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I've been reading different rules/opinions on the ability of shareholders who are in arrears to vote in an election. One blog, which was posted here at one time, indicated that shareholders cannot be excluded based on 'class' per the NYS BCL. However, I'm reading samples of special meeting notices which exclude shareholders who are more than 2-3 months in their maintenance from participating in any election. Would someone please provide some clarify regarding this situation - a real estate attorney or experienced board member would be greatly appreciated!
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Francis - As a starting point, read your co-op's bylaws and amendments, but there are most likely laws and regulations that govern this as well. The right of a shareholder to vote in a co-op corporation election or other shareholder ballot measure is a very serious legal matter and exclusion needs to be done under very careful and strict legal supervision. Instead of asking for informal opinions about this ("the advice is worth what you pay for it"), talk to your board's attorney. If you believe you are the excluded party, you need to formally engage an attorney (yes, it will cost you) on your behalf. As you noted in your original post there are many differing opinions about this. If you choose to pursue the matter, hire a lawyer to guide you through the nuances.
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