Twenty-O-Two to Twenty-O-Three
The Year in Review and a Look Ahead
Stephanie Mannino
DEC/JAN 2003
At the beginning of 2002, the outlook for
the city’s real estate market seemed healthy, if a little
uncertain. September 11th was still fresh on everyone’s minds,
and the aftereffects on the co-op and condo market carried
over from 2001. According to Joanna Simon, a broker with the
Fox Residential Group in Manhattan, “Everyone was in state of
shock [after September 11th]. Some people panicked and wanted
to get out of city, so they put their properties up for sale.”
But with a lack of buyers immediately following the attacks,
most properties just sat on the market. Simon also found that
some prospective buyers who were already in negotiations
pre-September 11th didn’t want to continue and close the
deal.
Starting in January and February of 2002 however, people
began to rebound a little. “They started to proceed with their
lives—and people who had listed their apartments [after
September 11] took them off market and stayed,” says Simon. At
the same time, there was renewed interested in buying in New
York City, and Simon says she “saw a lot of people
negotiating, buying, and selling.”
Broker, author, and education chairman for the Real Estate
Board of New York (REBNY) Sam Irlander of Parker Madison
Partners Inc. a Manhattan-based management company, attributes
what he calls the “spurt in activity” early last year to “an
offshoot of some who where displaced after 9/11.” He thinks
other buyers saw the availability of properties as an
opportunity, and decided to purchase.
This continued into the
spring, which Simon calls “a very busy time. There was a
rallying force among people and businesses.”
But the drop in the stock market last summer resulted in
another lull in the market. “That had an enormous influence on
the real estate market,” says Simon. “Fewer people were in
positions to buy.”
Smaller bonuses, layoffs, downsizing and a weakened economy
all contributed to potential buyers stepping back and staying
put. Steven James, senior executive director responsible for
East Side sales for Insignia Douglas Elliman, says, “It slowed
down in summer and was much quieter than years past.” He adds
that the market has been active year-round for the last 10
years, but last summer reminded brokers of the “old days,”
when summers were slow.
What Sold and What Didn’t
According to James, the entry-level market, which includes
studios and one-bedroom apartments, has seen a great deal of
activity this year. Irlander agrees, noting that properties in
the middle price range—selling at $400,000 or more, and
including studios, one bedrooms, and two bedrooms—moved best.
For many of these buyers, says James, “the alternative is
renting. Consumers would rather buy and build equity.”
Peter Marra, president of the William B. May Company in
Manhattan, says, “I think that interest rates in general have
helped people buy more for the same dollars. Even though the
prices are the same or less [than last spring], they are able
to afford or borrow more.”
For all the entry-level activity, however, the luxury
market is not so strong. Overall listings at Insignia Douglas
Elliman are up 40 percent compared to last year, but high-end
luxury sales are down.
“Sellers have to get into a new reality,” says James. “They
can’t expect high prices they’ve gotten in the past.” He adds
that if buyers have the perception that a property overpriced,
they might go see it, but they won’t make an offer. “Buyers
are very savvy and know when a seller is just trying to cash
in.”
“The market from $1.7 million to more than $2 million has
been really quiet,” says James. He remains optimistic,
however, noting, “It seems in the last few weeks, more buyers
are looking and nibbling. It’s very reassuring.” James adds
that many of the offers are not at asking price, which is an
indication that sellers must pay attention to their asking
prices. He offers an example of a high-priced apartment that’s
not getting offers: “A seller asking $2,225,000 needs to
reduce to under $2 million. When they do that, they will get
offers.” Simon observed that for the first time since 1986, it
appears to have become a buyer’s market.
Why the drop off in luxury sales? “Most of the people who
buy have a reason to buy,” says Andrew Gerringer, managing
director of Insignia Douglas Elliman. “Families are changing,
maybe someone just got married.” This typically accounts for
sales in the lower end of the market. On the other hand, those
already living in an upper-end home “may want 4,000 square
feet, but don’t need it. There’s not as much urgency.”
The Current Market
“The pace is a little off from where we would normally like
it, but there’s been a spurt in the last four weeks in the
higher end of the market,” says Gerringer, who notes that
Insignia Douglas Elliman recently sold a penthouse for $3
million, and two 4,500 square-foot units in TriBeCa.
“What we have now is a mixed market,” says Marra. “Things
are coming on the market that are priced lower than in the
spring, and those are selling quickly. Buyers are active and
ready to buy, but they’re not as frantic [as in the spring].”
Marra thinks buyers are looking for quality-of-life issues,
and taking those into account.
“There’s less discretionary buying now,” says Simon. She
feels the market is “on hold like after 9/11, but for
different reasons. There’s fear of what will happen monetarily
to people’s accounts.”
Gerringer thinks that consumers are “cautiously optimistic
about the coming year. If you don’t have to buy, you can sit
back and wait right now.”
Hot Neighborhoods
Irlander cites Harlem and the Upper West Side as hot areas
that interest buyers. “The market below 96th Street is already
saturated, and properties above 96th Street present
opportunities for development,” he explains.
