New York's Cooperative and Condominium Community
Thanks all for the feedback. I reread the documents, including the By-laws, which clearly states that "The Corporation have entered into or shall enter into a Regulatory Agreement with the City of New York, acting by and through its Department of Housing Preservation and Development ("Regulatory Agreement"). The Regulatory Agreement contains restrictions and requirements concerning, among other things, renting and subletting, right of certain tenants, restrictions on shares of individual units, increases of maintenance charges, assessments, transfer fees, primary residency, management training for directors, and reserve funds. The Regulatory Agreement has been or will be recorded against the building and the Corporation, which will be subject to all the terms and conditions obtained therein."
To me, it sounds like each shareholders should have been given a copy of the Regulatory Agreement (for the record, we were not), since the RA is referenced in the By-laws. And maybe I'm taking it too far in my interpretation, but since we have to abide by that agreement, only the City of New York could change that agreement (including the resale policy). As mentioned the current resale policy was never shared with the shareholders (the board admitted to it when asked during a recent meeting of the shareholders and they didn't want to discuss it, because they claimed that it wasn't the right time, since most shareholders didn't even have a copy of it). And yet, at least one apartment is currently on the market with this new resale policy handed out to perspective buyers.
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