New York's Cooperative and Condominium Community
Glad you agree, AdC. A coop attorney works for the coop. We had a Sh who wanted to sue two board members. He claimed they OK'd a new coop fee that he couldn't afford to pay and they knew he had financial problems because he told them so in private as "friends". Our attorney said he couldn't address issues for individual board members and they'd have to get their own attorneys to handle it. (The Sh eventually dropped the whole thing.)
A friend who's on a board in another coop had problems with three Shs who openly told lies about him to get themselves elected. He wanted to sue and asked his coop's attorney for help, but the attorney said no because he only works for the coop. (He got his own attorney and sued the three Shs for liable. A few Shs appeared in court for him to attest that they were told the lies, that were easily disproved, and the three Shs had to pay a hefty financial penalty.
A coop attorney works for the coop, plain and simple.
Obviously, you did not read my paragraph from my original posting. This is the answer you are looking for. I have corrected some mistakes in quoting:
"Over the years, what I have objected from some ignorant (not to call them ILL-INTENDED board members) is their calls to the co-op counsel, insurance brokers or other professionals to consult [their] the particular board member's own point of view or TO raise issues that reflect their own point of view WITHOUT BEING DELEGATED BY THE BOARD TO DO SO. This is AS IMPRUDENT AS the PRESIDENT acting on his/her own. Unless a board member is empowered by the board to do the contacts and report back, individual actions send the signal of a weak, divided board or the wrong decision. Thus, to act as a board, all participate, all volunteer, all work in the measure of their talents and all live by the decisions of the majority; the minutes will reflect the desenting vote."
NOW, if you find that certain opinions of the president regarding legality are wrong, you challenge it in front of the other board members and request that the "legal opinion" be clarified with the co-op attorney. If you find the other board members to go with you, no big deal for the president to say, OKAY, let's consulted. WHO VOLUNTEERS to do the calling and report back to the board? Otherwise, to send an e-mail to the co-op counsel with the question with copy to all board members will do. If you have no e-mail, then the person who does have one will make copies of the co-op counsel's asnwer and distribute.
The case is closed!
AdC
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In my case as a board member I have written correspondence to the lawyer asking for explanation of board presidents "law expertise" & it has been over two months & no response from lawyer. I guess our coop lawyer does not know that he works for the entire board of directors and the shareholders as a whole.
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