James agrees:
“There’s a great deal of interest in Harlem townhouses. Those
are great properties, and still tremendous value for those
areas.”
Lower Manhattan also offers opportunity and viability for
residents. “Battery Park City rebounded very fast [after the
attacks],” says James. He also feels the Upper East and West
Sides are especially popular with families.
Simon recalls that last year, people were afraid to move
below 34th Street. “TriBeCa, Greenwich Village, and Battery
Park suffered,” she says. “Now because the area is cleaned up,
there are pretty good prices in those areas, which is
encouraging people to buy.”
For his part, Gerringer feels that “Soho always remains a
very interesting area,” and that the area where the West
Village, Soho, and TriBeCa converge (around Spring and
Washington Streets) continues to be desirable.
Gerringer thinks a good way to gauge the new hot spots
isn’t necessarily the most obvious: follow the artists.
“Artists always lead the front, looking for the cheapest
places,” he says. “Restaurants and bars follow. Then the
rental guys come in with market-rate housing. Then condo guys
come in and show them for that same the amount of money, they
can own.” This is what happened in Williamsburg, Brooklyn, and
now buyers who were priced out of the East Village often move
to Williamsburg or other outer boroughs. Only one subway stop
away from Manhattan, Williamsburg has seen a great deal of
growth during the past few years. Chelsea and Soho have also
undergone this pattern of activity, and more recently DUMBO
has seen an influx of residents.
Ah, the Amenities
While every buyer has individual tastes, there are certain
perks that co-op and condo hunters find desirable. According
to Irlander, outdoor space can be a big bonus to a buyer. He
thinks the ability to combine apartments (turn two units into
one large apartment) is another plus. In terms of interior
amenities, Irlander has found that decorations and features
are often not the deciding factor for someone interested in
purchasing. “They look to buy for the space and location,” he
says.
Gerringer points out that in co-ops and condos, storage
space is always necessary. “We try to provide storage separate
from the apartment, often in the basement,” he says. Parking
is another feature that attracts buyers, especially in areas
where on-street parking is difficult to find.
Indoor features can include new types of stone or glass
tile not typically found in other apartments. Gerringer also
notes that buyers like interesting wood floors—walnut as
opposed to oak, for example. New appliances are always
something buyers like to see. Modern conveniences Gerringer
knows of in Insignia Douglas Elliman properties include
refrigerators equipped with computers, flat-screen televisions
in bathrooms, and above-the-stove waterspouts that tilt out
from wall, directly over the burners.
Simon has noticed that buyers are looking for homes that
are already renovated. “They want to move quickly, so the
chances of selling [a renovated apartment] quickly are much
more viable.” She thinks that most buyers favor recently
renovated kitchens and bathrooms, and “the rest can be
cosmetic; a matter of taste.”
2003: The Year Ahead
Looking ahead, Simon suspects that sellers may continue to
have a difficult time selling their property. “People must be
much more realistic about their asking prices,” she says, and
adds that the future (or at least the next six months) of the
immediate market really depends on flexibility of sellers.
Marra, optimistic about he coming year, feels the market
activity will remain stable and prices will stay where they
are now. He thinks there will be activity and “apartments that
are priced in a range that is comparable to what they are
[currently] will sell [in 2003].”
It’s difficult to speculate on the condition of the market
in the next year. Says Marra, unpredictable world events and
terrorism can affect the market greatly. The financial world
is another factor, although Marra feels it is more stable than
earlier in the year. But an underlying threat of layoffs and
smaller bonuses and raises this year may have buyers and
sellers acting cautiously into 2003. Marra thinks we are
unlikely to see people putting their homes on the market in
the event of mass layoffs. “People very rarely sell primary
residences, even if they lose their job,” he says. While they
might sell vacation homes, they’ll likely hold on to their
primary homes.
“One key factor that keeps the market going strong is that
this is Manhattan, and the population is not getting any
smaller,” Says Irlander. “An increase in people leads to a
demand for housing that is greater than the demand for
commercial space.”
Only time will tell what’s in the real estate forecast for
2003 but if past trends are any indication, the New York
market should weather the storms of economic unrest and come
through stronger than before.
Stephanie Mannino is a freelance writer based in New
York.
Keep an Eye Out
Make Sure Your Building is Free of Fraud
Debbie Hoodiman
NOV 2000
It’s happened twice recently. In the summer of 1994, 72 New
York property managers were convicted of taking kickbacks from
contractors and extorting payoffs. This resulted in a $4
million restitution fund. Then, just last summer, 21
corporations and 62 individuals, including managing agents,
superintendents, vendors, contractors, architects, and even
board members, were indicted for bid-rigging (coordinating
false bids so that the "lowest bid" was inflated) and other
fraudulent practices. Just what can boards do to protect their
buildings in the face of such widespread fraudulent
activity?
