Requirements to Eliminate #6 Oil and Reduce Air Pollution

In 2011, New York City, as part of Mayor Bloomberg’s campaign to make the city healthier, adopted new heating oil requirements to reduce the dangerous air particles that contribute to respiratory and other illnesses, says Ira Meister, president and founder, Matthew Adam Properties.  While not as well publicized as the mayor’s campaign to eliminate super-sized sodas, the impact of the oil regulations is being felt significantly more by New York City co-ops and condos.

The law calls for the elimination of #6 oil – the dirtiest and most pollution causing oil – by 2015.  By then, buildings must convert to lighter #4 or #2 oil or natural gas.  Newly installed boilers would have to use the lighter #2 oil or natural gas or their equivalent and by 2030, #4 oil will be phased out.

“In recent years, even before the new city regulations, buildings were converting to natural gas, which is cleaner, requires less maintenance and in recent years has been significantly less costly then oil,” Meister says. Some buildings, depending on their configuration, have switched to dual-fuel options where either oil or gas can be used, depending on the price.

 

Many buildings have yet to switch to #4 or #2 oil and gas

“We have noticed, as we talk to boards of buildings we do not manage, that many properties have not started the process of complying with the new regulations,” Meister says.  Since July 1, 2012, buildings have had to convert to a cleaner fuel before their three-year certificate of operations expires.  All properties must be in compliance by January 1, 2015.

“Some buildings have been lax in rushing to the deadline,” Meister says.

The least expensive short-term solution is to convert to #4 oil, which will probably require a tank cleaning and some minor boiler changes.  Converting to natural gas can be much more costly and depends on whether the boiler is compatible with gas and the need, very often, to line the chimney as the thinner carbon monoxide produced by natural gas can seep through cracks in the lining. Another concern is whether the building is in a zone where Con Ed supplies natural gas.

 

The City has streamlined the permit process, allowing permits to be obtained in days instead of weeks

To encourage early compliance, the city streamlined the approval process by reducing the number of documents requires to be filed. Licensed boiler installers can submit one unified form to city agencies and certify that the fuel grade conversions were documented and the necessary work was properly performed without the need of more complex design submissions. This will reduce the estimated upgrading cost per boiler to $7,000 from $10,000. “Additionally,” Meister says, “the city streamlined the permitting process, allowing permits to be obtained in days instead of weeks.”

Buildings Sloppy in Following Elevator Inspection Regulations

Ira Meister, founder and CEO of Matthew Adam Properties, says that when his company is retained to take over management of buildings after a board changed management companies, it has found a disturbing number of properties that are not current with elevator inspections either by not having the inspections conducted, or not filing the proper reports.  “This raises two issues,” Meister says.  “Most importantly, is the need to keep elevators in good working order to prevent accidents.  Secondly, the buildings are subject to fines for not complying.”

 

Elevator accidents have changed the elevator inspection codes

In recent years, several well-publicized elevator accidents have led the city to rework the elevator inspection codes.  This also followed a report in 2009 from the Department of Buildings which showed lax compliance. Of 50 elevator inspections and tests that were randomly monitored, the department found that 28 of the inspections were performed late, seven were performed by inspectors who lacked the necessary certifications and 19 were not properly documented.  This led to new inspection and testing requirements that went into effect in December 2010.

Under the current code, a basic test must be conducted annually by an approved elevator inspector and witnessed by another company or inspector who is not connected with the company performing the inspection.

“Then, the owner, board or most likely the property manager must file a report with the Department of Buildings with the results. This must be submitted within 45 days of the inspection,” Meister says.  “However, very often the responsible party fails to file the report.”

 

You have 45 business days to repair defects after filing inspection report

If defects are found requiring repair, the work must be done within 45 business days of filing the initial inspection report.  A final report, saying the repairs have been done, must be filed within 15 business days of completion of the work.

Failure to perform the inspection, or to correct defects once found, can result in fines of $150/month per elevator.  After one year, the fines increase to $3,000.  A “full-load” test is required every five years.  Fines for this are $250/month for failure to perform the test and $150/month for not correcting violations.  After one year the fines increase to $5,000.

“In addition to changes in the inspection requirements,” Meister says, “the new code and recent amendments have added requirements for various safety features in the elevators, which require additional expenses for the owner. “

Having an Annual Meeting

We’re in the midst of the annual meeting cycle for co-ops and condominiums as most associations hold their meeting in May or June.  This is a good time to look at some aspects of the gathering while it is fresh in the minds of the boards and residents who have just met and for those preparing for theirs.

The co-op or condo annual meeting is much like that of public companies when shareholders, both big and small, gather to hear about the company’s performance and its future prospects from the chairman and president and vote on board members and other issues.  These meetings, on which many companies spend considerable time and expense, are usually held in the spring of the year for companies whose fiscal year ends on December 31.

While far from as elaborate or attention-grabbing as the meetings of the public companies, the annual meetings of co-op and condos are for many of the shareholders and unit-owners at least of equal importance.  For many, the investment in their home is their largest asset. While each meeting has its own rhythm and tone, the basic structure and requirements are similar, and, in fact, mirror to a great extent the corporate sessions.

