Page 18 - CooperatorNews NY April 2022

18 COOPERATORNEWS — APRIL 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. Do you have an issue with your board? Are you wondering how to solve a dispute with a neighbor? Can’t fi nd informa- tion you need about a build- ing’s fi nances? Our attorney advisors have the answers to all of your legal questions. Write to CooperatorNews New York and we’ll publish your ques- tion, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clarity. Send your questions to: Darcey@cooperatornews.com Q&A the shareholders. You should have an at- torney review your cooperative’s bylaws on how a special meeting may be called by shareholders and follow those procedures if the board continues to ignore your de- mand.” n outlet, the board debated how to repurpose the room for the 21st century, and formed a committee for its revitalization in 2019. Now known as the Club Room, the for- mer “sore spot” of the building has been re- designed to off er diff erent areas to dine, play, and just relax, according to Curbed. It incor- porates elements of the room’s history—the “great jazz and classic rock records” left be- hind by members past “and some of the art- work \[that\] we were able to repurpose and utilize,” according to Jory Sutton, member of the Club Room committee—along with new fl oors, electric, drywall, and furnishings. According to the outlet, the purpose of the Club Room is not just to honor the history of the building, but also to get people together again. Although the room has not offi cially reopened yet, Sutton says, “we’ve held some open house tours with co-operators, young and old, who are so incredibly happy to see this transformation.” n PULSE continued from page 4 Please submit Pulse items to Darcey Gerstein at darcey@cooperatornews.com Another COVID-Canceled Meeting Q Our annual shareholder meet- ing is to be held each April (per our bylaws). However, when COVID started in March 2020, our 2020 annual meeting was canceled and we have not had one since. Th e last meeting was held in April 2019. When I’ve contacted our board of directors and management company asking when one will be held or scheduled, they keep telling me that they can’t hold one at this time. I don’t under- stand why and when I attempt to reach them for more information, they refuse to respond to my requests. Do you know what I can do or who I can contact that would be able to have the authority to make our board schedule a meeting, ei- ther in person or via Zoom? Our bylaws state this is a must, and as shareholders we want and deserve this to happen. Is there someone who has power over our BODs? Should I be submitting a com- plaint with the Bureau of Consumer Pro- tection in the Offi ce of the Attorney Gen- eral? —Feeling Ignored A “Th ere is no excuse for not holding an annual share- holders meeting, which is a crucial component of ensuring sharehold- er democracy in a cooperative corpora- tion by electing directors and holding the board of directors accountable,” says Slava Hazin, partner in New York City law fi rm Warshaw Burstein. “In the fi rst instance, the New York Business Corporation Law (BCL) permits corporations, including cooperative housing corporations, to con- duct board actions electronically and to hold virtual shareholder meetings. Dur- ing the pandemic, Governor Cuomo is- sued an Executive Order that suspended the requirement of having in-person shareholder meetings. In April 2021, the New York Legislature amended the BCL to permit virtual shareholder meetings, with an expiration date of December 31, 2021. However, in November 2021, Gov- ernor Hochul signed a law making this change permanent. Th us, if the board and the managing agent do not want to hold an in-person meeting so as to prevent the spread of the COVID virus, they have the option of conducting a virtual meeting. Second, Section 602 of the BCL requires annual meetings. In the event that the board does not hold an annual meeting, both New York law and your cooperative’s bylaws provide for a special meeting of shareholders that may be called by either the board, a person authorized to do so by the bylaws, or by a certain percentage of Q&A continued from page 5 place on their unit owners and prepare their residents for whatever restrictions may be in advance of the work done.” When it comes to fl ying the fl ag, Schneider says that the state can’t enact a state law that’s contradictory to a federal law. “But they can challenge that if they don’t like the decisions and the laws,” he says. Any Recourse? If a resident does feel wronged, Schneider suggests writing to the board and mediating the dispute to solve it amicably. “It depends on what the request is,” he says. “People want to update their homes but the board is empow- ered to deny that type of request. Th e board has the right to fi ne people for failing to com- ply, which becomes a monetary obligation. Th ey then can move to put a lien on a condo unit owner and, if enough time goes by, they can foreclose on the unit.” However, if needed to be, bylaws can be amended. “Consult with an attorney in draft - ing the condo documents,” says Greenstein. When it comes to doing what you want on your property in an association, the old adage, ‘rules are meant to be broken,’ simply does not apply. n Lisa Iannucci is a freelance writer and con- tributor to CooperatorNews. THE IMPORTANCE... continued from page 17