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Does the board has to keep accurate minutes in an eviction proceeding, and include the name of the person(s) making the accusation?
We just ended a court case, I wont go into the details, BUT,,, the fact that for years there was no mention of the problem/situation -- in the Board min, was a very BIG issue with the judge. The owner had been on the Board all those years, and with a complient board, kept his situation out of the min.
We learned that Board min are not only a legal record, but can also help in traceing leaks/strutcual problems and problem owners/tenets. As oppose to putting in the name of the owner/tenet you can put in the apartment number.
I strongly advise all Boards to start looking at the min, as an important record for future boards. VP
When you say "the owner," do you mean the sponsor or just a shareholder?
The owner is a Shareholder. However, it would make no diffrence. The Board min are a valuable/legal record of everything that goes on in the building.
you must be vERY careful to be very accurate and have good faith when evicting someone for non-financial reasons. do not be biased, in accurate, have unfounded accusations or discriminate or you place the coop at risk.
Corporate minutes are valuable to any case. They can also hurt the Board if not written properly, so many secretaries are vague as not to cause undue liability, some do not include items as not to scare buyers, and for many other reasons... But when you get before a judge, you better have everything in order. Yes, make mention of it in the minutes; no, do not add every detail.
In short: Have a separate log and/or record with all documents very well kept, keep your minutes short, to the point, descriptive of the matter at that pint in time, but not so much of the discussions themselves or the participants (unless you make third party reference to an attorney opinion, etc)
i.e. The board was advised by Larry Lawyer to commence a holdover proceeding against a shareholder for failure to clean their apartment and creating a fire hazard for the building.
A vote was taken and the Board agrees with the opinion of Council.
(This was an actual case we had in one Coop I manage - we won and the Coop recovered the apartment!)
Best
~AR
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I believe so, down the road when you have to go to Court, you should have a paper trail!
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