New York's Cooperative and Condominium Community
JB - Your post stated the following:
"A board can decide to not enforce a rule," notes attorney Joseph G. Colbert, a partner at Kagan Lubic Lepper Lewis Gold & Colbert, and an adjunct professor at St. John's University School of Law. "If it's just something the board passed and not a bylaw amendment, then the board, like any political body, can interpret when these rules can be enforced, subject of the approval or disapproval of the residents."
I'm not sure what you mean by saying I directly contradicted the above attorney and I, a lay person, shouldn't dispense legal opinion. I suggested to DavidG that his coop see what its by-laws say on subletting before enacting any new policy. I also said business corporation law requires that all SHs be treated the same which is widely known. I didn't contradict the above attorney who said a board can decide when a rule it passed should/shouldn't be enforced. My comments weren't even on that point. Sorry, JB, but I think you did misinterpret my posting.
JB - My posting name is "BP". On my last post, I forgot to put it at the top and my post was sent as "Anonymous." I sent another post noting that. That aside, you're referring to lines about >>must treat all shareholders the same>of course you can always make exceptions on a case by case basis>Thus, board members are fiduciaries to the shareholders and unit owners who have elected them to their position of power. Accordingly, individual co-op and condo board members are strictly prohibited from self dealing to the detriment of their association and its constituent shareholders or unit owners. They are also required by law to treat their shareholders or unit owners with meticulous fairness and equality.<<
See: http/www.cooperator.com/Is-Your-Board-Carrying-Out-Its-Fiduciary-Duty/Page 1.html
I'm sure many other posters here can agree that treating all shareholders the same is a widely known fact and is true.
As for making exceptions, what I said wasn't to imply unfair or unequal treatment - only making an occasional exception to a coop rule. For example, if a coop allows apt work from 8am to 4pm, but a resident asks if his men can work until 5pm which will enable them to finish the work and not have to return another day. That's simply an accommodation if a board deems it acceptable. I doubt there are any coops that won't make exceptions to rules occasionally if they don't disturb the bldg or other residents or aren't unreasonable.
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If I misinterpreted, I apologize. Here's what I read on your posting:
>>it's the required policy legally. That is, under New York State corporate law you must treat all shareholders the same.>Of course, you can always make exceptions on a case-by-case basis.<<
When a layman uses the term "legally" and references "New York State corporate law," my instinct is to ask for a cite. One of the most dangerous things I find in any discussion is the notion that one's lay interpretation of the law is a claim "which is widely known." In my long experience, things we believe are widely known often are not true.
There also seems to be a contradiction, where you say all shareholders must be treated equally, except when you make exceptions. Exceptions, ipso facto, are unequal treatment. {This is different from treating shareholder fairly, which I'm sure we can all agree is the proper thing to do.) So I'm not sure what you're saying.
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