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Question about Condo board for new construction

Started by Mack123
almost 16 years ago
Posts: 59
Member since: Oct 2009
Discussion about
I'm a newbie to condos, having previously only lived in coops and rentals. Recently purchased in a newly constructed condo. The developer/managing agent is still in place, but I'm wondering about what happens when the developer is ready to turn the building over to a condo board which should be soon. Can anyone share info on the process... some specific questions are: 1) What does a condo board do... [more]
Response by ab_11218
almost 16 years ago
Posts: 2017
Member since: May 2009

1) exactly what the coop board does. ensure that the staff is working, the building is maintained, approve buyers (right of first refusal), etc.
2) if you read some of the threads, you'll see that many board members get handouts. others like to be in power.
3) voting, like anywhere else. people present themselves in bios, etc. just like in established coops/condos.

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Response by aifamm
almost 16 years ago
Posts: 483
Member since: Sep 2007

The board turnover/transition is not immediate. They will start to replace the board seats. If your developer is solid, it may not be a good thing to go to owner board.

Board members also take a lot of crap from people... complaints etc.

In my building, people submitted a short blurb about themselves and made a short speech. Pretty obvious who will be elected IMHO when you see the yahoos that show up.

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Response by semerun
almost 16 years ago
Posts: 571
Member since: Feb 2008

In my building the board transition was immediate since the sponsor sold out within a few months of the Temp. Certificate of Occupancy being issued and they honestly didn't want to be involved beyond that. We are a small building.and were effectively self-managed within a few months of moving in. In my building no one really wanted to be on the Board, but we effectively twisted some arms. I was one of those that got my arm twisted to become Treasurer once my neighbors found out I had a financial background. I didn't really want to become treasurer but since others were either entirely unwilling or did not know how to manage the finances- I reluctantly stepped up.

aifamm is right, I have taken a lot of crap from people- at least initially. Over time, I pressured others into relieving me of my responsibilities once I got us on a solid track- and since then they still come to me for guidance rather than just complaints. While ab_11218 is probably right about point #2 and #3 in many buildings, it just wasn't the case in mine.

Since we did not have a managing agent, my role as Treasurer was to ensure we had a budget that we could stick to, I collected/deposited/tracked common charges, paid the bills for the building, offered all sorts of advice regarding projects planned and imagined, etc. Since I had no prior experience at property management, it meant spending lots of time reading NYC real estate forums, learning about inspection compliance (i.e. Local Law 11, boiler inspections, elevator inspections).

I have learned a lot in the short period I have managed the building.

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Response by Truth
almost 16 years ago
Posts: 5641
Member since: Dec 2009

Yes, they get the benefit of deciding how to spend the Condo's money. Oversee the managing agent. Get treated like the Royalty of the building.

No offense to semerun. or, to anybody else doing it for the right reasons.

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Response by Riversider
almost 16 years ago
Posts: 13572
Member since: Apr 2009

Must be a small building if semerum has no managing agent doing this work

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Response by semerun
almost 16 years ago
Posts: 571
Member since: Feb 2008

Truth is absolutely correct (and no offense taken). If your spending the condo's money- it probably would be easy to assign a contract to a friend- and it wouldn't surprise me if kickbacks were involved in some cases especially in a larger building

Riversider, yes, the building has less than 15 apartments. We did hire a managing agent last year since it was taking up so much of my time. Almost a year in, we are likely firing the managing agent- because all the areas that I managed effectively and timely the managing agent has screwed up. Seriously, it shouldn't take 2 months to deposit common charge checks.

Anyone have any good recommendations for managing agents that will take a small building? We are interviewing a few next week- but it couldn't hurt to get additional recommendations.

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Response by Truth
almost 16 years ago
Posts: 5641
Member since: Dec 2009

If you are considering The Lovett Company -- cross them off your list!

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Response by wisco
almost 16 years ago
Posts: 178
Member since: Jan 2009

we have a smallish condo with a management company. board works with management company to ensure that all problems are dealt with and to make ongoing maintenance decisions. we have some smart people on our board. it's all good.

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Response by ab_11218
almost 16 years ago
Posts: 2017
Member since: May 2009

semerun, my advise would be to hire a part time person to do some of the "grunt" work. i've worked with at least 10 of them and found most to be partially to completely incompetent. the worst part is, that all of them skim off the top on all repair bills.

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Response by Mack123
over 15 years ago
Posts: 59
Member since: Oct 2009

Thanks everyone. It looks like the condo board is even less interesting to me than being on a coop board was. I'm slightly disturbed about the kickback and skimming off the top theme running through this thread. Any ideas on how to combat that?

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Response by Truth
over 15 years ago
Posts: 5641
Member since: Dec 2009

Mack: When I owned a coop, the super was a super-skimmer. When I took legal action; he threw the blame on the live-in handyman and got him fired. Close, but no cigar.

