Page 11 - NY Cooperator May 2019

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Call us today to discuss a mortgage solution that is right for you. Flushing Bank is a registered trademark FB 952 - RMU Cooperator UPDATE.indd 1 12/13/18 11:13 AM 30 years. “An alteration agreement,” she says, ample. “Agreements and policies,” says Sacks, in the ability of the building’s plumbing to “is basically a contract between a shareholder “can and do change and evolve over time.” in a co-op or a unit owner in a condomini- um—and yes, in New York, condominiums op in Upper Manhattan, says that when she do use alteration agreements and refer to moved into her apartment approximately them as such. What it entails is the scope of 15 years ago, the work to be done in the apartment, and in-unit washer/ it oft en includes the policies and procedures dryers were pro- that are currently in place by the co-op or con- do by which shareholders must abide.” Building policies may include many diff er- ent considerations. One example is ‘no wet over dry.’ In other words, in many (if not most) ing was origi- buildings, apartments are built on a common nally converted footprint. All the units in a particular verti- cal stack or ‘line’ have the same layout. Bath- rooms are always over bathrooms, kitchens dryers were per- over kitchens, bedrooms over bedrooms, and mitted. Word at so forth. ‘No wet over dry’ means that in the the time was that they had caused problems placements (meaning projects not requiring the work hours are 9 a.m. to 5 p.m., if those are course of a renovation project, you can’t move with narrow-gauge plumbing lines dating architectural plans where everything is basi- your kitchen over someone else’s bedroom. back to when the building was built in the cally replaced in situ); and a major alteration tantly, for the insurance to properly protect Another typical policy is a prohibition against 1930s. Th en about two years ago, without any agreement, used for major and gut renova- ‘channeling,’ which is removing the fl oor and major change to the plumbing lines, washer/ cutting into the concrete underneath it to ex- tend plumbing, electrical or other lines. Or sible. Kaye attributes the change to a shift in ning log of all work done in all apartments as an additional insured, without prior writ- there could be a policy that does not permit building demographics toward young fami- Jacuzzi tubs or clothes washer/dryers, for ex- Hope Kaye, a resident in a 54-unit co- hibited. She learned from her neighbors that when the build- to co-op from rental, washer/ dryers mysteriously were once again permis- lies, rather than a sudden miraculous change point the origin of any problems that arise. handle the additional wear and tear of in-unit work, if they’re handy,” Sacks says. “But not laundry. Types of Alteration Agreements Sacks says she uses three diff erent types of everybody, and are meant to keep the build- alteration agreements ing safe.” in the buildings she manages: a decorative alteration agreement, ments in multifamily communities governing which applies to such how alterations are made, as well as when and things as painting and by whom, are critical. “It sets out the rights window treatment installations that re- quire outside person- nel; a minor alteration be unable to properly control the job. For ex- agreement, which covers such things as the allotted time if the time limits are not set ‘in-kind’ kitchen re- tions which do require plans, licensing, con- tractors, and so forth. She also keeps a run- in the buildings she manages, so she can pin- “Residents should be able to do their own if they imperil their neighbors, themselves or the property. Alteration agreements protect Why They’re Critically Important Regardless of what you call them, docu- and obligations of both sides and avoids any ambiguity,” says Weisberg. “Without the agreement, the co-op or condominium would ample, how can you claim the job has run over forth in an agreement? How can you say that not set forth in an agreement? Most impor- the co-op or condo, there must be a written agreement to indemnify. Th e mere delivery of an insurance certifi cate naming someone ten agreement to indemnify, is not suffi cient “Without such an agreement, the responsibilities of the person performing the alteration would never be spelled out.” —Phyllis Weisberg continued on page 17