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A Special Meeting was requested by the shareholders and a notice is being prepared by the coop attorney. The shareholders are somewhat upset that the attorney is taking his time to prepare the notice, given the date they requested the meeting. Is it typical for counsel to prepare such notices or is this something that can be handled by the management company, or even the Board, to distribute to the shareholders?
Join the Conversation Comments (2)The board attorney works for the board – he is not going to help overturn the people who pay his salary – enough said.
Generally, the appropriate meeting notice info is included in the proprietary lease.
Here's how I would go about it: I would google the NY State rules for special meetings, probably under AG. I am not a lawyer, and can therefore not give legal advise, but I would assume that you can issue the notice yourself. You probably need to issue the notice 7-30 days or something like that, prior to the meeting. I would also ask the upset shareholder to do the same (without telling him that you have done the same). This way, you have the answer, and you'll also find out that it is quite likely that he is not going to find the information for you, which, in my opinion, means that he has no basis for being upset.
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If your coop attorney is on a retainer, he may be getting paid to do a couple hours of work per month without an additional fee. If he is simply paid for all his services as needed, there is no reason why someone else couldn't have done it. Generally there are certain time frames needed for proper notification of a meeting notice, should be easy to comply.
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