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problem with a shareholderNov 28, 2012

It seems the shareholder could have a problem with keeping her apt clean and there is a terrible smell coming from the apt and people on the same floor are complaining about it The apt is on first floor in the lobby. Is it the board's responsibilty to speak to the shareholder or should the neighbors on her floor address the problem

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Problem with a shareholder - Steve-Inwood Nov 28, 2012

Hi Maureen,

Count your blessings that you only have one! :)

Seriously, if you have a manager, have them deal with the shareholder. This way their file will contain documentation in case you have to go to the next enforcement level: court. Also, if there is smell, there might also be vermin which can and will travel throughout the complex. If vermin are present, you face a long amount of time to eradicate them so act quickly.

The problem with having the shareholders getting directly involved is that the issue may not be resolved. Then the shareholders will feel empowered to call the City and you will now have violations on the building. Then you will still not have the necessary documents saved for a court case which will delay enforcement.

If you don’t have a manager, well this is the glory you signed up for when that decision was made. Have no less than two Board members go and approach the offending shareholder.

Good luck!

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evil smells - dsi Nov 30, 2012

And... if that apartment-with-smells happens to be a holdover rental (rent stabilized) from the conversion process and is owned by the Management company/sponsor with an original rental tenant?

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evil smells - brooklyn Dec 01, 2012

One thing to consider if the apt. is on the ground floor/lobby—check the garbage shut. We had something similar in my building. It smelled FOUL! And first we thought it was one apt., then another... couldn't exactly pin it down. It ended up that that garbage had collected in the trash shute and it was rotting in there.

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evil smells - anonymous Dec 02, 2012

If the tenants affected want to approach the neighbor, they certainly can, but it might not be effective. I don't see that it's the Board's job, though. Your best, kindest, and safest approach is to have management handle it. All the neighbors who are affected and taking issue can complain to the manager, giving the argument more weight. But then the request, or dictate, to find and clean up the offending odor should come from the manager of the building. Also consider that something (vermin) has died and is rotting in the walls, causing the odor. Perhaps that tenant is as disturbed by it as is everyone else?

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