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I'm not an attorney, but recommend extreme caution here:
1--I've seen amendments to By-Laws nullified because they were not properly filed [w/Dept. of State...not the AG]. The procedure is not burdensome, & is required.
2--Boards are typically empowered to modify House Rules without owner vote. I believe By-Laws ALWAYS require an owner vote to amend...usually a super-majority.
3--All By-Laws I've seen require that the content of any proposed amendment be published to all shareholders in advance, typically 30 days before a vote.
Maya - collect all of the paperwork and documentation you can, especially if you have the notifications of the three amendment defeats and the letter where the board takes the arbitrary actions. Contact the A/G's office and ask them what you should do. I am not a lawyer, but this sounds like a violation of laws or regulations regarding co-op corporation governance.
It is possible that the powers the board is assuming are different enough from what would be granted by the amendment and they are within the law for doing what you describe. The A/G's office should be able to help you with this.
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Our building voted against an amendment three times to change by laws – management realizing they couldn’t get the power in the amendment – just sent out a letter assuming all the power – any thoughts?
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