Page 18 - CooperatorNews New York September 2021

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18 COOPERATORNEWS —
SEPTEMBER 2021
COOPERATORNEWS.COM
ATTORNEYS
Abrams Garfi nkel Margolis Bergson, LLP
1430 Broadway, 17th Floor, New York, NY 10018
212-201-1170 • www.agmblaw.com
Barry G. Margolis, Esq. • Robert J. Bergson, Esq.
Himmelfarb & Sher, LLP • (914) 682-0040
Cooperative and Condominium Law—Real Estate Closings
One North Broadway, Suite 800, White Plains, NY 10601
Contact: Ronald A. Sher, Esq. • Norman D. Himmelfarb, Esq.
Law@himmelfarb-sher.com • Direct Dial: 914-461-0220
ACCOUNTANTS
ARCHITECTS
SERVICE DIRECTORY

Over 30 years of coop & condo experience

Hands on Personal Attention Timely Service

Contact: Gary Adler, CPA Sarah Haar CPA


www.bassandlemer.com
516-485-9600
adler@basslemer.com
Contact: Lauren Ziemba, CPA Sarah Haar, CPA
lziemba@basslemer.com
n
n
Cesarano & Khan, PC
Certified Public Accountants
PROVIDING PROFESSIONAL SERVICES TO
THE COOPERATIVE AND CONDOMINIUM COMMUNITY
Reporting on Financial Statements • Tax Services
Budgeting & Consulting • Election Tabulation Services
For additional information, contact
Carl M. Cesarano, CPA
199 JERICHO TURNPIKE, SUITE 400 • FLORAL PARK, NY 11001
(516) 437-8200
and
718-478-7400 • info@ck-cpas.com
cesarano &khan1_8 use this_:cesarano &khan 4 7/22/15 4:59 PM Page 1
FSI
ARCHITECTURE
Restoration
Preservation
Investigation
Interior Design
307 7th Ave, #1001
New York, NY 10001
FSI.NYC
212.645.3775
110 E. 42nd Street, 17th Floor
New York, New York 10017
Robert J. Braverman, Scott S. Greenspun
(212) 682- 2900
www.braverlaw.net
rbraverman@braverlaw.net
sgreenspun@braverlaw.net
Braverman Greenspun, P.C.
ATTORNEYS
Abrams Garfi nkel Margolis Bergson, LLP
1430 Broadway, 17th Floor, New York, NY 10018
212-201-1170 • www.agmblaw.com
Barry G. Margolis, Esq. • Robert J. Bergson, Esq.
Him
Coo
One
Conta
Law@
Belkin Burden Wenig & Goldman, LLP
Specializing in all aspects of Cooperative and Condominium
Law including Landlord/tenant proceedings.
Copy of Monthly Newsletter available upon request.
(212) 867-4466 contact: Aaron Shmulewitz/Daniel Altman
ashmulewitz@bbwg.com/daltman@bbwg.com
www.bbwg.com
w
462
•
• Lan
Real
• Zon
Rig
Contact:
Three
48
New Y
A full service real estate law firm serving
the cooperative and condominium community
Eric M. Goidel, Esq.
egoidel@borahgoldstein.com
(212)431-1300, Ext.438
Manhattan: 377 Broadway l New York, NY 10036│(212) 431-1300
Queens: 108-18 Queens Blvd│Forest Hills, NY 11375│(718) 263-6611
www.borahgoldstein.com
ARCHITECTS
architecture
interior design
engineering
project management
forensic investigations
307 7th Avenue, Suite 1001, New York, NY 10001
Tel. 212.645.3775 Fax. 212.645.4099
Form Space Image ARCHITECTURE PC
Contact: Gary Adler, CPA Sarah Haar CPA
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516-485-9600
adler@basslemer.com
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Ans
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18 THE COOPERATOR —
JUNE 2020
New York Residents Notice Mail Delays
During Pandemic
While “Neither snow nor rain nor
heat nor gloom of night stays these cou-
riers from the swift completion of their
appointed rounds,” as the United States
Postal Service’s motto goes, CBSNewYork
reports that the organization has experi-
enced delays in service as a result of the
COVID-19 pandemic—and New Yorkers
are noticing.
CBSNewYork reports that according
to some Bronx residents, they haven’t re-
ceived their mail—including packages,
bills, and medications—in almost a week.
Maryann Monte, a retiree who lives in an
apartment building in Kingsbridge, indi-
cated that she received an email from her
building stating that their local post of-
fi ce has been “inactive, apparently due to
numerous employees’ COVID-19 related
exposure and/or diagnosis.”
At one Riverdale co-op, says CBS,
rumors have been circulating that coro-
navirus has ripped through the local
post offi ce, resulting in noticeable mail
delays. Co-op resident Kevin Ploth tells
CBS, “I’ve noticed, along with some of my
neighbors—we have a mailman who we
know by name, and the last we saw of him
was Th ursday of last week.”
When CBSNewYork reached out to
USPS regarding the delays, a spokesper-
son’s response was, in part, “[W]e con-
tinue fl exing our available resources to
match the workload created by the im-
pacts of the ongoing coronavirus pan-
demic.” In other words, completion of ap-
pointed rounds will not be “stayed” by the
pandemic—yet—but it may be less “swift ”
than the delivery times to which we’ve be-
come accustomed in the 21st century.
CBSNewYork notes that while the
Centers for Disease Control and Preven-
tion (CDC) and the World Health Orga-
nization (WHO) say there’s no evidence
of the virus spreading through contact
with mail or packages, at least one study
