Highview Condominium II
Board of Directors - Meeting Minutes
September 25, 2012 7:30 p.m.
The seventh regular meeting
of the 2011-2012 Highview Condominium II, Inc. Board of Directors was called to
order at approximately 7:30 p.m. by Stacey Cohen, President.
Board members in attendance: Robert
Boynton, Stacey Cohen, Joseph Cann, Marjorie Cannon,
Nora Colford, and Natalie Hendrix. Board
members absent: Michael
D’Angelo, David Cutler, and Joseph Skonieczny.
Kirsten Teichfuhs attended from Wentworth
Property Management.
1)
Minutes: Minutes of
the August 28, 2012 meeting
were distributed by email, but have not been approved by the Board.
2)
Water infiltration: Representative
from K.E.S. Construction attended the meeting and his bid was approved.
Majority of work will be replacing caulking around windows and air
conditioner sleeves. Additional work
to include lintel and sill repairs/replacements.
Contractor will at no additional charge replace roof above entrance area
windows, re-seal to building, and repair drainage lines.
Work will begin in several weeks.
Maintenance
update from super: Chris
Brighina joined the meeting to report on building maintenance and concerns.
3)
Building Repair & Maintenance Report:
a) Entrance area
repairs: At May meeting, Boyce
requested to get estimates for entrance area crack investigation and threshold
repairs. Carryover from November
request to Romolo. Brighina reported
active termite damage to his unit in the area near building entrance.
Noted that in addition to masonry cracks (both vertical wall and floor
tile), the exterior cladding is coming loose and possibly water infiltration
along with the insect problem. Kirsten
reported that K.E.S. Construction will investigate while completing board
approved water infiltration work.
b) Repairs to
super’s apartment: Floor
repairs and addition of wall opening header on hold pending termite
investigation and resolution of exterior entrance area water infiltration, floor
tile and metal cladding problems.
c) Water supply
filtering: Bids discussed.
Brighina will get additional details about equipment proposed by bidders.
Additional bid expected shortly.
d) Howard Avenue curb
hazard: Management followed up
after last meeting and
e) Landscaping
maintenance: No update. Boynton
to contact Prime.
f) Security
camera upgrade: The Board
approved upgrade and relocation of the lobby’s security camera to eliminate
blind spots. The current camera in
the lobby will be utilized as a replacement for another camera in the building
which has failed. To save money,
Brighina instead of contractor will run the new wire to location selected by
building’s security system contractor.
g) Snow Blower:
Per Board authorization, Boynton and Brighina to select new snow blower.
No update at this meeting.
h) Roof leak:
Water infiltration affecting a 6th floor resident determined
to be a problem with elevator bulkhead. Repairs
completed by contractor.
4)
Financial Report:
a) Monthly financial
reporting: Noted by Board that distributed reports continue to omit FY2012
budget columns indicating remaining funds budgeted by cost center; needed for
Board’s remaining FY2012 fiscal planning.
Kirsten Teichfuhs indicated that Wentworth’s financial office never
received a formal approval of budget from Board.
Boynton will forward copy of budget approved at 02/29/12 Board meeting.
b) FY2011 Annual
Meeting: Tentative annual
meeting date from February Board meeting was May or June, pending completion of
audit. Then Boyce was to email board
with update from Wilken & Guttenplan in June.
Latest report from Cheryl Ruiz indicated early July.
Board has still not received draft of FY2011 audit for review and
approval. No update from Treasurer
Michael D’Angelo at this meeting.
c) Past-due bills:
All up-to-date except JR. Noted
that the roof exhaust fan ordered for the E-line was received by vendor, but
without payment he may have returned. E-line
ventilation has been out of service for months now.
Question unanswered whether the unpaid bills from 2011 have now been
included in the FY2011 audit which is performed on accrual basis.
Kirsten will investigate.
d) FY2013 Budget:
Kirsten Teichfuhs was asked to present draft of FY2013 budget for Board
consideration at November board meeting.
e) Unit arrears:
Legal action recommended against several unit owners.
5)
Legal Report:
a) Local Law 11 façade inspection (cycle 6) and Local
Law 11 façade inspection (cycle 7): Confirmed
that City has received through Expediter. No other update at this meeting.
b) Parking garage:
Complaint presented to Board on 05/24/12 that fire exit door is being
illegally blocked by owner of space # 5. At
this meeting, Board agreed to engage Highview’s attorney to confirm building
code and take appropriate action.
c) Water damage to
apartment unit from sprinkler system: Management
has made insurance claim and is waiting for report from building’s insurance
company.
d) Lease compliance:
Boynton (Secretary) continuing to work with Maureen Gentile at Wentworth
to verify compliance.
e) Insurance
compliance: No update at this
meeting.
f) Lease fees:
In response to a unit owner’s concern, the Board engaged Highview’s
attorney to review the Board’s authority to set lease fees.
After reviewing Highview’s Bylaws and
The relevant law is the business judgment rule, which provides that a
condominium board has the right to make rules, if the rule is reasonable,
undertaken in good faith and is in furtherance of the interests of the
condominium and does not involve fraud, discrimination or self dealing.
In his opinion the building’s rules regarding renting and leasing of
units is reasonable and in furtherance of the interests of the condominium.
The relevant portions of the by-laws state as follows: The Board of
Managers shall have the powers and duties necessary for the administration of
the affairs of the Condominium and may do all such acts and things except as by
law or by the Declaration or by these By-Laws may not be delegated to the Board
of Managers by the unit owners. Such powers and duties of the Board of Managers
shall include, but shall not be limited to, the following: (e) Adoption and amendment of Rules and Regulations covering the details
of the operation and use of the Property. (o)
Levying fines against unit owners for violations of the Rules and Regulations
governing the operation and use of the Property.
As there is no express prohibition in law, the declaration or the by-laws
the board clearly has the power to make the rules about the sale and leasing of
units.
The Board affirmed the current fees; $500 for new tenant leases and $300
annual renewal fee.
g) Sales fees:
There was discussion concerning Sales Application fees; specifically a
separate $150 charge by Wentworth for credit investigations, beyond the $300
Sales Application fees. The Board
agreed to reduce the credit investigation fee from $150 to Wentworth’s actual
cost.
The meeting was adjourned at
approximately 9:30 p.m.
Minutes submitted by Robert Boynton, Secretary.