When I moved into my condo, the super was taking kick-backs galore; and shaking residents down for money in exchange for services. Somebody must have threatened legal action; because one day--he was suddenly gone. The condo board had the managing agent send a memo to all owners that stated the super had resigned to go take a new job. Yeah, right!

The part-time doorman/porter was "promoted" to become the new super. He gives out business cards, whenever anybody other than the sponsor or the board members need the smallest thing repaired. Then he gets a kick-back from those business buddies of his.

Pretty soon, he and his pink shirt are going to be history.

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Response by clemencedane
over 15 years ago
Posts: 15
Member since: Feb 2010

Do people get paid to be on the condo board or is it a volunteer position?

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Response by Truth
over 15 years ago
Posts: 5641
Member since: Dec 2009

No, they don't get paid. And, every time they run into a problem that they have avoided addressing, at the unit owners annual meeting -- they point that out.

As if they don't get benefits from their position. They are treated like royalty, do whatever they want, and in my experience; they break the condo rules more than anyone else. Never mind: not paying certain fees, and getting special treatment from the super and the staff.

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Response by NYCMatt
over 15 years ago
Posts: 7523
Member since: May 2009

"approve buyers (right of first refusal)"

Technically correct. But this is not to be confused with how co-op boards approve buyers -- and the information that co-op boards are allowed to ask for.

Condo "boards" are legally allowed to ask only for the buyer's name and current address. That's IT. Condos requiring "packages" similar to co-ops of prospective buyers is illegal.

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Response by ph41
over 15 years ago
Posts: 3390
Member since: Feb 2008

Matt- don't know if it's illegal for a condo board to ask for a full package, but I know for a fact that 160 West 66th Street certainly did.

And why exactly is it "illegal" for a condo to ask for all the financial info and reference letters, even if they can't do too much about it (other than first refusal).

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Response by NYCMatt
over 15 years ago
Posts: 7523
Member since: May 2009

"Matt- don't know if it's illegal for a condo board to ask for a full package, but I know for a fact that 160 West 66th Street certainly did."

That doesn't make it legal. That just means that they made an illegal request, and applicants complied with it without challenging it.

***

"And why exactly is it "illegal" for a condo to ask for all the financial info and reference letters, even if they can't do too much about it (other than first refusal)."

Because condo "boards" are not corporate boards of directors like co-op boards are; they are merely an association of homeowners. "Right of first refusal" means only that they can block the sale from going through PERIOD, not necessarily based on the "worthiness" of any given applicant. Their veto power goes only so far as "we don't want this unit to be sold", not "we don't want this unit sold to YOU". Co-op boards, conversely have an entirely different task, as they are evaluating the entry of a new shareholder into their corporate entity.

Apples and oranges.

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Response by Truth
over 15 years ago
Posts: 5641
Member since: Dec 2009

My condo board asks for "packages and references". It doesn't surprise me that it's illegal. They are a bunch of the most dishonest, unethical people.
ph: 160 W.66th is a building I have been to, visiting a friend. He's up on a high floor: THE best view I have ever had the pleasure of enjoying, in Manhattan!

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Response by se1
over 15 years ago
Posts: 12
Member since: Dec 2009

NYCMatt,

Most Condo Boards ask for packages and review them to determine if they want to exercise their right of first refusal on a rental or sale.

You say it is illegal.

Please provide support for your assertion. Thanks.

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Response by mwade
over 15 years ago
Posts: 137
Member since: Mar 2009

the offering plans I have seen regarding a condo board exercising its right of first refusal means that the board would have to BUY the unit out of the condo reserve fund. This is highly unlikely. They cannot block the sale outright just because they feel like it. The owner of a deeded property ( condo ) has the right to sell it whenever to whomever they want barring any restrictions on the deed. What is legal or not depends what's in the offering plan.

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Response by NYCMatt
over 15 years ago
Posts: 7523
Member since: May 2009

"YCMatt,

Most Condo Boards ask for packages and review them to determine if they want to exercise their right of first refusal on a rental or sale.

You say it is illegal.

Please provide support for your assertion. Thanks."

***

You're asking me to prove a negative in law. That's impossible.

Rather, prove to ME what laws on the books give condo associations the authority to ask for this information.

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Response by plaroche
about 15 years ago
Posts: 5
Member since: Dec 2010

NYCMatt- For something to be illegal there has to be a law prohibiting it. You're stating that it's illegal for the condo board to ask for more information than name and address. If there hasn't been a law established to prohibit them from doing so, then simply requesting that information isn't illegal.

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Response by nyguy7
over 14 years ago
Posts: 60
Member since: Jul 2009

It's not illegal for Condo boards to ask for financials. They just can't turn you down if they don't like what they see except for using the first refusal clause which most condos can't afford to do anyway. They can however just drag the process out long enough for the buyer to walk away.

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