will also install free CFL’s, water saving devices and smart strips in residential units. There is also the possibility of building owners receiving rebates for eligible upgrades to common area equipment, including lighting fixtures, LED exit signs, HVAC and building management systems.
To sign up for the survey or to obtain information on the process, you can call ConEd directly at 877-634-9443
Have you run into this scenario before; a Board member resigns during their term and the Board of Directors (or Managers), collectively, appoints a replacement to the position that was just vacated? It should be smooth sailing and without issue, but if this is a cooperative or condominium with an opinionated ownership base, they’ll want to know why the new Board member wasn’t appointed by the shareholders or owners, as a whole.
While it would seem that putting it out to all shareholders or unit owners would be a great idea, it’s not often done, for a variety of reasons. One reason is that it is difficult to get all shareholders and owners to another meeting that is not the Annual Meeting and it is much quicker to appoint someone who is interested in serving on the Board for the remainder of this term. In some cases, there may be a committee member who has been serving on the periphery of the Board and this is a great opportunity to increase their level of participation, if it has been shown that they have something to offer, beyond just filling an open seat.
The reason that the Board will have the final say of who to appoint, in most cases, is provided for in the Bylaws of the building. For instance, below is a partial section of the Bylaws from a NYC cooperative, as it pertains to Vacancies:
When any vacancy exists or occurs among the directors by death, resignation or otherwise, the same shall be filled for the remainder of the term by a majority of votes cast at a special meeting of the remaining directors duly called for the purpose or at any regular meeting of the directors, even though a quorum shall not be present at such special or regular meeting.
As you can see in the above paragraph, the Board has complete control over who they appoint to fill the remainder of the term that was vacated. This could be a period of only a few months or it could be a multi-year term that the new appointment will fulfill.
Just because an appointment was made to the Board does not mean that the shareholders or unit owners are completely without hope if they absolutely disagree with the new appointment. If for any reason they are completely unhappy with this appointment, or the Board in general, the could also look to their bylaws to remove either one or more persons from the Board. They would have to follow the passage in the Bylaws that pertains to removal. From the same NYC cooperative bylaws on Removal:
Any director may be removed from office at any time with or without cause and at the pleasure of the shareholders, upon affirmative vote of the shareholders of record taken at a shareholders’ meeting duly called for that purpose; provided, however, that the directors elected by the holders of Unsold Shares can be removed without cause by such holders of Unsold Shares who alone will have the right to designate a replacement.
There’s no way that each and every shareholder or unit owner will be appeased in each situation, and this is a great example of this. More often than not, the Board will have someone in mind to fill a space on the Board if one should become vacant for any reason during the term of service. It’s up to the shareholders or unit owners to take matters into their own hands if they feel their interests are not being properly represented by the existing Board members.
As I always say, if you’re unhappy with the Board you have, throw your name into the ring the next time around and get on the Board to make a change.
The New York City Department of Finance has recently changed its application process for the Co-op and Condo Property Tax Abatement (“CCA”) for unit owners. Unit owners can now apply for the CCA by completing the Homeowner Tax Benefit Application (click here to download). The revised application now includes CCA in addition to other benefits, such as STAR.
The following groups can now apply using this form:
– Unit Owners who purchased their unit / shares by January 5, 2015 are eligible to apply for the 2015 / 2016 tax year (July 1, 2015 – June 30, 2016). The filing deadline for this tax period was March 16, 2015.
– Unit Owners who purchased their unit / shares after January 5, 2015 should apply for the 2016 / 2017 tax year when that application (the updated links in this post now point that new link).
Please note that to be eligible, you must must use the subject unit as a primary residence and you can not own more than three residential units in the co-op or condo development.
If the unit is owned by a business entity, such as an LLC or a sponsor, your unit is not eligible for the abatements from the city.
In order to apply for the Abatement, you can view and download the application at this link: http://www1.nyc.gov/assets/finance/downloads/pdf/payment_operations/exemptions_appl.pdf or you can call 311 and have the application mailed to you.
In addition, as a new policy that is in effect for 2015, an application will be given out at each closing for a new Shareholder or Unit Owner so that they may have the information as soon as they purchase a unit.
In January 2014, NYC enacted a new rule for those properties that had a retaining wall that is greater than 10-feet high and located on a public right of way. Local Law 37 of 2008 now dictates that all of those properties that fall into that category have their retaining walls inspected every five (5) years to determine if they are Safe, Safe with a Repair and Maintenance or Unsafe.
If you’re familiar with Local Law 11 for the facade, then you’ll be familiar with this as well. Depending on where your building is located, you will need to file in the year that is attributed to your borough.
2016: Staten Island
The DOB provides civil penalties of $1,000 per year for failure to file, plus $250 per month penalty until the property owner is in compliance. Failure to repair an unsafe condition carries a $1,000 per month fine until corrected.
We would recommend that all properties that are now required to inspect and file their properties talk to a local engineer that is qualified to perform the inspection and file on your behalf.