Author: Skytrack

Attending: Steve Bruner, Steve Dembitzer, Michael Hansen, Peter Levy, Katharine Mukherji, Matthew Pilkington, Cynthia Steele, Peter Burgess, and Jose Perez (for the discussion of maintenance issues)I. Maintenance Report (with Jose)

The Dembitzer (1Q) floor is not finished from last sewage back up.

Mario has replaced the large common deck. The roof is still being repaired. He picked up part of deck where pitch pocket needed attending to and

replaced it without any damage to the deck.

Mario has repainted flashing on 122 Bergen.

The old back-up boiler has not been repaired. Two boiler companies we consulted re the repair said it wasn’t worth it. Instead of attempting to repair it or even throw it away (which would require dismantling it and a very costly and complex disposal process), we intend to manage with one boiler, which most buildings do, but to make sure that the service contract is up-to-date and that the company is quick to respond to all problems. We agreed to buy $1700 maintenance contract with Abilene for the upcoming heating season.

Carpet cleaning for 134 Boerum Place has been ordered, needed due to soiling from contractors’ repairs in the building and on the roof.

The board discussed asking for deposits/fines from owners doing work, so that if any damage is done to common areas, it will be deducted from this amount. The by-laws state that the condo board can levy fines against anybody that has caused damage to the common areas. In addition, Jose has also been stern with Skytrack contractors about its workmen not leaving messes when working. In the future, deductions may be taken from payments in such cases.

II. Finances/Outcome of 3C suit

As you know from reports at previous annual meetings and some Board meeting minutes, the Condominium was appealing the decision[1] the Court made to award $35,000 to the Victoria Whitmore, the owner of 3C.

We recently learned that we lost that appeal. Michael Marino, our attorney, joined us to discuss that decision and possible remedies. He advised us that it would be a costly gamble to continue to try to appeal this decision, as unfair as we feel it to be.

We had put into escrow $41,000 as collateral. The judgment has been paid from this, and the $6,000 remaining is working its way through the legal system; it will be put back into our operating account. We have initiated a new lawsuit, piggybacking onto one started by the bank holding her mortgage, to recuperate the common charges owed since the 2005 ruling where the judge mandated that she pay. In addition, Skytrack put a lien against her property, so that, in the event it should be sold or foreclosed, we would receive back charges owed before the proceeds are distributed.

This is a very frustrating outcome and experience for all of us. We are all part of a community; it is unfair that when one person does not pay their share of the common elements we all use-such as heat, water, maintenance, the super’s salary, trash removal, insurance–it falls to the other members of the condominium to make up the shortfall. You can be confidant that the Board of Directors will vigorously pursue any owners who default on their obligations.

Other financial matters: The management company locked in a very good price for heating oil through January. Several insurance claims related to the recent floods have been submitted and are pending.

III. New Business

Steve Bruner has been elected treasurer-elect, as Mike Hansen will be leaving the Board soon.

The Board is looking into carpet and paint selections for the 2nd and 3rd floor of 120, as well as surfaces for the back stairs and garbage floor of 120. We hope to make decisions and start implementation of these upgrades in the next month or two. In addition, redecoration updates for 15 Bergen are being considered.

The meeting was adjourned at 9:30. The next Board meeting is October 24.
[1] The ruling favored her claim that she was denied constructive use of part of her condominium due to noise from a fan on the roof, which she claimed had been raised with the management company and the board (but for which there is no evidence nor recollection). However, since Ms. Whitmore had not paid her management fees during this period, she was instructed by the Court to resume payment of management fees, upon resolution of the issue. The Condominium installed a baffle on the roof to muffle the sound of the fans within a month of the decision but Ms. Whitmore has continued to not pay any monthly management fees.

A quorum was achieved (63% in person & by proxy) and the meeting began at 8:00 pm.The board introduced themselves and the group voted to waive the reading of last year’s minutes.

Mark Levitch, the condominium’s accountant, reviewed the financial records from 2006 and budgeted amounts.   With the increase in assessment, we expect the 2007 budget to be in line with projected expenses which have risen in recent years with the increase in fuel and other expenses.  An update was provided on the pending appeal regarding unit 3C and back charges owed.  We hope to have a decision by the Court within the coming months.

