New York's Cooperative and Condominium Community
i cant write anymore due to advisability, Is there any document that states the responsibilities of BOD and explains due diligence and the fact that if the pres is self dealing and i complain in writing and at the annual meetings, provide the proprietary lease, house rules, garage rules by-laws, which back up the self dealing , they have to act in the interest of the building, the shareholders, not do as they are told. That if i bring up fraud and mortgage fraud at a annual meeting they are present at, even if he , the pres , states that a apartment that has been vacant for 25 years is owner occupied, maybe they should look into the laws, especially since it may be mortgage fraud. That when a shareholder request the shareholder list, and per the proprietary lease is allowed to examine the books, the other board members should make sure it is provided, since they too have been given copies of the requests. That when the pres is self dealing for his son and there is a written complaint, the pres should not be running the meeting discussing it, and the managing agent should have told him he had to recuse himself if the others couldn't speak up It looks like someone has told the two BOD that are not self dealing or involved in fraud, that they should do nothing. They refuse to do anything
This building is being turned into a rental by the BOD. Majority of owners are not occupiers One of the board members just bought a unsold share apartment and he could buy his apartment from his father for over 10 years, and he asked a neighbor about buying her apartment ,with the plan of renting it out. We had committees till this family took over and they did away with all transparent. I will have to bring them to court for the shareholders list and books, and i will.
I spoke to lawyer that advertises on here, i will be calling the bar about him.
Lawyers shouldn't be playing both sides of the fence, as they do in the co-op world.
i have to get a letter to the DA and cc the world about what i think is mortgage fraud.
I hate to see people that are being BS to by the pres and managing company get jammed, because of what the others did,but they knew of it.
However they were totally wrong on the due diligence when i complained of the self dealing in writing. Shareholders waiting 10 plus years being skipped, while a prime parking space was given to the presidents non shareholder, living at home son, and the family was already over the quota for spots. They never contacted me about it,never asked me who was skipped,i didn't put their names in the letter. There was a lot more i the letter that i should have been questioned about, homo-phobic comments made about a previous board member by the vice pres, and other serious stuff. We haven't received 2011 audited financial report, no one in the building has,we should have 2012 by now..
Any place in the archives that have the responsibilities of BOD. I did find the financial checklist that should be done, this was after the 1998 kick back bust. It was a 2 page letter stating how every board member should examine the books and how the duties should be rotated, like a bank does.
Unfortunately your situation is not terribly uncommon. Unfortunately, from experience I can tell you that there is no place to bring your complaints except if it involves the sponsor owned units. In that case the Attorney General is the agency to contact. On board related issues, I haven't found anywhere to go except Supreme Court in your county and that can become expensive. Please,please, please, contact your state senator and assembly person and beg them to support the ombudsman bill. This is the only possible way we the shareholder, will have an opportunity to be heard when a board is not acting in the best interest of the shareholders. Believe me, we have worse problems than you and there is just no agency who will help.
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Problem is the law on what is a sponsor held unit has flipped back and forth, like the and, or par 14 clause in the proprietary lease. To top it off the AG site had the old 1988 memo stating that the sponsor must be certified and bonded, That holder of unsold shares cannot be a private individual , unless they put up a bond for about 5 years of maintenance.
That has been flipped flopped quite a few times since 1988.
I also noticed that the AG site mentions nothing about having a affidavit about not being in the business of selling names for the last 5 years, as many co-op attorneys will say is required. I am sure if i went with a print out of the AG site , to court , the judge is not going to side with the co-op.
lawyer.
They co-op attorneys are just trying to stop the proper legal process.
I will contact my state rep about the ombudsmen, but it needs a lot of media coverage, so the real estate market realizes it is in their best interest to fix the problem. Every co-op buyer should be informed that they should inspect the board and the board operations , the buyers should be interviewing the BOD about their knowledge of finances, ask to see the bids for the last 5 years of major projects. NO 3 bids, every BOD knows little if nothing of the finances, ADIOS.
The 1998 recommendation by the DA office i will post on my site, and get out there in the wild, so buyers are informed. No reason to let other buyers get robbed. A friend who has been reporting i the courts on real estate know how i can start this in the supreme court, pro se.
I am going to push ny legislatures to have the AG post a flow sheet of how to bring a case to court pro se on their site.
Or i will have someone write it up and circulate it. Anyone can bring the board and MC to court, anyone can subpena the documents that the board refuses to provide. I am sure the judge will not hesitate to have the records turned over , when BCL dictates.
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