Annual meetings help inform shareholders and unit owner

There are three main purposes for the annual meeting: to update shareholders and unit-owners on the operations and finances of the property; elect the board as well as vote on other issues, such as amendments to the building’s by-laws; and provide an opportunity for residents to ask questions.

The annual meeting, as with all regulations and rules in a co-op or condominium, is governed by the building’s by-laws. While these are unique to each building, they all call for an annual meeting according to Business Corporate Law of New York State, which govern co-ops and condominiums.

Most meetings follow a standard agenda.  A management report is given, usually by the president or managing agent, describing operations in the past year and specific changes and improvements that were made as well as current issues and future plans.   The treasurer, and or accountant, describes the financial condition of the building and the accountant presents the audit report certifying that the financial records are in order.  The treasurer, president or managing agent also may discuss capital improvement requirements and whether these can be funded from the reserve fund or will require a special assessment or other financial arrangement.

Some co-ops and condominiums require a vote on capital improvements, and some, mainly smaller ones, require a vote on the annual budget.

Why are the meetings usually scheduled in May and June, when most fiscal years end on December 31? One reason is that it takes the accountants time to review and certify the financial statements.  As we all know, accountants are usually immersed in taxes through April, and May and June are the earliest they can complete the financial statements.

The financial reports should be provided to the shareholders or unit-owners sufficiently in advance of the meeting for them to review the document.  They should also receive the text of items to be voted on, if any, and any potential rules changes.

The managing agent usually organizes and sets the agenda for the annual meeting in conjunction with the board president and in some cases directions from the by-laws. 

Attendance varies from building to building and we at Matthew Adam Properties make certain we collect proxies from those who will not attend, or are uncertain, so a quorum is guaranteed.  By the way, a quorum is needed only for votes, so meetings can start on time and votes taken when more residents arrive and a quorum is achieved.

We’re in the midst of the annual meeting cycle for co-ops and condominiums as most associations hold their meeting in May or June.  This is a good time to look at some aspects of the gathering while it is fresh in the minds of the boards and residents who have just met and for those preparing for theirs.

The co-op or condo annual meeting is much like that of public companies when shareholders, both big and small, gather to hear about the company’s performance and its future prospects from the chairman and president and vote on board members and other issues.  These meetings, on which many companies spend considerable time and expense, are usually held in the spring of the year for companies whose fiscal year ends on December 31.

While far from as elaborate or attention-grabbing as the meetings of the public companies, the annual meetings of co-op and condos are for many of the shareholders and unit-owners at least of equal importance.  For many, the investment in their home is their largest asset. While each meeting has its own rhythm and tone, the basic structure and requirements are similar, and, in fact, mirror to a great extent the corporate sessions.

Annual meetings help inform shareholders and unit owners

There are three main purposes for the annual meeting: to update shareholders and unit-owners on the operations and finances of the property; elect the board as well as vote on other issues, such as amendments to the building’s by-laws; and provide an opportunity for residents to ask questions.

The annual meeting, as with all regulations and rules in a co-op or condominium, is governed by the building’s by-laws. While these are unique to each building, they all call for an annual meeting according to Business Corporate Law of New York State, which govern co-ops and condominiums.

Most meetings follow a standard agenda.  A management report is given, usually by the president or managing agent, describing operations in the past year and specific changes and improvements that were made as well as current issues and future plans.   The treasurer, and or accountant, describes the financial condition of the building and the accountant presents the audit report certifying that the financial records are in order.  The treasurer, president or managing agent also may discuss capital improvement requirements and whether these can be funded from the reserve fund or will require a special assessment or other financial arrangement.

Some co-ops and condominiums require a vote on capital improvements, and some, mainly smaller ones, require a vote on the annual budget.

Why are the meetings usually scheduled in May and June, when most fiscal years end on December 31? One reason is that it takes the accountants time to review and certify the financial statements.  As we all know, accountants are usually immersed in taxes through April, and May and June are the earliest they can complete the financial statements.

The financial reports should be provided to the shareholders or unit-owners sufficiently in advance of the meeting for them to review the document.  They should also receive the text of items to be voted on, if any, and any potential rules changes.

The managing agent usually organizes and sets the agenda for the annual meeting in conjunction with the board president and in some cases directions from the by-laws. 

Attendance varies from building to building and we at Matthew Adam Properties make certain we collect proxies from those who will not attend, or are uncertain, so a quorum is guaranteed.  By the way, a quorum is needed only for votes, so meetings can start on time and votes taken when more residents arrive and a quorum is achieved.

While most buildings have one meeting a year, there are some that have periodic informational meetings to keep the shareholders or unit-owners current on building operations and issues.  Some buildings also have a pre-annual meeting session where the residents can get to know potential candidates for the board of directors and receive an update on building activities.  Additionally, when a major issue arises during the year, such as a capital improvement project, a special meeting may be called.

While most buildings have one meeting a year, there are some that have periodic informational meetings to keep the shareholders or unit-owners current on building operations and issues.  Some buildings also have a pre-annual meeting session where the residents can get to know potential candidates for the board of directors and receive an update on building activities.  Additionally, when a major issue arises during the year, such as a capital improvement project, a special meeting may be called.