In a perfect city, every building would know it could trust
its managing agent. Most managing agents are honest
professionals, but recent years have shown that it is not
possible for boards to blindly feel confident that their
buildings are being run legally. It is in their interest to
actively prevent fraud from happening in their buildings, and
there are simple, inexpensive, and specific ways to help make
sure it doesn’t.
Checks and Balances
According to the Council of New York Cooperatives and
Condominiums (CNYC), managing agents should, at minimum,
provide two financial reports by the 15th of every month. One
report should supply the opening and closing balances and
summarize the building’s disbursements and income. The other
report should list all disbursements, with exact dollar
amounts, copies of invoices, check numbers, an explanation of
any unusual expenses, and a copy of authorization to incur
such expenses. P. Leonard Jones, president of the New York
Association of Realty Managers (NYARM), agrees that this
information is extremely important and suggests, "It would be
important to distribute a package including invoices to the
board president, treasurer, and one other officer and then a
summary of that information should be distributed to each
board member once a month. Each board member should carefully
review reports for the corporation quarterly and ask
questions."
CNYC also suggests monitoring bids closely and comparing
costs of services against costs for similar services from
previous years or against other sources. CNYC provides a
Comparative Study of Building Operating Costs, which should
provide boards with ball park figures of reasonable prices.
Jones agrees that comparing costs for services is important
and suggests reviewing contracts yearly. When searching for a
contractor, he "generally sends out invitations to propose to
five to eight companies to ensure a minimum of three
proposals."
Sam Irlander, president of Parker Madison Partners Inc.
Incorporated, a full-service New York real estate firm, and
associate professor at New York University, stresses the
importance of a hands-on board. This is particularly important
in the case of requesting bids from contractors for services.
"Everything should be on a sealed-bid basis and should always
go directly to the board. This way no one should know what the
bids are until they open them up," he says. According to
Irlander, one way to decrease the chances of fraud is to
remember that choosing a contractor should always be a board
decision and not a managing agent or management company
decision.
A board will probably want to allow its managing agent to
work independently when it comes to routine expenses such as
electricity, but for unusual expenses, CNYC suggests having a
separate checking account with checks requiring
double-signatures, one from the managing agent and one from a
board member. Boards can keep an account with enough money to
comfortably cover routine budgeted expenses, but have a
separate account for non-routine expenses. This separate
account could require two signatures, the signature of the
managing agent and the signature of a board member.
Irlander states that a board can require two signatures on
all checks or they can choose to "set a maximum check amount
that the agent can sign on [his or her] own and require two
signatures on all checks exceeding that amount." Although
signing each check may be difficult in practice, it would
ensure that the manager’s practices are accounted for.
CNYC suggests periodically assigning specific members of
the board to review a particular cost item in depth and report
findings with possible suggestions for improvements. For
example, one board member could focus on paint and investigate
which companies and products have been used, how their costs
compare to other companies offering similar services, how
often the building incurs painting expenses, where supplies
for these jobs have been purchased, and if there are any
recommendations for improvement in this area. Rotating
in-depth analysis of specific expenses will ensure, over time,
that all elements of a building are run in the most efficient
manner.
The easiest way to catch fraud early is to have your
accounting firm review your accounts quarterly, or even
monthly if you suspect something, instead of just
semi-annually or annually. The sooner suspicious activity is
detected, the sooner it can be investigated and acted
upon.
Keep Up With New Laws
It is also important, when striving for building
compliance, to know with what regulations the building must
comply. For example, a law passed last summer prohibited the
practice of torching roofs for replacement. Many buildings
were not aware of the law until recently, and the practice
remained widespread. Keep in mind that not complying with new
laws not only puts residents in danger but can cause potential
legal hazards for boards.
How can you find out about new laws? According Jones, the
primary way to find out about changes in laws is to "have
corporate counsel and require that counsel to keep boards
abreast of changes in laws." He also stresses the importance
of reading trade newspapers such as The Cooperator, NYARM
News, and Real Estate Weekly which put out information to keep
boards informed. Some other ways to make sure you are aware of
new laws are networking with other board members and searching
on the Internet. Know the industry.
In addition, Irlander suggests becoming a member of the
Real Estate Board of New York (REBNY) which, he says, "can
provide you with a fountain of information."
Teaching an Old Dog New Tricks?
What if your building has been running under a single
system for a long time with the same managing agent or
management company? Will you breed resentment by suddenly
adopting stricter policies? What should you do to soften the
transition to new policies?
Jones states, "Any managing agent or agency that wants to
give good and proper service should not object to providing
information." He continues, "Managing agents should enjoy that
type of involvement by a board."
He does agree, however, that a procedures manual, a
reference in which policies are clearly written out, is
helpful. "It is prudent that changes in policy be adopted by
the board and submitted in writing. It lends a kind of
clarity. Reducing it to writing is extremely helpful," Jones
explains.
Also, let your managing agents know that, while you are
checking them, they are also responsible for keeping an eye on
the board’s activities. If a board member should suggest
something that sounds suspicious, the managing agent should
know that he or she is responsible to notify other members of
the board.
