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fiduciary responsibilityMay 05, 2010


Your sole responsibility, as a Board Member, is to consider any application to buy with no consideration to legally protected status, such as race, religious orientation, age, etc.

I assume you are a new member of your board and strongly urge you to read widely, deeply and quickly everything you can find about what it means - legally and otherwise - to be a member of a board of directors in a co-op. There are legal pitfalls aplenty, and you don't want to be the cause of any action through unfamiliarity with, say, housing law, as an example.

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Re: fiduciary responsibility - carolnyc123 May 05, 2010


Thanks for your comments. I am aware of not discriminating against any applicants and FYI I am not Caucasian. However, if the board's responsibility was only fiduciary, then boards would never interview prospective buyers or subletters, right? All the info they would need would be in black and white in the board package.

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Re: fiduciary responsibility - ~AR May 05, 2010


Not necessarily Carol..

An interview many times reveals insights to the financial picture as well... do they plan on subletting in a couple months, is she pregnant then quitting her job to be a full time mom (cutting the current salary in half), lots of other questions and clues as to the posterity of the prospective shareholder and if they are a character match for your building (ie: they sing opera all day or teach piano in the afternoons... they hate kids and its a kid friendly building..)

Best
~AR

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