Skip to main content
Fulltext search
FILTER RESULTS BY:
RECOMMENDED IN RENT
Moving to NYC after college? Here's how to find a rental apartment
RECOMMENDED IN BUY
How buying real estate in NYC is unlike anywhere else
RECOMMENDED IN SELL
A guide to using a no-fee renovation loan from a NYC real estate firm
RECOMMENDED IN IMPROVE
How to make your NYC renovation more pet-friendly
BEST REAL ESTATE WEBSITE!
National Association of Real Estate Editors
BEST REAL ESTATE WEBSITE! National Association of Real Estate Editors
Brick Underground
Social Links
follow:
  • Facebook
  • Twitter
  • Instagram
  • Flipboard
  • search
Brick Underground
☰ Brick Underground
Brick Underground
Brick Underground
☰
Brick Underground
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
    New condos in Manhattan
    Investing
    Rise of all-cash deals in NYC reshapes the real estate market
    empty nesters in modern kitchen
    Rent
    Empty nester checklist: What to consider if you are buying or renting in NYC
    co-op board reference letters NYC
    Co-ops
    Here are 8 real co-op board reference letters from successful buyers
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
    Rachel's one-bedroom co-op apartment is newly renovated.
    Roommates + Landlords
    Why I moved to NYC from Long Island: After living with mean roommates, I wanted to own a place of my own
    Apartment buildings on MacDougal Street in Greenwich Village
    Affordable Housing
    Cuomo’s attack on Mamdani’s $2,300 apartment brings rent stabilization into the spotlight
    Woman walking down street in Jackson Heights
    Roommates + Landlords
    Ask Altagracia: Can my landlord refuse a lease assignment if I need to break my lease?
    Sponsored By Outerbridge Law P.C.
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
    Aerial view of downtown Brooklyn
    Sell
    Median sales price in Brooklyn climbs to $995,000 in the second quarter
    Downtown New York City
    Sell
    Manhattan deals rose to highest level in nearly two years, defying national trends
    Modern residential buildings in Chelsea, Manhattan
    Negotiations + Closings
    What is a post-closing possession agreement and what are the risks for buyers and sellers?
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Woman on the phone to a plumber about a leaking sink
    Small Projects + DIY
    Here's what I learned to get our absentee landlord to fix things fast
    Big Apple Moving stackable eco-friendly bins
    Products + Test-drives
    Do I have to use cardboard boxes when moving in NYC? Are there any green alternatives?
    Sponsored By Big Apple Moving
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
    insurance adjuster inspecting mold
    Products + Services
    How to tell if your apartment has mold—and how to get rid of it
    Woman on the phone to a plumber about a leaking sink
    Small Projects + DIY
    Here's what I learned to get our absentee landlord to fix things fast
    mini splits apartments new york city
    Products + Services
    Yes, you can install central AC in your co-op or condo unit. Here's how
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
    Burned and Boarded Up Windows
    When should your board hire a public adjuster?
    Manhattan GM
    What should we consider when renewing insurance for our building?
    Facade of NYC buildings
    How much is insurance on a NYC co-op or condo building?
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
    FlatRate moving brick underground
    Live
    How to troubleshoot your move in advance
    Sponsored By flatrate
    Big Apple Moving stackable eco-friendly bins
    Products + Test-drives
    Do I have to use cardboard boxes when moving in NYC? Are there any green alternatives?
    Sponsored By Big Apple Moving
    Woman walking down street in Jackson Heights
    Roommates + Landlords
    Ask Altagracia: Can my landlord refuse a lease assignment if I need to break my lease?
    Sponsored By Outerbridge Law P.C.
  • Brick Report
  • About Us
  • About Us
Email Address
Fulltext search
FILTER RESULTS BY:
New Main menu
  • Buy
    • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide
  • Boards & Buildings
    • Boards & Buildings
    • Boards
    • Finance
    • Insurance
    • Legal
    • Property Management
    • Structure & Systems
    • Sustainability
  • Advertise
    • Advertise with us
    • Sponsored Content
    • Experts
  • Brick Report
  • About Us
    • About Us
    • Advertise
  • About Us
SUBSCRIBE TO OUR NEWSLETTER →
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
The Board Room [ SPONSORED ]

The Board Room: The 12-step alteration agreement

By Braverman Greenspun  | February 15, 2011 - 7:50AM
image
SHARE:
Share to Facebook
Share to Twitter
Print
More...

In a co-op or condo, one person’s new Waterworks bathroom can become another’s water-logged ceiling nightmare. But that's only one reason why it’s critical for boards to have an up-to-the-minute alteration agreement detailing the scope of the work permitted, the way it can be performed, and the owner’s obligations to repair and maintain their new-and-improved apartment.

“When alteration agreements aren’t comprehensive enough, they can result in unbridled work inside a unit, damage to the building’s systems, a negative effect on other owners' quality of life, and expensive litigation that could have been avoided,” says co-op and condo lawyer Robert Braverman of Braverman & Associates.

Just as a renovation can become dated in a few years, the definition of “comprehensive” is ever-evolving. If your building hasn’t updated its alteration agreement in awhile, it may be time.

“Hot button issues now include making sure that work is completed on time and that the work matches the approved drawings,” says Braverman.  “There’s also an emphasis on making sure that any maintenance or repair obligations are properly documented, so that they pass on to future owners or shareholders.”

