Page 10 - CooperatorNews NY February 2022

Please submit Pulse items to Darcey Gerstein at darcey@cooperatornews.com 10 COOPERATORNEWS — FEBRUARY 2022 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 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   516-485-9600 adler@basslemer.com Re Pro 2 J H Ans C R Te Please submit Pulse items to Darcey Gerstein at darcey@cooperator.com 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 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. YOU’RE GOING TO NEED BOARD APPROVAL FOR THAT! PLAN REVIEWS crocosms of the broader human condition, co-op and condo communities refl ect this reality. Th e harshness of fear, uncertainty, and isolation drives some people to act in antisocial—even harmful—ways. But many others are driven to look for new ways of coping, helping, and reinventing. Because the communal and social aspect of living in a multifamily community is part of its ap- peal, its residents are more apt to reach out to neighbors, create safe community activi- ties, and demonstrate patience and fl exibil- ity with ever-changing rules and guidance. Just like in the rest of the world, there are the outliers who disrupt, but with the right poli- cies and professionals, co-ops and condo as- sociations have the means to handle them, even if COVID continues to present addi- tional challenges. n Darcey Gerstein is Associate Editor and a Staff Writer for CooperatorNews. DEALING WITH... continued from page 9 vote, most bylaws permit a board to make expenditures for ‘repairs or replacements’ without a unit owner vote. Many bylaws contain restrictions on board power when making ‘alterations, improvements, and ad- ditions’ and a specifi c percentage of unit owners may need to approve expenditures over a certain threshold. In your building, you seem to indicate that there is a $10,000 threshold, but since you also indicate that these were repairs, I would wager a guess that in your building, unit owner approval was not required for these repairs. “Th is is not the fi rst time a unit owner has been concerned about expenditures for repairs in condominiums. However, there have been a number of cases where unit owners sought to challenge assessments that condominium boards implemented to make repairs. In these cases, courts have regularly determined that there is a diff er- ence between ‘alterations, additions, and improvements’ which required obtaining unit owner approval in those buildings, and ‘repairs or replacements,’ which did not re- quire such approval in those buildings. At the risk of being repetitive, you must look at the bylaws in your building for specifi c guidance about whether your board was required to obtain unit owner approval for this project or not. “With respect to the question about a transfer of a unit owned by the board of managers, that is also likely governed by the article of the bylaws on ‘Powers of the Board.’ Some bylaws allow boards to acquire and convey units. If that is the case, and pro- vided there was no bad faith, self-dealing, or other wrongful act, a court would be un- likely to interfere with such a transfer. “Finally, your board should be noticing and conducting annual meetings, and board members should be elected in accordance with the bylaws. Over the last 20 months, bear in mind that some boards have had de- lays and other issues holding annual meet- ings due to COVID. If that is the case in your building, and you are unable to gather enough unit owners to petition the board, rather than viewing yourselves as ‘being stuck,’ it may be more advisable to seek in- formation from your board about their rea- soning for any delay and their goals. Once you have the facts, you may fi nd that a solu- tion reveals itself.” n “Th ese exclusive homes feature extraordi- nary proportions, gracious outdoor space, as well as panoramic views that overlook the Upper East Side neighborhood, Central Park, and the East River.” Move-in ready and available for viewing by appointment, the Beckford Tower penthouses feature private elevator entries that lead into gracious entry foyers and galleries. Th e homes feature light-fi lled living spaces with 13-foot-plus ceilings and large windows, setback private terraces with breathtaking views, and separate Christopher Peacock-designed eat-in kitchens with adjoining breakfast rooms. Th e corner primary bedroom suites include private terraces, generous dressing rooms, and fully equipped wet bars, along with marble-adorned primary baths. Amenities at Beckford Tower, which are located on the fi rst fl oor and two lower levels of the building, include over 17,000 square feet of private club-like spaces with a reception room and library, a piano bar and lounge that “looks and feels like a private members club,” per the release, a fully equipped game room, a children’s playroom designed by Roto, and an upscale party room with an adjoined catering kitchen. Wellness amenities include a double-height basketball half-court and fi tness center, yoga and training studios, and a 65-foot indoor swimming pool with hot tub, relaxation area, steam room, and changing rooms. n PULSE continued from page 4 Q&A continued from page 5