New York's Cooperative and Condominium Community
since the MA refuses to record the minutes and provides erroneous info, and the president uses the minutes as his bully pulpit. If one ask for the old timers to make room in the storage area, which the president has 80 to 90% of, he will villify the persom in the minutes and the shareholder will not come to the meeting again.
when i was asking financial questions that are within my right , the president was ready to jump over the tables and attack me and threaten me from the dias.
i want to videotape, with a full size camera , attached to a chair , so that it is not in the way .
it is my bldg. i videotpae police in the street from public property, i know those laws.
i went with videotape and record. They saw it , They said it was illegal. i said they are on my property in my common area. i am a owner and i live here. quite a few of them did not, and are not shareholders.
Plus there a video camera right above out head and 2 more within 15 feet for security. i had asked about if they had picked up any of the meeting where the pres went extremely hostile and seemed like he was ready ti jump over the table and attack me for asking financial questions/.
the super said the cameras didnt pick up any of that,but i think otherwise, since they were pointed at the table, or maybe the MA told him to turn them off for the meeting? i should have checked into that. camera insures my safety and if i attacked, the video would helps a lot in court. MY MA refuses to record the meetings so that they can lie to the shareholders all night. the rest of the board, in the last 3 years has not said anything when i was asking these questions. They don't know that this bozo does not have any extra power besides conducting the meeting. Which he again did not follow the by-laws, which i brought out and read the areas where they skipped. He has done this for over 3 or 4 years, i always bring it up. This year i have to remember to get the letter out for the rebuttal on the minutes, you only have 90 days from receipt to file any problems with the meeting AFAIK. If you feel or know the voting was done in violation of the by-laws, get it faxed over in 90 days.
i use faxes , and sometimes certified if really necessary.
email is something i would not trust for this kind of stuff, unless a lawyer that deals with this ,told me it was ok.
they could easily put your email addy in the junk /spam or delete on receipt list.
lawyers have told me to fax, better than phone calls and letters unless certified, considering it takes 6 months for a improperly addressed letter to get a return to sender. With a fax receipt you can print out what wa faxed and the receipt, which tells you the phone number and pages and successful transmission or unsuccessful xmit/ Plus you can double check the phone number. i personally have a hard time seeing those digits n doing it manually
i should have done that the last 4 years, and required them to provide evidence of the true minutes. on canoe club meetings we were recording the minutes of the meeting 20 years ago, it my fall under no due diligence for the board, especially since every year i question the validity and point out the errors of the prev years minutes. And i usually have to point out the not following of the bylaws for the minutes, which the MA said is just a guide that they don't have to follow. I call it the by-laws that specifically describe how the meeting is to be conducted.
i scanned and OCR all the pertinent parts of the bylaws, therfor i can easily make a copyy , have it in dropbox/goggledocs and have it in pdf and open office text. .odt. mo propritary software anymore for me.
i explained to one of the new board members, do not let this guy drag you down and cost you money, board members are NOT indemnified for failure to stop self dealing, self-dealing, failure to perform their due diligence, violating fiduciary responsibility.
They did not know that, i am sure the MA and pres led to them about that too, making them think they are covered bu a free legal defense when they fail to due their duties and oblations,
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Just a quick question: If this president is so tyrannical, how does he keep getting reelected? And if he owns 80-90 percent of the storage area, can't he be taken to court under the Business Judgment Rule exemption that prohibits using his corporate position for self-dealing?
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the president with the total support and back up of lies by the managing company, whose owner and the co-op president, negotiated the bldg mortgage loan where the owner is on the bank board, and the co-op pres is an investor in that bank. The co-op president was ready to jump over the table when i questioned him on that. The minutes for that june meeting were still not received by october. i called twice and faxed, inquiring about where's the minutes? The management company spun in it to say it was 100% fine. I asked the same question at the cooperater , it was posted, and they said not good. the pres and managing company has turned a building that at acceptance of conversion plan in 1983 was 80% owner occupied.Now he has it down to around 50%, the par 14 in prop lease AND is being ignored even though i gave him copy of the NY law journal case law, that some one here graciously sent . Thankyou mr anonymous, it means a lot! at the same time the MA said that our proprietary lease said or and i said no, i have read it to many times. he convinced the board that it said OR. When the buyers of the apartments went to the interview and said that they were moving in, down sizing, etc. The only person that moves in is the adult son or daughter, between 20 and 30 years of age. The true shareholder never moved in. I didn't realize that until i battled for the shareholder list . and then i was able to check things out. That is why they don't want transparency, and it gets worse. i was injured at work 10 years ago, and became disabled . I had medical stuff i was dealing with, i assumed the new shareholders who paid a lot more were watching things. I am realizing now that they all moved , rather then fight this BS,they moved. Al we have left is shareholders that never come to the meetings,the ones that live here ,but complain about everything, but never have come to a meeting. And the absentee shareholders who are not paying sublease fee's at least not to the co-op.
i wonder what the banks require for owner occupancy for shareholder mortgage? May be fraudulent papers being filled out. I had a talk with the newest board meber, 2 nights ago, knocked on his door, and he is ok, they have been bullshiiting him. I left a copy of the prop lease par 14, with AND highlighted above the mailboxes the next day ,since i was late for the train. The MA told him it said OR, every question i have asked , he has provoded fallse info, that is why he and the pres want no tapes. i habe the meetimng in a half hour, time to get my cameras rigged.
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You can legally tape record a meeting, not sure about videotape, but check into it, that would good.
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