has shown that coronavirus can remain
on surfaces such as cardboard for up to 24
hours. Th erefore, it is recommended that
any packages be left outside the home for
at least that time period, and to clean any
surfaces with which the package comes
in contact. And—of course—wash your
hands aft er handling any mail or packag-
es, or anything else received from outside
of your home.
n
bylaws tracks the language of the BCL, but
typically provides that shareholders can re-
move directors with or without cause.
“Th erefore, in order to remove the presi-
dent as an offi cer and a member of the board
of directors, it would generally require a
majority vote of the board of directors to re-
move him as president and a majority vote
of the shareholders to remove him from the
board of directors. Before holding a special
meeting of the shareholders to remove the
president, the board might consider re-
questing that the president voluntarily re-
sign as an offi cer and director.
“2. New York case law provides that cor-
porate directors have an absolute and un-
qualifi ed right to inspect corporate books
and records.
“3. We recommend that the board mem-
bers fi rst try to resolve the matter internally
and carefully review the petty cash records.
If the records reveal that the president was
using the money for personal gain, then the
board can potentially fi le a lawsuit against
the president for conversion and breach
of fi duciary duty. We recommend that the
board fi rst try to convince the president to
make restitution, resign, and not seek re-
election.
“If the president insists on discussing
this matter with other shareholders, the
other directors can present any factually
accurate information and documents to re-
fute the president’s statements, which will
bar any liability for libel or slander claims.”
Bilked by Bulk Billing
Q
Th e bylaws of [my co-op] cur-
rently charge utility costs—water,
sewer, heat/AC, and electric-
ity—to our shareholders on the basis of the
number of shares each unit is assigned. Th e
shares apportioned are variable depending
on unit size, location, etc.
A year or so ago we negotiated a build-
ing-wide cable and internet deal with a
provider that is based on the number of
units in the building, 240. When individual
units are charged, it is on the basis of shares,
which results in the per-unit cost varying
widely. Th e board considered proposing a
change to the bylaws to permit charges such
as these to be done simply on a per-unit ba-
sis versus a share basis. As you can imagine,
those that were paying less were opposed;
those paying more were for.
My question is: Is there a standard prac-
tice in NY for charges such as internet and/
or cable? Clearly when the original bylaws
were developed 50-plus years ago, internet
and cable did not exist.
—Looking for an Even Split
A
“It is not uncommon for co-
ops and condominiums to
have a ‘split’ billing system
for services like cable TV and internet,”
says Aaron Shmulewitz, partner at Belkin
Burden Goldman, LLP, in New York City.
“Many buildings enter into a ‘bulk billing
agreement’ with a provider, in which the
building pays a fl at monthly bulk amount
for basic service with a minimum number
of apartments guaranteed, with premium
services billed to each apartment owner
separately, depending on the level of pre-
mium service (s)he desires. In doing so: (i)
the fl at monthly bulk amount is included
in the building’s operating expenses, which
are spread among the apartment owners
on a per share basis (or common interest
percentage basis in condos), so that larger
apartments will generally pay more than
smaller ones, and (ii) each apartment owner
pays for his/her own premium service sepa-
rately, directly to the service provider.”
n
Q&A
continued from page 7
Disclaimer: Th e answers provided in this Q&A
column are of a general nature and cannot
substitute for professional advice regarding your
specifi c circumstances. Always seek the advice of
competent legal counsel or other qualifi ed profes-
sionals with any questions you may have regard-
ing technical or legal issues.
Tsai is also owner of the Brooklyn Nets
NBA team and holds operating rights to the
Barclay’s Center, the home arena of the team.
Th e arena is also home to the WNBA’s New
York Liberty team, which Tsai also owns. He
additionally sits on the board of NBA China,
reports CNBC.
According to CNBC, Tsai oft en attends
Nets games and told the New York Post he
planned to become more visible in New
York aft er buying the team in 2019. “New
York is an incredible city. I have an affi nity
for New York,” he told the Post. “My fi rst job
aft er law school was in New York. I met my
wife here. So New York to me is my second
home.”
Bloomberg Billionaire’s Index estimates
Tsai’s worth at $10 billion.
n
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