New York's Cooperative and Condominium Community
I believe this was already discussed below ("B/M Breaking By-Laws: Out of Control Board")?
In any event, can you quote the section(s) of your By-Laws that you believe are being broken? Also, are you sure that your By-Laws require a 2/3 affirmative vote of shareholders? I'm asking, because a change of our building's By-Laws can be done by either a 2/3 affirmative vote or shareholders *or* by a vote of the Board.
If you want an attorney's opinion, you may have to pay for it out of your own pockets...but it sounds as if it would be money well spent. Good luck.
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Sorry, but you are wrong. Our By-Laws state, in Article XII, Amendments:
"Section 1. These By-Laws maybe amended, enlarged or diminished either (a) at any shareholders' meeting by vote of shareholders owning two-thirds (2/3) of the amount of the outstanding shares, represented in person or by proxy, provided that the proposed amendment or the substance thereof shall have been inserted in the notice of meeting or that all of the shareholders be present in person or by proxy, or (b) at any meeting of the Board of Directors by a majority vote, provided that the proposed amendment or the substance thereof shall have been inserted in the notice of meeting or that all of the Directors are present in person, except that the Directors may not repeal a By-Law amendment adopted by the shareholders as provided above."
Have you actually read your By-Laws to confirm that it does not contain the above paragraph?
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We have all read the Bylaws, including our lawyer, and our ByLaws do not allow the Board to overturn a Bylaw...
We would be wrong in your case, but in ours -- we are right.
AliceT
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i have been in my co-op for 2 years now and have experienced nothing but heartache.
i have been complaining about mold for 2 years now around my air conditioner and have not gotten anyone to come look at until last week. when someone did come take a look at courtesy of the board,not only did they not fix the mold but they said it was because of my airconditioner sleeve. they took out my air conditioner changed the sleeve and left my air conditioner sitting on the floor. they refused to put it back in. they said the board told them not to put it back in. THEY NEVER TOLD ME THIS UPON THEM COMING IN AT ALL. HE TOLD ME HE WOULD PUT IT BACK IMMEDIATELY. they have also complained that i am using a 220 volt amp to run my air conditioner which was allready established before i moved in and one that they have seen during 3 inspections they have done. They are abusing thier power in order for their electrician and air conditioner people to get paid.
CAN SOMEONE HELP ME!!!!
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Thank you... The only way the BL can be changed is with 2/3 vote of the Shares.... The Board cannot change the ByLaws.
I would be very surprised that a Board can change the ByLaws.... This would leave the SH helpless in the face of BM(s) with a personal agenda -- which is exackly what has happened in our building..
Its now in the CoOp lawyers hands...
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