Ethics in Management
Board members are not the only ones making sure managing
agents work in compliance with laws and run their buildings
legally. Organizations such as The Institute of Real Estate
Managers (IREM) has created a code of ethics in which specific
responsibilities are discussed in detail.
Similarly, NYARM teaches seven courses on property
management at the NYU School of Continuing and Professional
Education. The courses range from financial management to the
handling of clients, but the one required course is the Code
of Ethics course written by and taught by the Manhattan law
firm Schecter & Brucker.
In Sum…
Although we will never live in a perfect city where fraud
is unheard of, a board that stays actively involved with its
managing agent will feel more confident that its building is
being run legally. Check financial statements closely.
Implement a policy for writing checks, whether this includes
requiring two signatures on all checks, having two checking
accounts, or requiring two signatures on checks above a
certain amount. Be involved in the bidding process when
contracted services are required in your building. Always
present changes in policy in writing so that your managing
agent and management company know what is expected, and keep
abreast of changes in laws. Taking these steps should help
protect your co-op or condo against fraud. A knowledgeable
board is many steps closer to maintaining a safe and
prosperous building.
Ms. Hoodiman is a freelance writer living in Astoria, New
York.
Can You Manage?
Property Manager as Service Provider
David Garry
NOV 2002
When the term “service provider” is used in reference to real estate, usually people take it to mean laundry facility or storage-locker companies, or maybe the firm that runs your building’s in-house fitness center. The term isn’t often applied to managing agents… although perhaps it should be. After all, your building’s managing agent is the professional at the top of the pyramid when it comes to interacting directly with all those other professionals on behalf of your board and residents.
“Managers do everything,” says Michael Berenson, president of Manhattan-based management company AKAM Associates. “From overseeing day-to-day operations, organizing trash removal schedules to seeing to exterior leaks,” while all the time maintaining the delicate balance between answering to the board while also being a professional in his or her own right, with connections, insider information, and (hopefully) years of real-world, hands-on experience. Looking at your managing agent as a professional service provider—rather than as a casual, all-purpose employee—may inspire your board to communicate its needs clearly and reasonably, evaluate your agent’s performance, and make the most of a very important working relationship.
Not Just Another Employee
Though at first glance your managing agent might seem like another—albeit more involved and more interactive—member of your building staff, he or she is actually quite a bit more than that. According to Sam Irlander, an author, educator, and president of Parker Madison Partners Inc., Inc., a Manhattan-based real estate leasing and management company, “[The relationship] is that of employer/employee, but not necessarily in that context. What many directors don’t realize is that under the law, to collect maintenance or rent, you must have a broker’s license—you must have an agent/principal relationship. It’s a fiduciary relationship, and boards may not be aware of that at all; they may hire a manager with little focus beyond the most basic things they’re paying for.”
Rosemary Paparo, director of management for the Manhattan firm of Buchbinder & Warren, agrees; “I don’t know that [managing agents] are employees—at least not in the strictest sense. It’s a relationship with a client, more than an employer/employee relationship, like with a porter or service person. There’s a certain wider scope of work an agent does.”
Along with the managing agent’s licensure, he or she very likely possesses expert knowledge of a range of building-related issues that the average volunteer board member can’t even begin to guess at. “An agent should have a directory or Rolodex to call upon to answer specific questions,” says Paparo. “Your agent doesn’t need to know everything, but they need resources to call upon if they’re out of their depth.” Things like zoning, building codes, the structure of your building itself, the contractor bidding process, and so forth are what you pay your manager to know about—or find out about—and advise your board on when questions arise.
Rules, Roles, and Rifts
Along with the questions, however, can come friction—particularly if a board insists on pressing forward with a poorly devised policy change, or an expensive project that may jeopardize the building’s finances. While the board is the ultimate boss, the manager often has the most practical experience, and as such deserves a certain amount of deference. According to Berenson, “The agent really has to go with the board’s wishes—unless it poses a safety or legal violation—but we’re pros; we make our recommendations and give our reasons. We’ve gone through every type of circumstance a building could face, and we try to lead them in the most efficient, cost-effective direction.”
But where is the line between your managing agent’s dominion and that of your board? According to Paparo, while your agent may have the inside track on haggling over contracts or navigating the city’s Byzantine building codes, “He or she can present options and offer the board information to help them form a considered opinion, but in the end, it’s the board’s decision—and the co-op’s money.”
Don’t Hassle Me: I’m Local
In a nutshell, your managing agent is there to see to things so your board doesn’t have to. A top-shelf manager will allow your board to do its job—which is to handle issues of building-wide policy and procedure—and swing into action when the time comes to put the board’s decisions to use, and that means interacting reasonably and equitably with residents. After all, even though not everyone in a building can sit on the board, all of them are shareholders in a corporation or property, with a vested interest—both financial and emotional—in having that building run to certain specifications. Many residents see their managing agent as a conduit for expressing their needs and complaints to the board, and expect the agent to act as intermediary between them and their directors. While it’s not reasonable to expect your manager to entertain every single request made by every single shareholder/owner in the building, it is reasonable for a lay resident to expect a prompt, courteous, sincere response to a legitimate concern from their property manager. A good manager respects that, and does what he or she can to see to it that the wishes of shareholders are heard.
