The
Seward Park Garage
Our garage has been the subject of great expense, inconvenience, litigation,
and rumor. I've dug into a number of issues. Here are my findings.
The jury in the garage insurance claim lawsuit against the Greater New
York Insurance Company (GNY) recently returned a winning verdict for Seward
Park. The verdict includes $12 Million in damages plus interest, for a
total of approximately 16.5M.
But it’s not over yet. GNY can try to have the verdict set aside
and, if unsuccessful, can appeal the verdict. Therefore, though we expect
to prevail, there is no guarantee that we will. During the course of these
attempts, interest charges of about $90K per month would be added to the
award. At any point, GNY can also make us an offer to settle the case
for a lower amount. In any case, we don't expect to see a final resolution
until the end of 2005.
Another garage lawsuit was settled without such positive results. UltraEast,
the former garage operator, sued us in an effort to return as the garage
operator for another ten years. We settled the lawsuit for $350,000 (our
insurance company paid about $20,000). The new garage will realize about
$56,000 per year more than the old garage operated by UltraEast, but it
will take quite some time to recover from the judgement.
I obtained from Mitch Kupfer, former chair of the Garage Committee,
a list of spots and users, and set out to investigate a number of questions
that are often raised about the garage. I found that management of the
garage is very dynamic, with new motorcycle spots being added regularly,
new vehicles replacing old ones, and shareholders registering multiple
vehicles for their spots. Mr. Kupfer, was able to answer all my questions
with his uncanny ability to recite information on virtually any spot or
vehicle — but to my dismay, documentation of many details is not
up-of-date and is distributed across so many files and lists that it was
impossible for me to verify much of the information. For example, a quick
check revealed that about 15% of the spaces in the indoor garage are occupied
by cars that were not recorded on my list. Mr. Kupfer defends this, saying
that there are many shareholders with alternate vehicles registered for
their spaces, and that such information is well-documented on other lists.
This may be so, but such a bad filing system is worrisome nonetheless.
The garage is currently managed by the Board in order to save the hefty
$50,000 that, according to Kupfer, Cooper Square would charge to manage
it for us.* I
don't disagree with this as a fiscal decision, but I do object if the
result of the Board's management is a system rife with unaccountability.
What is desperately needed is some sort of database where all garage information
is consolidated and maintained.
The garage accomodates about 400 cars and fifteen motorcycles. According
to Mr. Kupfer, it produces a net income of about $280,000 per year. At
$95/$75 per month for indoor/outdoor spots it is significantly less expensive
than most commercial lots.
The garage houses a portable battery charger and air compresser that
are available for use by Shareholders.
* I was advised by Board Member Don West that "Cooper
Square was supposed to manage the garage including maintaining the waiting
list and issuing stickers as per our negotiations prior to signing their
management contract at no extra charge." Mitch Kupfer declined to
back up his numbers or rationale for having the Board manage the garage.
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