Peter Burgess reviewed renovations over the last year such as addressing the flooding experienced by 7 apartments and replacing/snaking central plumbing pipes in 134.  Future repairs include pointing, repairing several roofs, including replacing the garage roof; replacing awnings on all Dean Street and Bergen Street, and replacing rotting boards on common decks.  The board reiterated its priority to fund renovations addressing safety concerns first.  We do hope to be able to paint and re-carpet the 2^nd and 3^rd floor hallways in 120 this year and will ask volunteers from those halls to come to consensus about color choices.

We discussed the balance the Board strives to meet between keeping owners’ costs down (i.e. by minimizing increases in common charges or eschewing assessments) and funding aesthetic upgrades in the buildings.  We realize that there is a spectrum of views in this regard among owners, with some keen to invest in physical improvements and others whose priority is to keep costs down.   Members were asked for a show of hands to give the Board a sense of their relative preferences regarding these two alternatives, but it was inconclusive.

Two board member terms were expiring; Steve Bruner and Katharine Mukherji.  No one expressed interest to run for their positions so the two members were reelected by the owners present.  The board accepted Jan Glinski’s resignation due to his extensive travels, and thanked him for his service.   As both Jan and Juan Paez stepped down from the Board, and no other owners were interested in joining the Board, the owners voted to change the number of Board members from 9 to 7, at least for this year.

New Business

Con Ed Solutions was mentioned as a green alternative to Con Edison.  Also to be ‘greener’, a recommendation was made to consider motion detectors to turn on the lights in the garage, rather than having them permanently on.

There being no further business the meeting was adjourned at 9 pm.

Attending:  Steve Bruner, Steve Dembitzer, Michael Hansen, Peter Levy, Katharine Mukherji, Cynthia Steele, Peter Burgess, and Jose Perez (for the discussion of maintenance issues)Maintenance

Jose gave an update on maintenance issues:

In general, Jose said “March was a good, quiet month.” A concern about hot water with the boiler was resolved quickly. Jose made minor adjustments in some roof fans, to improve functionality of ventilation.

 
Keyspan and the Fire Department came and checked out a reported concern about the smell of gas in Apartment 3 and found that there was no gas leak.

Next month, the garbage bin unit for 134 Boerum Place will be built and placed next to the other wooden storage unit adjacent to the garage.  This will replace the current bins in the basement where the descent by steep stairs was deemed a potential safety hazard by the Board.  The unit will be as discreet as possible, while still functional, and built with a sloped lid so that it cannot be used as seating.

FinancesWe reviewed the financial reports; we are in good standing.  We made a decision to pay the full water bill of $11,000, which is much larger than usual since the City did not bill us for a long time.

The line of credit for $250,000 is in place at North Shore Bank.

New Business

1)  We discussed the issue of noise.  Some conclusions were:

• We are pursuing discussions with NYSC about its delivery trucks that park outside 120 and leave the motors idling (and sometimes play music).  We will also talk with the two schools on Bergen about having the bus drivers turn off their motors if they will be standing for some time.
• The condominium’s rules about noise include covering the majority of floor space with carpeting, not having (loud) work done in units before 9 am or after 5 pm or at any time on Sundays, and refraining from playing loud music or television after 11 pm.
• Because the hallways and doorways transmit noise, residents are requested to close doors quietly, not shout, and to avoid talking on their cell phones in common areas (such as the 120 lobby).
• As a general guideline, we discussed the importance of residents being respectful and considerate to avoid excessive noise especially ‘after hours’, to give neighbors a ‘heads up’ if a party or other unusually loud event is going to happen, as well as of being tolerant, since the walls and floors are not soundproof and neighbors will make some noise in their day-to-day activities.

2)  Repairs

We are getting a bid on covering the Dean Street stairs and fixing the 120 upstairs roof deck.  The latter is a safety issue and will take precedence over other work.  Once we see what we can afford, at the next meeting, we will order the priorities of painting and carpeting the second and third floors of 120, covering the back stairs and anything else that has arisen in the meantime.

3)  Gardening

We are looking into commercial services to water and tend the plants, and plan to make a decision before the spring season.  Matthew Pilkington, who has taken a lead role on plant maintenance in past years, will assess their services and costs with two other board members.

The next annual meeting is Wednesday, May 9 at the Montessori School.

There being no further business the meeting was adjourned at 9:30 p.m.  The next board meeting is scheduled for April 25th, 2007.