New York's Cooperative and Condominium Community
What can a HDFC/Co-op do to safeguard the Board of Directors from threats and assaults of shareholders who are enraged not because of something the individual did but because of something the co-op/board did but assaulted the Board Member for carrying out their elected duties. The surveillance video shows/confirms that the attack was unprovoked, and the blow was sustained while the Board Member had her back towards the male shareholder.
The shareholder assaulted a Board Member with bodily harm where the member was knocked unconscious, broken nose, black eyes, dizziness, surgery on nose, delay in speech and anxiety and traumas. Police issued a warrant for arrest of the shareholder(perpetrator) for a felony 1st-degree assault charge; however, he is still at large.
Can the Co-op have rules/protocols/procedures in place such as offer $2000 in reward money for information leading to the arrest and indictment of a shareholders who assaults a Board Member who was performing their elected duties and the termination of the perpetrator's proprietary lease?
What can the Co-op do to ensure that its elected official are protected from violet acts while performing their elected duties?
Also, is the Co-op liable because this shareholder who assaulted the Board Member had been a nuisance 100 days prior to the assault? How should the Board Member be compensated for their pain and suffering, loss of wages and the bodily injures?
Any assistance relating to this matter will be greatly appreciated. Thank you in advance.
Board of Director Member
Why haven't the police been called? You have it on tape the board member was hospitalized..The person who assaulted this shareholder/board member should have been arrested. Also you need an order of protection on this person and have a lawyer proceed to remove this person permanently from the building.
This is common sense 101. Best of Luck
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Hi BoD Member - Just a general comment. The situations you describe and the answers you are seeking are way beyond what anyone on this list would want to respond to. It sounds like law enforcement is already involved and you need to let them do what they're supposed to.
I am not familiar with the HDFC governance structure and I'm assuming your co-op has an attorney of record. At the very least I feel your board needs to consult with the co-op's attorney for the answers to the other questions and issues you raise. I'm surprised this hasn't already been done, but if you're asking on here I take it your attorney has not been notified or become involved.
What you should *not* do is take matters into your own hands, offer rewards, take punitive action against the perpetrator shareholder, etc. At best you'll complicate the legal process for dealing with the shareholder, and at worst you'll cause the situation to escalate into something very ugly.
I wish you success in dealing with these problems, but you should not be looking for free advice because it will only be worth what you pay for it. Get professionals involve if you haven't already done so, for everyone's sake.
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