According to Irlander, “A manager should be as courteous to [residents] as anybody. Their responsibility is the same: they have a fiduciary duty to shareholders as well as to the board, and while their instructions come from whomever engaged the managing agency’s services, the agent should respond to shareholders, going back to the board with any unusual requests or issues that fall beyond the scope of the agent’s authority.”
It’s Not You…It’s Us
Just as a cleaning company doesn’t just rely on one guy with a squeegee to handle all their contracts, a management company should have a team of people ready and able to assist their agents with running the buildings under their care, and directors able to match buildings with compatible agents. Paparo says, “You look to match the building with the management executive. Sometimes the same person works with the same building for 25 years, and sometimes a building will go through a few different management executives before finding a good fit.”
Occasionally, however, what might have seemed like a good fit turns out to be not so good. “[Sometimes] it happens that that necessary synergy just isn’t there,” says Paparo. “You need easy communication, otherwise it becomes adversarial and just doesn’t work.” And what happens if that synergy never really materializes? Should a board sever ties with their management firm entirely, or simply switch to a different managing agent within that firm? “It’s happened very, very rarely,” says Paparo, “but we have let buildings go whose demands exceeded anything we could reasonably do for them.”
According to Irlander, it’s perfectly all right to switch from one agent to another within the same management firm, though if one of the firm’s principals happens to be overseeing your building and you just can’t get along, it might be wiser to switch management companies entirely. “If you’re working with a principal and your philosophies are in constant conflict, it’s reasonable to suspect that those philosophies and methods will be universal with the firm’s other agents,” says Irlander—at which point it may be time to part company and start fresh.
For his part, Berenson sees to it that “We try to find [agents] who can work with vastly varied personalities, but if it just isn’t working, we’d make a change before it becomes a real problem.”
How You Doin’?
An effective, efficient managing agent ultimately answers to your board, and it goes without saying that open channels of communication between agent and directors is the key to getting things done with a minimum of drama and disruption. There’s no specific set of criteria by which to judge the performance of your manager, but according to Paparo, “A good test is when [as a manager] you’re taking care of problems so expeditiously, people don’t think you’re doing anything.”
Says Berenson, “The key is follow-up—taking items off the agenda. If a board can meet and make actual decisions and not revisit months-old items, you know the agent’s being proactive.”
To insure top-quality performance from an agent, Irlander advises boards to “not be complacent and let the manager do everything. Be hands-on; follow up on instructions given and make sure that your manager is executing them—not the building staff. Your staff should not be out getting bids, in other words.”
The pros are quick to point out, however, that “doing a good job” does not include doing special favors for or giving special treatment to board members themselves, just because they’re board members. Paparo cautions agents against blindly going along with the board, regardless of the circumstances. “Of course, a management company should never get involved in something illegal—if something’s patently illegal, the management should seek their own counsel. New York City is a small town in many ways, and an agency must maintain a good reputation for discretion and tact—sometimes you just have to step back.”
The Last Word
Of course, outright malfeasance is much less likely to happen in a residential building than common, run-of-the-mill misunderstanding and taking-for-granted. If you’re fortunate enough to have a devoted, hardworking managing executive looking after the needs of your building and the people who call it home, you owe it to your agent and yourself to tend to that relationship, keeping it healthy and productive into perpetuity.
As usual, that’s a tall order that may sound easy, but requires commitment, diligence, and a measure of compromise and diplomacy to really work. Obviously, communication is vital to maintain a mutually respectful working relationship. If your board can’t communicate its wishes and requirements to your managing agent, there’s no way the agent can do his or her job—unless they’re a clairvoyant along with being an expert in running large urban apartment buildings.
A good way to educate yourself about the various roles and responsibilities of managing agents is to check out the New York Association of Realty Managers (NYARM) Web site, or the continuing education catalog for New York University (NYU). Both have literature you can order and resources to contact for more information, but more than anything else, what will maximize the positive relationship between your board, residents, and manager is plain, ordinary respect and professionalism. What that in place, the rest is easy.
David Garry is a freelance writer living in New York City.
A Born Leader
A Look at Today's Managing Agents
Rebekah Darcy Mulhare
MAY 2002
They have to worry about everything from keeping track of
financial reports to whether the masonry will survive another
winter. They collect maintenance, track repairs, and soothe
ruffled shareholder feathers. If they don’t know how to handle
something, they had better know someone who does. Part
accountant, part contractor, part therapist, they are property
managers, and they keep New York’s apartment buildings
habitable.
