You Can't Spell Cooperation Without Co-Op

If my father taught me anything (and there are those in authority who will say he did not), it was to not be rude.

Being rude is unkind, and unless you are running for President, it is almost guaranteed to produce results other than what you intended or hoped for.

Well, perhaps the paterfamilias was wrong.

If you own a co-op unit in New York, and faithfully pay your bank loan, you still may not be able to sleep the blissful sleep of a child.  People who default on their monthly maintenance payments to the co-operative run the risk of having the co-op (or their counsel) contact their bank.

An aggrieved co-op, asserting a lien on the shares for unpaid maintenance, will often be made whole by the bank, who then adds that debt to the unit owner’s bank debt.  The bank then seeks to be made whole by the co-op owner.  It is a good gig if you can get it, and co-op boards do need their funds.

I represent a co-op board with such a defaulting unit owner: the kind that pays his or her bank charges but thinks nothing of stiffing the board.

I located the bank and sent them a letter, asking them to recognize our lien for unpaid charges and seeking to be paid in full.  Nothing.

I sent the letter again.  More nothing.

I located their phone number and called, and the machine I left a message with likewise ignored me.

I found an email address and….wait for it……….the bank failed to respond to me.

The other day, on a warm Sunday, I was sitting in my office feeling sorry for myself while all the other kids were out playing.

I came across that email.  The one the bank ignored.  Not once, but twice.

Feeling pretty powerful, hiding behind my computer screen, I hit “enter” again and again and again and again.  I must have sent that message to the bank a half-dozen times.

“That’ll teach them, “ I said (to no one) and did a victory lap in my office.

When I next looked at my computer screen, I found an apologetic email from the bank, assuring me they would contact me Monday, which they did.  Several days later, I was speaking with the bank’s lawyers, working on the fine points of getting my client paid.

So, I guess being childish and petulant pays off after all.  I wonder if anyone needs a running mate in 2017?

About Howard Poch, Esq.

I grew up in the Sheepshead Bay neighborhood of Brooklyn and graduated from the State
University of New York at Binghamton (it's now called Binghamton University) with a B.A. in English/Rhetoric. I have always had a great interest in literature and filmmaking. (Back in the
1970's, New York City was full of small, repertory cinemas featuring nothing but classic
American films, foreign films and documentaries: those days are sadly gone.) I considered
getting a Masters in Literature and teaching, or attending film school after college. However, I was equally intrigued by the Law classes I took at SUNY Binghamton and decided to attend law school instead.

I graduated from Brooklyn Law School and was admitted to the New York State Bar in 1985.
I began my law career in Sunset Park, Brooklyn, as an associate in the Law Offices of Samuel L. Hagan. I became a partner in the firm of Hagan, Poch & Coury and practiced there till 1995,
when I founded and was principal of the Law Offices of Howard Poch for 16 years. With Lance Luckow, we founded Poch & Luckow, P.C. to emphasize our focus on Real Estate Law and
Litigation and Commercial Litigation.

I have lectured before members of the Brooklyn Bar Association on topics related to Estate
Formation and Landlord-Tenant Law. I am also a member of the networking group BNI
(www.bni.com), and attend their weekly breakfast meetings here in New York City.
I've been in business for a long time and have seen conditions change radically in the New York real estate market, from the "boom" years of the early 80s, when a buy and sell mania gripped the city, to the ensuing period when the bottom dropped out of the market. Everything moves in
cycles, neighborhoods go from cold to hot and back again, and while investing in property is
generally a good idea, it pays to understand the particularities of the New York real estate market.

This market is, in many ways, unique, due to the size of the city and other factors, and there are many regulations that apply here that are different from those in other areas. New York City is
located in New York State, but buying, selling and renting real estate in NYC is a totally different animal from doing the same in other parts of the state. Over the years I have represented or dealt with landlords, tenants, management companies, agencies, brokers and consultants and
understand the business from a variety of angles and know how to tailor my research and advice depending upon the particular situation of my client. From 30 years of experience in real estate
litigation, I know what the law mandates, what works and what doesn't, how to negotiate the
maze of rules and regulations, what agencies to contact for information, and how to deal with the unexpected situations that inevitably arise when dealing with New York City real estate issues.
One constant through my many years of practice in real estate litigation is that I make it a point to be both available and understandable. I can be reached by phone or email at any time, and I make every attempt to respond as soon as possible.

I don't believe in leaving people hanging or making them wait. I also don't believe in excessive "legalese". I want to make sure that I am understood. If someone has little background or experience with legal concepts, I am careful to sit down with them and explain, in plain English, what is going on. It's frustrating to feel that someone is talking down to you or speaking in a language that you don't understand, and I make every effort to ensure that this does not occur. I want all Poch & Luckow, P.C. clients to be well-informed and confident that I am serving their needs properly.

I enjoy legal research, and after years in the field with particular areas of specialization, have become a resource for other attorneys, who contact me to ask my opinion when they are involved in a case that relates to more obscure areas of real estate or landlord-tenant law. I can point them to particular cases or give them examples from Poch & Luckow, P.C files.

When I'm not working, I have continued with another early interest, movies, and enjoy seeing films (and writing the occasional film review). I also pursue my interest in literature and try to keep up with a long list of books that I do plan to read--someday! I have taken guitar lessons and would like to take a refresher class or two. Travel is another passion. Berlin is my favorite city and I enjoy traveling to Europe. Closer to home, I spend a fair amount of time in the Finger Lakes Region of New York State and often travel to Carolina Beach, North Carolina and Delray Beach, Florida to visit friends and relatives and enjoy time by the beach.

Charities I donate to include Doctors Without Borders www.doctorswithoutborders.org , A Purrfect World (Bloomfield, New Jersey), www.apurrfectworld.org, PAWS (Montclair, New Jersey), www.pawsmontclair.org, Alley Cat Allies, www.alleycat.org, Ahimsa House,
www.ahimsahouse.org, and the Mountain Lion Foundation, www.mountainlion.org.