Page 5 - CooperatorNews July 2021
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COOPERATORNEWS.COM
COOPERATORNEWS —
JUNE 2021
5
QUESTIONS & ANSWERS
Legal
Q
A&
continued on page 13
Representing residential and commercial property
owners and management companies throughout
the metropolitan area for over forty years.
General Representation of Cooperatives & Condominiums
Mortgage Refinances & Condominium Loans
Landlord-Tenant Proceedings
Real Estate Litigation
Transfer Agent
Foreclosure
Bankruptcy Proceedings
Attorney General Filings
Land Use & Zoning
Closings
Contact:
Email:
Websites:
Eric M. Goidel, Esq.
egoidel@borahgoldstein.com
directorprotector@borahgoldstein.com
www.borahgoldstein.com
www.directorprotector.com
Manhattan Office
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377 Broadway New / York, NY 10013 T: (212) 431-1300
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Queens Office
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108-18 Queens Blvd Forest Hills, NY 11375 T: (718) 263-6611
l
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Water Temperature Problem
Q
I live in a prewar co-op build-
ing. It takes 5-10 minutes for the
cold water in my kitchen and
bathroom to get truly cold. It starts out
warm or lukewarm (75-82 degrees Fahren-
heit) when I fi rst turn it on, and it’s very
frustrating. Th e super looked at it and says
it’s a problem in my apartment line some-
where. Others on my line have this issue,
and other residents on diff erent lines also
have this same complaint and more, such
as low water pressure, or no hot water for
showers. Th e super thinks that locating the
problem will cost thousands of dollars, and
some board members don’t think there’s
a problem. Th ere’s defi nitely a problem in
my apartment line located either within
the walls somewhere or the basement
where the water tanks are. Are the building
staff required to fi x it regardless of cost or
diffi culty? Can I sue for breach of contract
since they’re refusing to address a water
problem and water is considered a “com-
mon element”? Please let me know what I
can do because it’s a very frustrating, unfair
situation.
—Where’s My Cold Water?
A
“Pursuant to the Business
Judgement Rule,” says Stu-
art M. Saft , a partner at the
New York law fi rm of Holland & Knight
in Manhattan, “the board of directors of
an apartment corporation has complete
discretion in the operation of the building
and, unless there is a showing of bad faith,
discrimination, or self-dealing, the court
will not intervene in the operation of the
building. Th e corporation’s obligations are
described in the Proprietary Lease that you
signed when you acquired your interest in
the apartment. However, the board must
also comply with New York City’s Multiple
Dwelling Law, which mandates in 27-2031
‘Supply of hot water; when required. Ex-
cept as otherwise provided in this article,
every bath, shower, washbasin and sink in
any dwelling unit in a multiple dwelling or
tenant-occupied one-family or two-family
dwelling shall be supplied at all times be-
tween the hours of six a.m. and midnight
with hot water at a constant minimum
temperature of one hundred twenty de-
grees Fahrenheit from a central source of
supply.’
“It may cost thousands of dollars to
solve the problem, but the corporation’s
failure to do so could result in the corpora-
tion being fi ned if a Department of Build-
ings inspector issues a violation for the in-
fraction. Of course, the cost of the repair
will fall on all the shareholders in increased
maintenance or an assessment.”
Tainted Elections?
Q
I am a shareholder and current
member of the board of direc-
tors running for reelection in
my co-op. At the meeting prior to the elec-
tion, myself and the attorney for the co-op
were engaged in a verbal dispute. Th e at-
torney became very angry with me, and
said that he was told by someone he trusts
that I called him a crook. Th e attorney in-
dicated that he could sue me for slander. I
told him that I can speak to other attorneys
if I choose to. It ended with me asking him
why he was taking this board issue with me
so personally.
At the elections, we did not have a quo-
rum and the other members decided to
keep the elections open for a month. So
the ballots were given to management to
take with them back to the offi ce to hold in
case they received the additional ballots to
reach a quorum. I am not comfortable with
management handling the ballots without
an independent outside person watching
them. At this point, I feel the election has 
