Page 5 - NY Cooperator October Expo 2019

COOPERATOR.COM THE COOPERATOR — OCTOBER 2019 5 • B20 ultra low sulfur heating oil (ULSHO) is lower in greenhouse gas emissions than natural gas* • Using 20% biofuel can result in a $0.20/gallon tax credit - savings back into your pocket • Biofuel is nontoxic, biodegradable, and reduces greenhouse gas emissions • Biofuels can act as a cleanser, helping to keep equipment clean, resulting in fewer service calls • Biofuels typically can be used without system modifications • Biofuels are a renewable energy source • New York City will require a B20 Heating Oil by 2034 - why not start now? *According to a study completed by Brookhaven National Laboratory in May 2015 For more information on Biofuels, visit www.dec.ny.gov, for the Clean Heating Fuel Credit, visit www.tax.ny.gov. 1.914.381.6600 www.spragueenergy.com BQ-9000 Certified Supplier Our Energy Makes the Difference ® Why switch to renewable heating oil? Go green and save 20 cents per gallon B20 Heating Oil is available at our Bronx & Lawrence terminals. Ask your Account Executive about the benefits of using B20 Heating Oil today. QUESTIONS & ANSWERS Legal Q A& Does Distributing Letters to Board Members Constitute 'Harassment'? Q I distribute copies of letters to our board president and all board members under their apartment doors in order to ensure that they all get one – and I don’t trust the chair- woman to distribute them. Th e board sec- retary does not wish to receive copies and considers this practice 'harassment.' Is she correct? —Trying to Get a Message Th rough A “Th ere is no civil cause of action for harassment under New York law, and the mere act of sliding a letter under the door is un- likely to result in criminal liability,” says attorney Rachael Ratner of the New York City-based fi rm Schwartz Sladkus Reich Greenberg Atlas, LLP. “Th erefore, from a strictly legal standpoint, the board secre- tary is not correct. “In the interest of being a respectful neighbor, however, you should stop sliding letters under this board member’s door if you know she fi nds it to be harassing. Th e better tack is to consult your proprietary lease (or bylaws, if you live in a condo- minium) to determine the proper method of communicating with the board of your building. Many proprietary leases and con- dominium bylaws have 'notice' provisions that contain specifi c instructions on how to send correspondence to the board. “Oft entimes, there are requirements that correspondence must be sent by cer- tifi ed mail, or through an overnight cou- rier such as FedEx. Following these in- structions off ers two advantages: First, the board becomes legally charged with having been put on notice about the issues and/or complaints raised by your correspondence. Second, you’re much more likely to suc- ceed in getting your message across. Since your board secretary is apt to disregard any letters that come through under her door, chances are better she’ll actually read letters she receives in her mailbox. “As a fi nal piece of advice, it’s also a good idea to read your house rules to determine if complaints are required to be sent to your building’s managing agent.” Calculating Assessments Q I live in a Queens County coop- erative complex with 250 units. I have lived here for more than 30 years, and have paid many assessments, period of fi ve years. always using the 'pro rata percentage' to cal- culate the assessment. Th e board has now apartments and have many diff erently-al- determined that the elevators in our three located shares to each. My question is: Can Out the Numbers buildings have to be replaced at a cost of the board pick an arbitrary amount and as- $1,149,000. Needless to say, the co-op does sess all the shareholders the same amount? not have that much money on hand, and or are they required to use the pro rata per- will require a mortgage and a special assess- ment to be paid by the shareholders over a amount, then multiply the total number of Th e co-op has many diff erent-sized centage and assess each share at the same shares each shareholder owns? —Shareholder Who Is Trying to Figure A “Th e rules governing the al- location of assessments are usually found in the coop- continued on page 36