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Our board will send out notices for our annual meeting and anyone interested in running for the board must give notice to management a month before the meeting is held. They then state there will be no nominations from the floor.
Is this legal?
Check the By-Laws of your co-op to find out what is the process of nomination and if there is such detail contained in the by-laws. If not, you may find out if any article of the by-laws may be changed by the board by way of resolution. For example, many co-op may have resolutions to cover staggered boards. If per chance, the manner in which candidates submit their nominations is an area that a board may change by way resolution, then you want to see a copy of the resolution, when it was adopted and the manner in which it was distributed to shareholders to provide notification. Remember, any changes to by-laws and PL must be COMMUNICATED to shareholders to be valid.
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Again, boards are obligated to distribute resolutions adopted by the board that may impact or modify the by-laws or the Proprietary Lease.
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Check the By-Laws of your co-op to find out what is the process of nomination and if there is such detail contained in the by-laws. If not, you may find out if any article of the by-laws may be changed by the board by way of resolution. For example, many co-op may have resolutions to cover staggered boards. If per chance, the manner in which candidates submit their nominations is an area that a board may change by way resolution, then you want to see a copy of the resolution, when it was adopted and the manner in which it was distributed to shareholders to provide notification. Remember, any changes to by-laws and PL must be COMMUNICATED to shareholders to be valid.
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As if oft the refrain herein, it depends on your co-op’s corporate bylaws.
In our building the bylaws specify that thirty days before the annual meeting all shareholders must be notified in writing of the meeting and the closing date for nominations. While we sometimes put co-op notices under a resident’s door, in this case we mail a letter to all shareholders notifying the shareholder of the date of the annual meeting and the closing date for all nominations. The closing date is two weeks before the annual meeting.
This year the closing date is 4 PM, May 15th, two weeks before the annual meeting. Within minutes, we post the names of all nominees on the bulletin board.
Nominations are never permitted from the floor per our by-laws, without exception.
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Check the By-Laws of your co-op to find out what is the process of nomination and if there is such deetail contained in the by-laws. If not, you may find out what part of the by-laws may be changed by the board by way of resolution. For example, many co-op may have resolutions to cover staggered boards. If per chance, the mannerin which candidates submit their nominations is an area that a board may change by way resolution, then you want to see a copy of the resolution, when it was adopted and the manner in which it was distributed to shareholders to provide notification. Remember, any changes to by-laws and PL must be COMMUNICATED to shareholders to be valid.
AdC
Again, boards are obligated to distribute resolutions adopted by the board that may impact or modify the by-laws or the Proprietary Lease.
AdC
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