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Legislator pushing for certified audits.


At the initiative of Bellmarc Companies principal Neil Binder, representative Howard Mills (R) has submitted legislation to the New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State Legislature A state legislature may refer to a legislative branch or body of a political subdivision in a federal system.

The following legislatures exist in the following political subdivisions:
 requiring cooperative corporations. and condominium condominium

In modern property law, individual ownership of one dwelling unit within a multidwelling building. Unit owners have undivided ownership interest in the land and those portions of the building shared in common.
 associations to obtain a certified audit, prepared by an independent certified. public accountant, on a yearly basis. Submitting the bill in the State Senate is Senator Guy J. Velella (R).

Currently, certified audits are only required under very limited circumstances where a sponsor maintains control over-the property after the date of conversion.

Entitled "Accounting Standards for Condominiums and Cooperatives Two common forms of multiple-unit dwellings, with independent owners or lessees of the individual units comprising the multiple-unit dwelling who share various costs and responsibilities of areas they use in common. ," the proposed legislation also requires that a copy of the full certified audit report be distributed to every tenant-shareholder or unit owner by the 30th day of March for the year succeeding the examination. Buildings with six units or less may be able to waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered.

For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such
 the provision, providing there is consent by two-thirds of the ownership interest.

"Coop and condo boards of directors and their managing agents handle significant sums of money on behalf of their fellow homeowners," said Binder, a principal of one of the city's largest residential broker-age and property management firms. "There should be the highest standard of care and protection to ensure that these sums are being. maintained responsibly. By requiring an audit, the state is insisting that every building independently verify to these homeowners that the money is being maintained responsibly."

Binder, who is also a C.P.A., discovered there were no laws' compelling independent audits while researching revisions for the second edition of his book "The Ultimate Guide to Buying and Selling Coops and Condos in New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
." Shortly thereafter, he contacted Assemblyman as·sem·bly·man  
n.
A man who is a member of a legislative assembly.


assemblyman
Noun

pl -men a member of a legislative assembly

Noun 1.
 Mills and State Minority Leader Charles Nesbitt, who both felt the omission needed to be corrected.

"It's just common sense to want this kind of protection," Assemblyman Mills pointed out.

Although the practice of retaining an independent C.P.A. for an annual certified audit is common in high end Manhattan properties, it is not universal in middle and lower middle income cooperatives and condominiums throughout the state.

"An annual certified audit insures that an independent party is verifying receipts and expenses." Binder added. "It is critical to every homeowner that these funds be used solely for the purpose intended. Certified audits don't only reveal the integrity of the figures, but also add a chilling effect This article or section may deal primarily with the U.S. and may not present a worldwide view.  discouraging irresponsible behavior. In addition, an audit establishes a verifiable record of a building's finances, which may be made available to prospective buyers and enhance a coop's or condo's value."
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Publication:Real Estate Weekly
Geographic Code:1U2NY
Date:May 28, 2003
Words:413
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