Not Enough Hours in the Day
Manhattan’s Midboro Management, Inc. currently handles 58
properties. Company president Michael J. Wolfe describes the
beginning of his typical day: “First, I check my mail box for
faxes, mail, voice mail messages and e-mail, and prioritize
the group. Then, while I’m addressing the incoming [issues], I
also have to follow up on things like the last board meeting
and ongoing projects.”
A sample to-do list for Wolfe might look like this:
- Call roof manufacturer—advise them that the roof is
leaking.
- Arrange replacement for vacationing maintenance staff
member.
- Obtain bids for new elevator contractor.
- Notify board of possible code violations.
- Meet with architect/engineer and vendor to discuss
status of façade restoration.
- Speak to shareholder behind on maintenance.
- Review and approve invoices.
- Answer questions from prospective purchaser.
- Investigate banging in heating pipes.
- Review alteration application from shareholder.
- Investigate excessive noise complaint from a neighbor’s
apartment.
- Attend evening board meeting.
Of course, the whole list may go out the window if an
emergency or crisis rears its ugly head. “You can start the
day with a plan,” says Elizabeth Hurley, president of Platinum
Properties of New York, Ltd., “and by 10:30 it will change.
You have to be flexible.” Property managers need to be able to
think quickly and creatively.
“You have to be a pretty good problem solver,” adds Hurley.
Emergencies run the gamut from flooded apartments to a tree
leaning on power lines. The property manager needs to know
which contractor or city agency to call in each situation.
A manager may personally oversee anywhere from six to ten
buildings—which can easily add up to a total of 500 to 800
units. How does one prioritize all those people and
responsibilities on a day-to-day basis? Most managers agree
that safety issues top the list. These include roof leaks and
crumbling masonry, electrical shorts or boiler problems. Next
in line is following up on financial and legal deadlines.
Herein lies the demanding nature of a property manager’s job.
Overseeing a building involves operational, financial and
administrative savvy, and good communication skills to boot.
Know Thy Building
A property manager needs at least a basic knowledge of
building systems—including heating, ventilation, plumbing and
electrical—and must be vigilant in keeping them all up and
running properly. Hurley stresses, “If you see something that
might not be right, and you don’t look into it, you might
regret it later.”
“One has to be familiar with the day-to-day running of the
building,” suggests Sam Irlander, president of Parker
Management in Manhattan and an adjunct assistant professor at
NYU’s Real Estate Education Division. “I’ve been to many a
basement and many a rooftop. Operations can be handled when
you have really good staff on-site. You have to trust yourself
and hire the right people.”
“In this business, you have to be organized,” says Michael
Berenson, president at AKAM Associates, Inc. “There’s a lot of
administrative detail, and if you’re not organized, things
slip through the cracks. We require that all our agents keep
action lists, and check them daily.” In addition, a manager
needs to have up-to date knowledge of the local laws and
building codes, to ensure that routine inspections are
successful.
Last but not least in the property manager’s professional
arsenal are people skills.
“You’re dealing with the electrical contractor, the
elevator guy. You’re dealing with your tenancy—the board and
the shareholders,” says Irlander. “Every deal needs a little
bit of love.”
According to Hurley, “A project becomes more special when
you’re able to get the shareholders involved.” She cites an
example of a tree that needed to be planted in front of one of
the properties she manages. What could have been a chore was
transformed into a fun event by inviting the building’s
children to help plant the tree and surrounding flowers. “They
have an interest in how that tree does now,” she adds.
The Many Roads to Management
There may be as many roads leading to a job in property
management as there are individuals who do it. Wolfe grew up
in the business, helping his father run the rental buildings
they owned. “We did everything ourselves, which allowed me to
learn about the operation of real estate from the inside out,”
he says.
“By 1986, I decided that I no longer wished to clean sewer
lines, tile bathrooms and personally collect rent. So I
answered an ad in the New York Times and started out as an
assistant manager. By 1993, I owned the company.”
Donald H. Levy is the director of management at Manhattan’s
Lawrence Properties. He began his career as an attorney,
working for 13 years in the smoking pipe industry. Then in
1980, his cousin invited him to join his full service real
estate company, and the rest is history. Levy says, “This job
requires an enormous amount of stamina, patience and endurance
in an industry that traditionally carries more criticism than
praise. However, there’s satisfaction in knowing that you do a
significant job of looking out for the buildings you manage.”
Hurley was an accountant with peripheral real estate
experience when she worked in the conversion department of J.
I. Sofer. “I was making a job change and this came my way,”
remembers Hurley. “I went into property management by opening
my own full service real estate company when the market went
soft in the late ‘80s. We do rentals and sales too, [but]
management provides a steady income and a consistently solid
base for the business.”
Irlander wanted to go into business law. Out of school, he
started to work as a commercial leasing broker. By 1972, he
says, “I decided to do for myself what I had been doing for
others.” He quenches his appetite for things legal by teaching
licensing law to brokers and managers.