While your alteration agreement should be tailored to meet the needs of your building, there are certain basic components to consider. Here are a dozen Braverman identifies as among the most important:

  1. Indemnification:  The alteration agreement should require that the owner performing the alteration indemnify the co-op/condominium and its shareholders/unit owners from any and all claims arising from or relating to the alteration. 
  2. Proof of Insurance:  The insurance certificates provided by the contractor and any subcontractor working in the building should name the building, its shareholders or unit owners, and the managing agent.   For a small job, like kitchen cabinet re-facing, a $1 million base policy and a $5 million umbrella would be sufficient. For a gut rehab of a high-end apartment, a $2 million base policy and a $20-25 million umbrella is sufficient.  Make sure the insurance covers only the project at hand; many contractors share a certificate among projects, potentially reducing the amount that can be recovered if your building needs it.
  3. Security deposit:  When problems arise during a renovation, a co-op or condo board may need to call in an architect or engineer and charge it to the resident.  To ensure that these fees are paid back quickly, require a security deposit in the range of $2,500-$10,000, to be replenished as it’s drawn down.
  4. Identification:  Professional thieves and random predators take advantage of the presence of a construction crew to gain access to a building. For security reasons, contractors and subcontractors should be required to wear uniforms displaying the contractor’s logo and be required to show some form of ID to check into the building.
  5. Work hours:   To protect other residents from being unduly disturbed, consider limiting noisy work to 10 am – 4:30pm, “non-noisy work” from 8:30 am to 5:00 pm, weekdays only, with no work of any type permitted on legal or religious holidays. 
  6. Time limit:  You don’t want a contractor taking on more jobs than he can finish, and wind up spending six months finishing a job in your building instead of three.  Most alteration agreements limit construction to 120 calendar days (not business days), with shareholders charged $150-200 for each day exceeding that time limit.
  7. Right to stop: The alteration agreement should allow the board or managing agent to stop the job at any time without incurring any liability, if they reasonably believe something is amiss.
  8. Hazardous material removal guidelines: Clearly specify how hazardous materials like lead based paints and asbestos will be removed, and require that the contractor use licensed abatement professionals.
  9. Gas line don't-touch policy:  A gas line must be turned off in order to move it, and before Con Ed will turn it back on, they perform a pressure test on it.  Almost invariably, Con Ed finds that the line is leaking and orders it shut down—impacting every apartment that shares the gas riser—until it is repaired and the test is met. That could add up to a month or more of multifamily misery. 
  10. ‘Wet-over-dry’ renovations: A rule prohibiting wet areas like bathrooms and kitchens from being expanded or moved above dry areas like bedrooms and living areas will prevent a lot of future heartache and expense when the almost inevitable leaks occur. 
  11. Future maintenance and repair obligations:  The resident and subsequent owners are liable for any maintenance or repair issues related to a changed condition in the apartment. 
  12. Conformance to plans:  The final work must conform to approved drawings and plans. 

 


Robert Braverman, Esq., is the managing partner of Braverman & Associates, specializing in the representation of New York City co-op and condominium boards. Read more of his legal advice in The Board Room.

 

 

Teri Rogers Headshot - Floral

Teri Karush Rogers

Founder & Publisher

Founder and publisher Teri Karush Rogers launched Brick Underground in 2009. As a freelance journalist, she had previously covered New York City real estate for The New York Times. Teri has been featured as an expert on New York City residential real estate by The New York Times, New York Daily News, amNew York, NBC Nightly News, The Real Deal, Business Insider, the Huffington Post, and NY1 News, among others. Teri earned a BA in journalism and a law degree from New York University.

SEE MORE BY Teri Karush Rogers »
Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. We will never promote an advertiser's product without making the relationship clear to our readers.

topics:

boards Neighbors Renovation staff The Board Room
SHARE
TWEET
BRICK’S PICKS
empty nesters in modern kitchen
Empty nester checklist: What to consider if you are buying or renting in NYC
NYC apartment building with AC units
My neighbor's dripping AC is driving me crazy. What can I do?
Historic brick facades of NYC apartment buildings
Getting overcharged by a landlord? Here’s how the Tenant Protection Unit helps rent-stabilized tenants
Apartment buildings in Soho
New Rent Guidelines Board report justifies a rent freeze, tenant advocates claim
Brooklyn apartment buildings
Understanding net effective rent: Here's how to calculate your real monthly rent
image
How much should you renovate your NYC apartment or house before selling?
Follow Brick on Instagram
@brickunderground | #brickunderground
Brick UndergroundBRICK UNDERGROUNDREAL LIFE. REAL ESTATE. REAL NEW YORK.
Social Links Footer
  • Facebook
  • Twitter
  • Instagram
  • Search
Main menu footer
  • Buy
    • The Market
    • Investing
    • New Construction + Condos
    • Affordable Housing
    • Co-ops
    • Negotiating + Financing
    • How to Buy in NYC Guide
  • Rent
    • Affordable Housing
    • Roommates + Landlords
    • The Market
    • The Search
    • How to Rent in NYC Guide
  • Sell
    • Staging + Open Houses
    • Negotiations + Closings
    • Getting Ready
    • How to Sell in NYC Guide
  • Live
    • Neighbors
    • Kids + Pets
    • Neighborhood Intel
    • Products + Test-drives
    • Troubleshooting
  • Improve
    • Small Spaces
    • Small Projects + DIY
    • Renovations
    • Design + Architecture
    • Products + Services
    • How to Renovate in NYC Guide

Get more news you can actually use...

Email Address

Delivered to your inbox weekly - for free.

*By signing up you agree to receive occasional emails on behalf of our sponsors

Footer Menu
  • About Us
  • Advertise

Copyright 2009-2024 by BND Ventures Inc | Privacy Policy | Terms of Service | Ad Choices | Login