Highview Condominium II
Annual Membership Meeting
May 23, 2001
Meeting Minutes

The Annual Meeting of Highview II Condominium was called to order on May 23, 2001 at 8:10 p.m. by Robert Boynton, President. Minutes were taken by Vincent Alfano, Recording Secretary of the Board. Twenty-nine unit owners were signed-in either in-person or by proxy.

In attendance were six Board Members Vincent Alfano, Victor Bellini, Robert Boynton, Stephanie Greenberg, Judi Kepics, and Frank Mattera. Three Board members absent: Paul Chelsen, Carl DiLorenzo, and Miriam Montalvo.

Twelve additional owners were present and included: Jean Bailie, William Geary, Deborah Curran, Narendra Singh, Kiza Park, Darlene Gillen, Richard/Virginia Re, Ellen Bernard, Barbara Ferrante, Joan DeSantis, Olive Cooper, and James Malta.

Eleven owners were represented by a proxy and included: Betsy Gann, Paul Chelsen, Setteducato & Cannon, Paul Gazzara, Christopher Manginelli, Miriam Montalvo, Maureen McHale, Lucy Miele, Robert Miele, Angelo Morelli, and Madeline Joblonski.

Boynton began the meeting by noting that the Order of Business specifically indicated by the Bylaws would be followed. All unit owners were notified by first-class mail of the Annual Meeting with the advance notice required by the Bylaws. The Minutes of the previous Annual Meeting on April 13, 2000 were read by Boynton and approved by those present.

Mr. Boynton discussed that a copy of this entire past year's Board meeting minutes had been recently mailed to all owners, as a review of the Board's efforts in the past year.

With last year's election, the Board of Managers had been restored to its legally required nine members. The Board conducted eight regular meetings. With eight of the nine Board members accessible by email, a substantial amount of business had been conducted beyond the eight meetings by email.

Reviewing the Board's accomplishments of the past year:

A massive clean-up of the building was conducted in response to a growing problem with roaches in the maintenance and recycling/trash area. Storage rooms were found to be full of private furniture storage of the building superintendent. Some of the storage was interfering with pest control and some was in direct violation of building fire code. A large construction dumpster was obtained and was filled by temporary labor hired by management for the project while the building super was away on vacation. By fall, the pest situation was under control.

The new Board inherited a proposed contract with OmniPoint/Voicestream for the rental of space on the roof for antennas. Owners at last year's Annual Meeting requested that the tentative approval by the outgoing Board be set aside and the contract reviewed by the new Board. After review, the new Board negotiated an additional $500/month rental ($1,500 instead of $1,000), annual increases of 3%, additional contract rights for the building, and additional liabilities for VoiceStream.

The Board investigated an ongoing problem with 6th floor ceiling leaks from the roof. The primary source was determined to not be the roof, but rather a neglected utility building on the roof in need of significant repair.

By August, the Board concluded that the building was being poorly served by Finnerty Property Management. The specifics were specified in Board meeting minutes. By a unanimous vote of 9-0, Finnerty was dismissed and Maxwell-Kates was hired effective October 1, 2001.

Through the year, the Board significantly improved the building's compliance with bylaws, long-standing New York City building regulations, and New York State law. Maxwell-Kates and attorney Michael Swaaley were critical in achieving this compliance. Managing agent Eugene DeGidio of Maxwell-Kates Property Management, John Shall, CPA of DeSantis Kiefer Shall & Sarcone, and condominium attorney Michael Swaaley were introduced.

Discussed building's new website (www.highview2.com) was discussed. Services and information currently available through the website include: contact telephone numbers for the managing agent, email contacts for the Board of Managers and managing agent Maxwell-Kates, the condominium's legal bylaws from the sales prospectus, Rules & Regulations, an on-line Suggestion Box, and on-line repair request.

Ms. Gillen mentioned that she does not have a copy of the sales prospectus or by-laws. She was advised by DeGidio that the prospectus should have been obtained by the closing attorney at the time of sale. The bylaws can now be printed out from the website as reference. However, owners are advised that a complete copy of the complete prospectus is usually required by closing attorneys for the completion of a sale.

There was discussion of the building's roof (guaranteed by Firestone). Recurrent leaks from the roof area have been identified as coming from cracks in the building's neglected brick-work, not the roof itself.

There was discussion of the building's previous managing agent and the changeover to Maxwell-Kates.

Ms. Cooper questioned the exterior repairs being planned for the summer and asked when exactly they would commence. DeGidio replied that work would begin in mid-July and discussed the repairs in detail (window lintels, foundation cracks, and broken floor grates.

The owner of 2-H mentioned recent water damage from an apartment above. Gene DeGidio advised that a unit owner must take steps to resolve the problem by contacting the offending owner. The building is not liable for problems emanating from within apartment units.

Individual unit owners are responsible for maintaining their air conditioner/heating units, their appliances, electrical service within their unit, pipes, wires and conduits servicing only the unit, plumbing fixtures, and any plumbing stoppage that does not originate in a common area, repair of unit front doors and windows including any glass breakage or cleaning. Essentially problems arising from a unit's walls inward (and any damage that such a problem causes to other units) are the unit owner's responsibility.

Managing agent Gene DeGidio explained that the first step in the process is usually contacting the managing agent to determine the source of the problem. Gene discussed various scenarios of who is responsible for what. Owners should report problems promptly to hopefully lessen their severity. Gene mentioned that all condominium owners should carry insurance to cover their liability for damage to other unit owners.

The building's new CPA, John Shall, spoke (re: auditor's report). In previous years, the building's audit has been a sampling, not a complete audit. In reviewing the building's legal responsibilities and Bylaws, it was determined that New York State law requires a fully certified annual audit. According to the law, failure to complete this certified audit exposes the Board's members to individual liability. This interpretation was affirmed as well by Michael Swaaley, the building's attorney. Shall distributed a preliminary report. Shall noted that there had been some errors noted in previous tax returns and the previous returns will have to be re-filed. An additional refund should result for the building.

Boynton discussed the retirement of the building's superintendent, Humberto (Carlos) Otey, and the recently completed search for a new super. Rafael Luque will begin full-time on June 1, 2001. Carlos will be moving out by May 31st. During June, the apartment will be painted and floors refinished. Rafael and his family will move in by the end of June.

Boynton discussed the building's grounds. Victor Bellini, Vice-President discussed plantings, sprinklers, and plans for future improvements. Owners brought up issues of cosmetic repairs. Boynton responded that structural repairs will be a priority and discussed plans.

Joan DeSantis noted her plans for air conditioner replacement. A number of owners related their own investigations into replacement of the aging units.

Additional improvements included the recent replacement of the entrance awning, the laundry room contract under current negotiation, planned improvement of the building's entrance security system, and a continuing review of the building's minimal smoke detection systems.

The meeting moved to nominations for election to the Board. Boynton noted that the terms of three current Board members were expiring. Although elected only last year, these three Board members had been filling the last single year of standard three-year terms that had been vacant.

Sandy Malta nominated Judi Kepics. Joan DeSantis nominated Victor Bellini. Judi Kepics nominated Stefanie Greenberg. Joan Desantis nominated Sandy Malta, however Sandy declined the nomination. There were no additional nominations. All nominees were individually seconded. Nominations were closed. All candidates were re-elected by a unanimous vote. There were no dissenting votes.

The meeting was adjourned at 9:50 p.m.