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.