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The basic process
of renovating in NYC consists of the following steps.
You request permission to make renovations or alterations
to your apartment per a plan or scope-of-work "document"
given to the Board (or most often given to the Managing Agent on the board's
behalf).
The "document" will include the "details"
of what you intend to do. It will include a work statement, and relevant
drawings, renderings and specifications as required by your particular
proprietary lease in the case of Coops, or the "by-laws" for
Condo owners. Depending on the scope of the project, the size of your
bank account and your own predilections, what you give the board for approval
may be put together by yourself, or by your designer or architect.
In some cases we've seen, the "document"
can be as simple as a single sheet of paper that succinctly states the
basic elements of the renewal plan (the "details" in this case).
It might say, for example,
Kitchen Renovations:
• Replace kitchen cabinets and appliances
• Install tiles on floor
• Install granite counter top with tile backsplash
Bathroom Renovations:
• Replace vanity, sink, tub, toilet and faucet
sets
• Replace medicine cabinet
• Install new Tile on floor and around tub enclosure
Additional Plan Details:
• All work uses existing plumbing and wiring.
• All fixtures, cabinets and appliances are a direct replacement
of
"old" with "new".
• Plumbing footprint is unchanged.
• The plan does not involve removal, alteration or addition
of
walls or other structural elements.
• Install new organizers in existing closets
• Add crown moldings throughout apartment.
• Replace baseboard molding throughout apartment.
• Paint apartment.
Some boards are not picky, especially
if you aren't making structural changes, or changes to the plumbing layout
or electrical service panel. Regardless of the scope of work, however,
in most cases the alteration plan or "work statement" will be
given to the management company"s staff engineer for review.
While waiting for engineering approval, you can take steps to satisfy
the remaining board requirements. These generally include providing proof
of the contractor's insurance coverage and obtaining a rider from the
contractor's insurance carrier adding yourself, the board and management
company to those covered.
The management company often wants a copy of a valid license for the plumber
and electrician working on the project. Ask your contractor to provide
these. Once these requirements are met and the engineer signs off on the
plan, the managing agent will fax you an approval letter and work can
begin. Most experienced contractors in Manhattan are used to these requirements.
They take them in stride and provide what’s needed. We've seen cases
where the whole process just described took only two or three days.
In many buildings, it won't be this simple,
unfortunately. It may be that to accomplish something as straight
forward as a "direct replacement" type of remodel, you will
have to provide detail designs, drawings and renderings of what the new
kitchen and bath will look like – and perhaps what the board feels
are other relevant details, including exactly what materials and furnishing
are to be installed.
And in all cases we know of, if you are changing
the floor plan of the apartment, adding or removing walls, installing
thru-wall air conditioning, or changing the wiring layout or moving the
plumbing, more detailed plans and drawings illustrating these changes
must be provided.
And you will typically wait 2-4 weeks minimum before the building engineer
has time to review and approve them. And, in addition, in some buildings
you have to wait for the board to meet and give a final OK. In some coops,
especially, you may wait months.
And, of course, in some cases the board or the engineer won't grant permission
– for various reasons. Usually, when this happens, you are requesting
unacceptable changes to one or more of the following: the building's exterior
architecture, roof line or overall "look and feel", to load
bearing elements, or to its electrical, plumbing and mechanical systems,
especially those shared by your fellow homeowners. If you find yourself
in this situation, you will have to modify or abandon some of your plans
to ultimately receive permission.
Caution: When the board rejects some
element of your plan, don't proceed and make the forbidden changes anyway.
If they find out down the road, they may force you through legal action
to tear out what you did, and restore the unit to the original configuration.
The courts usually back them on this when litigation is pursued. The only
exception is when they give approval, you start work, and then they change
their mind. Normally you have every legal right to proceed in this case.
Of course, get legal advice if confronted with such scenarios.
Further Details
If they grant permission to your request to renovate,
you will sign an Alteration Agreement and typically
provide (or agree to) the following:
| 1) |
A copy of any agreements made
with contractors and suppliers – including architectural
drawings and sketches – i.e. a complete, conformed copy
of the construction contract (actually don’t be surprised
if you have to submit all copies in triplicate).
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2) |
A construction schedule including
start and completion dates.
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3) |
A $250.00 processing fee (actual
fee varies from building to building).
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4) |
Payment of an "alteration
escrow deposit" to the board (variable, but usually $3k -
$5k). If you fail to follow the terms of the agreement and incur
costs or expenses to the building or corporation, they pay for
it from these funds.
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5) |
A copy of any changes to the original
scope of work, provided promptly to the Board or Managing Agent.
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6) |
File plans with the city and obtain
permits when required by NYC building codes and provide a copy
of every permit issued.
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7) |
Proof of adequate contractor General
Liability and Workman's Compensation insurance. (Each building
sets their own requirements.)
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8) |
You agree to complete all work
within 4-6 months (time period is variable). If work is not completed
in the designated time period, owner agrees to pay a penalty of
$250 per day (variable, in some cases the amount is much higher)
for each day the work remains uncompleted.
(Note: recent litigation seems to indicate such
"penalties" are not actually enforceable. Consult an
attorney for specifics.)
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9) |
Work shall be performed only on
normal business days, Monday through Friday between 9:00 am and
5:00 pm. No work permitted in the evenings, or on weekends or
holidays.
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10) |
All deliveries of equipment or
materials to be scheduled a day ahead.
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11) |
All reasonable precautions will
be taken to protect common areas and prevent dirt and dust from
permeating other parts of the building. Hallways and service landings
will be covered with masonite – it will be put down and
picked up daily by contractor personnel. Rubbish will be placed
in bags and removed from the building by construction workers.
If the workmen don’t clean up public areas, the homeowner
will be charged for the expense of doing so.
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12) |
You as the owner will assume all
risks of damage to the building and its occupants that are attributable
to work performed under this agreement.
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13) |
All work will be in accordance
with applicable condo or coop by-laws and/or the proprietary lease.
Including the building’s Contractor Rules for Renovations
and Construction.
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14) |
Failure to comply with this agreement
is a breach and the Condo or Coop board or agent can suspend all
work and prevent workmen from entering.
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15) |
The agreement is binding on all
signators.
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16) |
Contractor shall sign a "Hold
Harmless" agreement releasing the owner and the coop or condo
board from claims arising out of damage or negligent acts by the
contractor, subcontractors or their employees.
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17) |
The coop or condo's building engineer
has a right to make periodic inspections of work performed.
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18) |
48 hours notice is required if
building-wide shut-off of water, gas or other services is necessary.
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19) |
Upon completion of the project,
a copy of a "Letter of Completion" from the Department
of Buildings, if work permits were required. Plus a Certificate
of Inspection from the electrician and plumber when applicable.
Plus in some cases a copy of a Contractor’s Affidavit of
Payment of Debts and Claims. |
In addition to the above points, you may have to sign
Rider’s to the Alteration Agreement that relate specifically to
one or more of the following:
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Asbestos investigation and abatement
work
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Detailed Demolition requirements
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Relocation of Rooms, especially the kitchen or
bath
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Replacement or alteration of Windows
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Plumbing (including new accessible shut-off valves,
and Anti-scald valves)
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Installation of Appliances
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Changes to the Electrical Service Panel
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Paint/Dust and Debris containment and demolition
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Terrace and Deck Guidelines
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Approval when required from The Landmarks Preservation
Commission |
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