New York's Cooperative and Condominium Community
To become solvent will cost money to pay for past sins.
Cutting payroll cuts services, not always a good path.
Corrupt is a very strong word.
One may use fiduciary irresponsibility. If there is BD&O insurance, and one can prove any illegal action, the current board members can be sued. But, “stuff” you are relating does not seem to give rise to this path.
Drawing down reserve funds is not “illegal”, rather it is a stupid and irresponsible management practice to pay day-to-day expenses from the reserve fund. This also impacts your “individual” tax statements and tax basis at sale time as the reserves are typically set aside and treated differently.
So, financial controls are imperative, good practices re important. Audited statements are a must. If one suspects defalcations, then a forensic auditor may need to be engaged.
If the situation is as represented, there are many analogous postings herein these Board Talk forum. One needs to “search”.
One must wrest control from the incompetents (being charitable) and install professional managers. Remember, running a building is not running a fraternal club or a coffee klatch. Rather, running a building means running a corporation, acting with total fiduciary responsibility (e.g.; putting aside friendships, personal gains, personal desires, subjugating one to the whole). It means the Board acts like a Board.
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This sounds, (all that I have just read from everyone)just like my building, it's awful, a forensic investigator might help but that costs lots of money. Is the Managing Agent just as bad? I would suppose so, because ours is since they only listen to the majority of the members. We have issues where our board made a separate board within. I would like to hear some ideas.
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Yes, the management company is just as bad. We fired them three years ago. Just before these people were elected a new management company was brought in, when these people got elected they tried to corrupt the management company, they refused to participate in our politics, they did nothing for the building and waited till they got fired. These people brought in another management company, they tried to corrupt them, they refused and quit. Now they brought in the company we fired, because they were always corrupt and now they are once again violating their fiduciary obligations, putting on illegal fines to shareholders maintenance statements. They even brought in their own corrupt attorney to work against us.
We had to hire our own attorney to protect us and hopefully, we will win and overthrow them in the upcoming election.
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Could you share the name of your attorney - we need to find an honest lawyer who is able and willing to take on a corrupt condo. We also need a forsenic accountant who would work for a percentage of monies recovered.
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Our board stays in power by bribing a few influential owners who then sway opinion from their friends. These people are loud bullies and most owners don’t want to cross them.
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Our board also stays in power because our management company is able to manipulate and strategize keeping their friends on the board to the detriment of anyone who votes against them. Who is your management company???
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How about if everyone in a corrupt building writes a report to the Attorney General and sends it on the same day. We can alert the press that condo buildings will be doing this and we hope that potential candidates that hope to be elected to the attorney general’s office will investigate and prosecute corrupt boards of directors and corrupt management companies. If we can get this into the press and the attorney general’s office gets enough complaints, they could use condo corruption as a campaign issue. What do you think?
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Excellent idea
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Our Board is split 5 against 3, the five make up their own rules and regulations do not abide by our By laws, they give out fines which are illegal, they only do repairs for those who sign proxys for them, others get harrassed and fined. They have extorted signatures for their proxys. They allowed their friend the Super move out of the building into his new house in a different neighborhood, hired an incompetant to live in the super's apartment, pay him a salary plus union dues, free apartment,gas,electric,phone,cable service, free parking. All this just to replace the super who lives out of the building, still gets a salary without doing his work and we pay for his union dues, gets a free parking spot and if he does do work in the building he expects Shareholders to pay him for anything he does, including illegal renovations on our time. This is part of the corruption. The President of the Board has two apartments, one was her son's until he got arrested for dealing pot, she transfered his shares into her name without paying transfer tax. Her son now sublets without paying sublet fees of $25.00 monthly like other do that sublets. We found through our financials that she paid two Shareholders $3,000 for their proxys and labeled them repairs and maintenance. Since when do co-op's pay Shareholders for their repairs and maintenance and it happened to be the same amount. Yes, we intend to do a forensic audit when and if we win and take over, it will be well over due. When I said cut payroll, we don't need a body to live in the super's apartment that does nothing but sun bath outside our building and talk on his cell phone. As far as the Super we need one who will live in the building and work for the Shareholders. They breach their fiduciary responibility every day and yes we do have BD&O insurance which will be a path we will take with cause. They linked a checking account to the reserve account, when we have an operating account, why are bills not paid from the operating account? How we picked this up was when we went to management to do an audit all the monies that were paid out to the construction company was not disclosed becuase the reserve was in a seperate account held only by the Board's five members. How do I search for these analogous postings? I need to help the shareholders and save my home as well.
Thank you for your response.
Sincerely;
DD
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