Berenson has dual degrees in economics and business. He
jokingly says, “I didn’t know what I was getting into.” From
his start as an assistant property manager in 1988, he has
risen to managing other managers and overseeing properties of
his own. He adds, “There’s a great feeling of satisfaction in
being able to respond to a client’s needs and get things
accomplished.”
The Licensing Debate
While most managers would agree that there is no substitute
for on-the-job training, there are many courses available to
prepare the property manager and further their education. In
order to collect rent, New York State law requires a real
estate broker’s license. The Real Estate Board of New York
(REBNY) offers the curriculum required to obtain a real estate
brokers license. After securing a license, brokers are
required to complete 22.5 hours of continuing education every
two years. While the required licensing of property managers
is being hotly debated right now, the New York Association of
Realty Managers (NYARM) does offer its own certification
course, as do many other organizations, including New York
University (NYU).
NYU offers certifications in Building and Property
Management, and calls their certification “an optional
professional credential.” The NYU certificate is awarded upon
completion of six courses, four of which are from the Building
and Property Management department’s roster and include
courses sponsored by NYARM, IREM, and ABO, and two of which
may be electives drawn from elsewhere in the Real Estate or
Construction departments.
For example, one 15-hour course offered through NYU is an
overview course titled, “Management and Operating Techniques
for Residential Properties,” and another, called “Practical
Aspects of Residential Management” address the basic,
day-to-day skills and knowledge that a successful property
manager must have in order to function. According to NYU’s
continuing education web site, topics covered in both courses
include, “how to run a successful management
company…maintenance of the physical plant, compliance with
local laws…the special needs of government-sponsored
properties, rent collection, landlord/tenant court…co-op/condo
management, and financial reports.”
For his part, Irlander highly recommends aspiring managers
take financial courses. “Your ability to handle other people’s
finances is a requirement for this job,” he says. “Also, a
manager should have a thorough understanding of how to value
and appraise property.”
Levy points out the advantages of operational and technical
classes. “You don’t need to know how to change elevator cables
yourself, but you do need to acquire enough understanding to
fairly evaluate whether you are getting good information from
the people you hire.”
Some of the arguments against licensing property managers
revolve around the great time commitment required for
continuing education. In general, a property manager begins
his or her day before 9 a.m. and ends late in the evening.
“Required education potentially adds another level of time
constraint to people who don’t have a life to begin with,”
says Levy. “On the plus side, going through the process of
certification will thoroughly prepare an individual and give
them the extensive and updated knowledge [they] need to do the
job well.”
The debate continues as to whether licensing is worth the
trouble. While it can certainly enhance a manager’s knowledge,
it remains to be seen whether the credential will make a
significant change in how clients choose a property manager.
At the End of the Day…
Long hours, slim profit margins, and an atmosphere that
most insiders call stressful: why does anyone go into property
management? Professionals say they enjoy the need to
problem-solve creatively, and feel satisfaction knowing they
are creating a wonderful, working place for their residents to
live.
“It’s not just a job,” says Hurley. “You’re giving a
service. You have to preserve the integrity of the building
and the quality of life of the residence. And then you
hopefully improve on it.”
“It’s a wonderful business,” says Irlander. “In 30 years,
no two days have been exactly alike.”
Rebekah Mulhare is a freelance writer living in Forest
Hills, NY.
Keep an Eye Out
Make Sure Your Building is Free of Fraud
By:Debbie Hoodiman
It’s happened twice recently. In the summer of 1994, 72 New York property managers
were convicted of taking kickbacks from contractors and extorting payoffs. This resulted
in a $4 million restitution fund. Then, just last summer, 21 corporations and 62 individuals,
including managing agents, superintendents, vendors, contractors, architects, and even board members,
were indicted for bid-rigging (coordinating false bids so that the "lowest bid" was inflated)
and other fraudulent practices. Just what can boards do to protect their buildings in the face
of such widespread fraudulent activity?
In a perfect city, every building would know it could trust its managing agent. Most managing
agents are honest professionals, but recent years have shown that it is not possible for boards
to blindly feel confident that their buildings are being run legally. It is in their interest to
actively prevent fraud from happening in their buildings, and there are simple, inexpensive, and
specific ways to help make sure it doesn’t.
Checks and Balances
According to the Council of New York Cooperatives and Condominiums (CNYC), managing
agents should, at minimum, provide two financial reports by the 15th of every month.
One report should supply the opening and closing balances and summarize the building’s
disbursements and income. The other report should list all disbursements, with exact
dollar amounts, copies of invoices, check numbers, an explanation of any unusual expenses,
and a copy of authorization to incur such expenses. P. Leonard Jones, president of the New
York Association of Realty Managers (NYARM), agrees that this information is extremely
important and suggests, "It would be important to distribute a package including invoices
to the board president, treasurer, and one other officer and then a summary of that information
should be distributed to each board member once a month. Each board member should carefully
review reports for the corporation quarterly and ask questions."
CNYC also suggests monitoring bids closely and comparing costs of services against costs for
similar services from previous years or against other sources. CNYC provides a Comparative Study
of Building Operating Costs, which should provide boards with ball park figures of reasonable prices.
