We recently had a Special Shareholders meeting. We counted the votes and when the attorney for the building, Mr. Karl Bikhman saw that his clients were losing by plaurality, he than stated the BCL and bypassed the By-Laws. The BCL read as he stated that if the election was counted as Culmative than the Special Shareholders Meeting should count that way too. Our By-Laws clearly states that the meeting should be voted as plaurality and that the majority shares is needed to remove the four members as petitioned. Mr. Bikhman only allowed one Board member to be removed and two weeks later replaced him back to the Board because the other three that were left on the Board had a majority on their team. The Board is comprised of 5 vs. 3, they had five in collusion and we had three opposed to the five. We now want to go back to Supreme Court and let the Judge render a decision. The reason we are going back to court is because when we had 30% of Shareholders calling the Special Shareholders meeting the Secretary and the Attorney refused to acknowledge our demand for the meeting and we than had to hire a private attorney Mark Hankin of Hankin and Maisel, in which he allowed Mr. Bikhman to take charge of the decision, without due diligence of our Black Book in which was in his possession since August of 2009. What help of advise can anyone give us, the Board is corrupt,our money is dwindling, decisions are only in favor of those who support them. The list goes on and on, it is almost impossible to live under these fascism dictatorship, we feel as if Resbuton is back as our President, Hitler as the Treasure, Stalin as the Secretary and Machiavelli as the Vice President.
Thanks Westchester for the correction. Certain statues in the bylaws reccomend that you go to the BCL instructing to go to the page,clause etc. But, our bylaws clearly states the majority votes can remove,it does not refer to the BCL to elaborate the law. Thank you for your advise, I told our attorney your advise.
I appreciate your help and any other suggestions you may have.
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More than likely your apt. corporation was formed under the BCL of New York, so the BCL will take precedence over your by-laws. But you should be reading your Prop. Lease and running all questions by the attorney you hired.
Also, it's "Cumulative" and "Rasputin."
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