UPDATES AND ELECTION AT CNYC'S ANNUAL MEETING
The Council of New York Cooperatives & Condominiums held its annual meeting on March 13, 2002, at the New York Society for Ethical Culture. After an informal dinner where leaders from member cooperatives and condominiums had the opportunity to meet and compare experiences, Marc Luxemburg called the meeting to order.

Board members reported on issues at the top of CNYC's agenda, many of which are updated in the pages of this Newsletter. Those who were also members of the National Cooperative Bank were encouraged to support the candidacy of Stuart Saft, who was seeking reelection to the NCB Board.
The Annual Meeting concluded with an election of directors to fill six seats on the Executive Board of the Council of New York Cooperatives & Condominiums.

Following is a list of the names of all CNYC board members, the location and type of building they represent, and the year in which their terms expire:

NAME	BUILDING	TERM EXP.
Mary Fischer	Queens cooperative	2004
Doreen Hall	Manhattan cooperative	2004
Martin Karp	Manhattan cooperative	2004
Marleen Levi	Brooklyn cooperative	2003
Marc Luxemburg	Manhattan cooperative	2003
Ted Procas	Bronx cooperative	2004
J. Reyes-Montblanc	Manhattan HDFC cooperative	2004
Stuart Saft	Manhattan cooperative	2004
Mark Shernicoff	Manhattan cooperative	2003
Margaret Walsh	Bronx condominium	2003
Arthur Weinstein	Manhattan cooperative	2003

The new CNYC Executive Board met in April and elected the following officers:

President	Marc J. Luxemburg
Chair	Stuart M. Saft
Vice President	Margaret M. Walsh
Vice President	Arthur I. Weinstein
Treasurer	Mark B. Shernicoff

Mary Ann Rothman, the executive director of CNYC, was elected corporate secretary.

In the National Cooperative Bank election held in April, Stuart Saft was reelected to the housing seat where he has ably served for the last three years.

ATTORNEY EXAMINES SATELLITE DISH ISSUES
Attorney Marc Schneider coached CNYC members on the legal and technical ramifications of satellite dishes for TV reception at a well-attended evening seminar.

Since October 1996, federal law prohibits restrictions “that impair the installation, maintenance or use of antennas for receiving audio and video programming,” including satellite dishes which are less than one meter (39.37") in diameter. The law applies to cooperatives and condominiums; however, residents can only place these devices on “property within the exclusive use and control of the antenna user.” This could include a terrace, balcony, patio or penthouse area, or inside the apartment unit.

Mr. Schneider assured workshop participants that the law does not extend to common areas. The board still has both the responsibility and the right to protect the building envelope, which means the board can refuse permission to residents who want to post individual satellite dishes on the walls or roof of the building.

He suggested that boards consider this issue and decide upon their policy regarding satellite dishes, preferably in advance of any specific requests to install dishes. Once the policy has been delineated, it must be well explained to building residents. The board may also determine that it is necessary to modify the house rules either to prohibit individual use of satellite dishes in public areas or to set specifications for their use.

Buildings providing comparable service at comparable cost can also refuse permission for the installation of individual satellite dishes, noted Mr. Schneider. Discussion ensued about the possibility of central satellite service provided by one or more large satellite dishes. This technology is new, but future months and years should see an expansion of availability which will be of interest to many housing cooperatives and condominiums. Some participants were from a Long Island garden apartment complex that had recently arranged for such a system; they reported on this experience, noting that far fewer residents had subscribed in the end than had originally shown interest. While this would not necessarily be an obstacle if the cooperative had previously decided to offer the dish service at no cost to all interested residents, it becomes problematic when the goal is to bring income in to the development.

At CNYC's 22nd annual Housing conference on Sunday, November 17th, Mr. Schneider will present an updated seminar on Satellite Dishes with up-to-the-minute news on this developing issue. See page 15 of this Newsletter for a Conference preview.

USING E-MAIL FOR BOARD BUSINESS
E-mail is a wonderful tool that has revolutionized our ability to communicate quickly and succinctly, using our own private jargon or shorthand and being able to send messages to several people at once. This has greatly facilitated the work of the boards of many cooperatives and condominiums, who now use e-mail to agree on meeting dates, set agendas, review minutes, edit bulletins, and share information.

Attorney Joseph Colbert and property manager Tom Pasquazi praised this important new medium but also sounded a serious word of caution about privacy and confidentiality in a seminar entitled “Protocols for Board Use of E-mail.”

Often, board members open their e-mail at their offices, where frequent corporate backups are likely to capture and store confidential board information. Other board members who receive their e-mail on home computers may share access with family members.

The group considered certain categories of board discussions which are simply inappropriate to e-mail discussion. Admissions issues are a prime example. If e-mail must be used to set up admissions meetings, no names, prices, apartment numbers or any other material information should ever be mentioned in e-mail.
Mr. Pasquazi and Mr. Colbert will present a workshop on Board Use of E-mail at CNYC's 22nd annual Housing Conference on Sunday, November 17th. See page 15 for a Conference preview.

SEMINAR EXPLAINS BENEFITS OF MEDIATION
Mediation is an excellent way to resolve so many of the disputes – both small and large – that can arise in cooperatives and condominiums, which may escalate into serious problems if ignored. The mediator is an impartial neutral party who provides an opportunity for each of the disputants to tell their stories in a calm and non-threatening atmosphere. At that point, a skilled mediator can often help the sides work out their own compromise. With the mediator’s help, the solution is committed to paper and signed by both parties.

Mediation is less costly and less stressful than court battles, and it is particularly well suited to helping neighbors in housing cooperatives and condominiums to get along. Communications made during the mediation are confidential, and either side is free to proceed with a lawsuit if not satisfied. Even when mediation does not succeed and the issues proceed to the courts, the mediation experience often prepares both sides to accept the judge's decision.

CNYC has long advocated mediation to its members and has included in its model Shareholders Agreement and Proprietary Lease (see page 12 of this Newsletter) a provision suggesting mediation or arbitration to resolve disputes.
Professor Lawrence Grosberg heads a mediation service at New York Law School. To help bring the benefits of mediation to housing cooperatives and condominiums, the Law School presented a seminar in January for CNYC members. Mediator Abigail Pessen joined Professor Grosberg for this succinct and insightful presentation, which included a role playing example of how a noise dispute might be resolved through mediation. The experts described the goals and benefits of mediation and invited participants to describe events within their own cooperative or condominium experience that might have benefitted from mediation.

The New York Law School is eager to help housing cooperatives and condominiums through its mediation service, particularly those in its TriBeCa neighborhood. To learn more about these services, contact Professor Grosberg at (212) 431-2172.