Jones agrees that comparing costs for services is important and suggests reviewing contracts yearly.
When searching for a contractor, he "generally sends out invitations to propose to five to eight
companies to ensure a minimum of three proposals."
Sam Irlander, president of Parker Madison Partners Inc. Incorporated, a full-service New York real
estate firm, and associate professor at New York University, stresses the importance of a hands-on board.
This is particularly important in the case of requesting bids from contractors for services.
"Everything should be on a sealed-bid basis and should always go directly to the board. This
way no one should know what the bids are until they open them up," he says. According to Irlander,
one way to decrease the chances of fraud is to remember that choosing a contractor should always
be a board decision and not a managing agent or management company decision.
A board will probably want to allow its managing agent to work independently when it comes to routine
expenses such as electricity, but for unusual expenses, CNYC suggests having a separate checking account
with checks requiring double-signatures, one from the managing agent and one from a board member. Boards
can keep an account with enough money to comfortably cover routine budgeted expenses, but have a separate
account for non-routine expenses. This separate account could require two signatures, the signature of the
managing agent and the signature of a board member.
Irlander states that a board can require two signatures on all checks or they can choose to "set
a maximum check amount that the agent can sign on [his or her] own and require two signatures on
all checks exceeding that amount." Although signing each check may be difficult in practice, it
would ensure that the manager’s practices are accounted for.
CNYC suggests periodically assigning specific members of the board to review a particular cost
item in depth and report findings with possible suggestions for improvements. For example, one
board member could focus on paint and investigate which companies and products have been used,
how their costs compare to other companies offering similar services, how often the building
incurs painting expenses, where supplies for these jobs have been purchased, and if there are
any recommendations for improvement in this area. Rotating in-depth analysis of specific expenses
will ensure, over time, that all elements of a building are run in the most efficient manner.
The easiest way to catch fraud early is to have your accounting firm review your accounts quarterly,
or even monthly if you suspect something, instead of just semi-annually or annually. The sooner
suspicious activity is detected, the sooner it can be investigated and acted upon.
Keep Up With New Laws
It is also important, when striving for building compliance, to know with what regulations
the building must comply. For example, a law passed last summer prohibited the practice of
torching roofs for replacement. Many buildings were not aware of the law until recently, and
the practice remained widespread. Keep in mind that not complying with new laws not only puts
residents in danger but can cause potential legal hazards for boards.
How can you find out about new laws? According Jones, the primary way to find out about changes in
laws is to "have corporate counsel and require that counsel to keep boards abreast of changes in
laws." He also stresses the importance of reading trade newspapers such as The Cooperator, NYARM
News, and Real Estate Weekly which put out information to keep boards informed. Some other ways
to make sure you are aware of new laws are networking with other board members and searching on
the Internet. Know the industry.
In addition, Irlander suggests becoming a member of the Real Estate Board of New York (REBNY)
which, he says, "can provide you with a fountain of information."
Teaching an Old Dog New Tricks?
What if your building has been running under a single system for a long time with the same
managing agent or management company? Will you breed resentment by suddenly adopting stricter
policies? What should you do to soften the transition to new policies?
Jones states, "Any managing agent or agency that wants to give good and proper service should not
object to providing information." He continues, "Managing agents should enjoy that type of
involvement by a board."
He does agree, however, that a procedures manual, a reference in which policies are clearly
written out, is helpful. "It is prudent that changes in policy be adopted by the board and
submitted in writing. It lends a kind of clarity. Reducing it to writing is extremely helpful,"
Jones explains.
Also, let your managing agents know that, while you are checking them, they are also responsible
for keeping an eye on the board’s activities. If a board member should suggest something that
sounds suspicious, the managing agent should know that he or she is responsible to notify other
members of the board.
Ethics in Management
Board members are not the only ones making sure managing agents work in compliance with laws
and run their buildings legally. Organizations such as The Institute of Real Estate Managers
(IREM) has created a code of ethics in which specific responsibilities are discussed in detail.
Similarly, NYARM teaches seven courses on property management at the NYU School of Continuing
and Professional Education. The courses range from financial management to the handling of
clients, but the one required course is the Code of Ethics course written by and taught by
the Manhattan law firm Schecter & Brucker.
In Sum...
Although we will never live in a perfect city where fraud is unheard of, a
board that stays actively involved with its managing agent will feel more confident
that its building is being run legally. Check financial statements closely. Implement
a policy for writing checks, whether this includes requiring two signatures on all checks,
having two checking accounts, or requiring two signatures on checks above a certain amount.
Be involved in the bidding process when contracted services are required in your building.
Always present changes in policy in writing so that your managing agent and management company
know what is expected, and keep abreast of changes in laws. Taking these steps should help protect
your co-op or condo against fraud. A knowledgeable board is many steps closer to maintaining
a safe and prosperous building.
Ms. Hoodiman is a freelance writer living in Astoria, New York.
Original Article