Page 49 - NY Cooperator Expo April 2019

COOPERATOR.COM THE COOPERATOR — APRIL 2019 49 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 and Westchester. “There aren’t a lot of options, though. Basically, you need the super to man the front door to keep it open and under surveillance.” In extreme cases like Superstorm Sandy, where pow- er was out for days, “a backup battery- powered generator wouldn’t work either,” Halper says. “The battery wouldn’t last that long. So you still need the super.” While not as acute, one other major drawback could still be critical. In con- junction with apps on your smartphone, fob systems can be synchronized to pro- vide remote access from almost any- where. You could be in the Caribbean on vacation, and if someone wants to be buzzed in to your building, you can buzz him or her in through a phone call. That may sound great – and in many ways, it is – but these apps don’t necessarily come with video capability, and that’s the big drawback. You might buzz in someone you didn’t want there. “Old-fashioned buzzer systems are secure,” says Maun- sell, “in the respect that you only buzz someone in if you’re in your apartment. With phone entry, you could be any- where – and that’s less secure.” Cost Dahlin says the cost of fob systems is dropping due to the proliferation of technology, and because of increas- ing demand on the part of residents and building and community managers. “People want this,” he says. A very simple system can cost under $700 to install and get up and running. The cost of entry is lowest for new construction, where a fob system and any other complementary technology system are installed during the build-out of the property. Retrofits of older buildings without any existing technology are more expensive, as retro- fits are more labor intensive. Such proj- ects may also involve extensive physical changes required to run wires and other equipment and components throughout the property. For buildings and associations looking to retrofit their properties with key fob systems, Maunsell recommends install- ing a fob system with a unified platform, which is the most complete iteration of the technology. That platform generally includes keyless entry, surveillance and intercom, one program on one server on one platform. So while we may mourn the days when everyone just left their doors open, we can also rest easier now, knowing that at least some forms of technology may have made us a little safer. n A J Sidransky is a staff writer/reporter for The Cooperator, and a published novelist. KEY FOBS... continued from page 41 “Because the writer does likely have a clear path to achieving her desired result through judicial intervention, it would be wise for her to first approach her fian- cé and explain her right to seek partition and request that they jointly agree to sell the apartment to a bona fide third-party purchaser, rather than endure the court proceeding and additional costs and ex- penses that will necessarily be incurred. If he agrees, they could enter into an agree- ment whereby they agree upon the logistics of the sale and terms they will accept.” Penalizing Neighbor for Noisy Grandkids Q I have an upstairs co-op share- holder who hosts four grandchil- dren every weekend, and allows them to run, jump, stomp, and roughhouse late into the evening from the time they ar- rive on Friday until they leave on Sunday around 9:00 pm. A letter produced by the co-op’s lawyer was sent to the shareholder ordering them to stop the noise, as well as to install floor coverings – to no avail. Can the co-op issue a fine and add to the house rules that if anyone in the co-op doesn’t abide by the rules the will be charged a fine for not complying? —Desperate for Weekend Peace A “Answering the direct ques- tions first; the law on fines is pretty much settled at this point,” says attorney Andrew Brucker of Montgomery McCracken Walker and Rhoads, LLP, which has offices in New York, New Jersey, Pennsylvania, and Delaware. “In order for the board to fine shareholders who break the rules, there must be authori- ty in the proprietary lease. Even general au- thority would be fine. For example, a lease that states that the board has the right to fine up to $100 per violation of the house rules or lease would probably be enough. There is no authority to allow a cooperative board to amend its house rules so as to give the board the right to fine tenants. “Having said that, however, it seems that the upstairs shareholder has violated the lease by not complying with the carpet- ing rules. Most co-ops in New York have a rule that at least 80 percent of the flooring – excluding bathrooms and kitchens – must be carpeted. In addition, most co-ops have a lease provision that noises are not sup- posed to emanate from an apartment which disturb neighbors. So the lawyer’s letter to her should have had some teeth. After all, tenants can have their lease terminated if they are in default of their lease, and that in turn leads to eviction. So pressure should be put on the board to do something. Q&A continued from page 7 “But then there’s the reality of life. Grandchildren make noise, and there is no stopping this. I would strongly suggest that she speak to her upstairs neighbor nicely, and discuss the facts that grandchildren can be a blessing, but they can also be an annoyance at times. I would advise that the parties work something out and come to an understanding. Certainly, the downstairs neighbor must understand that there will be noise when one lives in a multiple dwell- ing – and many court decisions have said just that. On the other hand, the upstairs neighbor should be aware of the noise they are making, and she should make an effort to speak to the children. “Keep in mind that if noise is so in- tense that it violates the New York City law against too much noise, then this situation is elevated to another level. The downstairs neighbor could bring in a noise expert to monitor the noise and take readings if she believes this to be true. But my guess is that this is not what is happening here. “Noise (and cigarette smoke) are the two toughest issues that face co-op boards. In most cases, there are no simple solu- tions.” n Do you have an issue with your board? Are you wondering how to solve a dispute with a neighbor? Can’t find information you need about a build- ing’s finances? Our attorney advisors have the answers to all of your legal questions. Write to The Cooperator and we’ll publish your question, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clar- ity. Send your questions to: david@ cooperator.com. Q&A Disclaimer: The answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specific circumstances. Always seek the advice of competent legal counsel or other qualified profes- sionals with any questions you may have regard- ing technical or legal issues. Transactions Race Car Driver Lists Condo for $55M Imagine buying a $44 million condo but then never living in it; that’s what Formula One race car driver Lewis Hamilton reportedly did when he purchased a condo at 443 Greenwich St. in Manhattan in 2017. Now, according to the New York Post , Hamilton is selling the condo that he never resided in for $55 million. The condo measures 8,900-square-feet and includes five bedrooms, six bathrooms, a chef’s kitchen, and PULSE continued from page 6 continued on page 50