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Board President abusing powerSep 15, 2013

The president of our COOP board is abusing the power and takes advantage of his position disregarding all rules and building regulations.
He deployed his staff to nurse his small kids like babysitters. When one of the staff members rejected to follow his order, he was fired immediately without given any reasons. He uses the super and other building staff to clean his apartment and do out of range repairs of his apartment. He uses the doorman (like a valet parking guy) to drive out his car from and into the garage.
Each year he built-up for his family only a sukkah (temporary hut constructed for use during the week-long Jewish festival of Sukkot) on the building public premises using the time and power of the buildings super and other buildings staff. He connects the electric power to light the sukkat to the building’s meter and we have to pay for it. We don’t have enough votes to remove him from the Board. Does anyone have an idea how to remove this nasty guy (the sponsor with his shares and the management supporting him)? He does not speak to any shareholder in the building telling everyone that he is the owner.
Please advise what and how to act. Any response will be appreciated.

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do this for starters - Ted Sep 16, 2013

Write a bullet point list of his specific abuses (keeping it as brief as possible) and distribute it to all shareholders in the building. You should keep it anonymous and send it via mail as well as put it under doors. Keep it completely factual. Do not exagerate or embelish. If you have dates - include dates.

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Board president abusing powers - JG in NYC Sep 16, 2013

What's the % of sponsor/coop owners ownership? If sponsor owns 50% or more, no vote is going to get him out. Are there any owners willing to run for office? How do the other board members feel? Most of the issues are relatively minor, has he done other more significant things? What kind of apartment repairs? If major stuff, (ie: significant material costs paid by building, couple days/several employees labor, etc.) speak to the DA's office for their opinion.

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Board president abusing power - Mikhael Sep 16, 2013

The sponsor has less than 20% of the shares but the problem is that not too many shareholders attend annual election meeting and he takes an advantage of this situation and getting reelected. No one want to run for the BOD and working with him and to see his face at all. Talking about repairs: we don’t have an access to his apartment and the super will not disclose what he done there being afraid to lose his job. If you consider this as a minor, so what are major violations? To place a security guard at his door who works as a doorman?
Who is going to provide the major stuff, (ie: significant material costs paid by building, couple days/several employees’ labor, etc.). The super or the Management? All of them are together with him and are afraid to lose the business and the job. The DA office do not carry this issues. He has his private video camera at his apartment door.

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Board president abusing powers - JG in NYC Sep 17, 2013

If all this stuff bothers you, either accept it, or try to change it and run for the board. Owners can provide proxies allowing others to vote their shares, without attending the meeting. If your building has an attorney on retainer, advise him on what is transpiring. Copy the management co. as well - they have a responsibility also. Regarding repairs, it's the rare super, handyman, porter that has a full day of work, where some repair work is taking him away from some other urgent task in a common area. How are the building finances, what is the condition of the building? If there is money in reserves, no problems like leaky roofs and walls, things are running smoothly, bils are paid up-to-date, building is clean and in good repair, then consider yourself lucky. If not, people need to speak up and vote him out.
This is a little story about four people named Everybody, Somebody, Anybody, and Nobody.
There was an important job to be done and Everybody was sure that Somebody would do it.
Anybody could have done it, but Nobody did it.
Somebody got angry about that because it was Everybody's job.
Everybody thought that Anybody could do it, but Nobody realized that Everybody wouldn't do it.
It ended up that Everybody blamed Somebody when Nobody did what Anybody could have done.

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Board president abusing powers - JB Sep 22, 2013

What an incredibly naive, tut-tutting, blame-the-victim comment.

From what the original post described, this co-op is run by a sociopath who fires people for not breaking the law at his command. You think he's not going to abuse his power to retaliate against any shareholder who tries to foment an uprising? Have you never attended a history class in your life?

The shareholder has to live in the building with that abusive individual. You think that board president won't retaliate? Won't try to cancel the shareholder's proprietary lease and do other things to make his life hell? What unicorn-and-rainbows world do you live in?

THIS is why we need am ombudsman law and THIS is why we regulatory oversight over co-op and condo boards. The precedent that ruled that the Business Judgment Rule applies to co-ops and condos needs to be overturned, because the BJR clearly was meant to apply to professional businesses ... NOT to AMATEUR BOARDS who don't know anything about business or business judgment.

Until the law is changed, shareholders are helpless against such abuse.

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Boardpresident abusing powers - Rich Sep 23, 2013

You are 100% correct – our board president is a control freak who for the past year and half has had two supers in the building – always trying to evict one for no other reason than that they wouldn’t do his dirty work, i.e. harass owners he doesn’t like, not perform work or services for those on his hate list.
He won’t let owners post to bulletin board – will tear down messages, controls what meetings happen in community room. He self-deals, manipulated his sidekick back on the board after he was voted off. 1/3 of building is getting services so they don’t care; 1/3 are too ignorant to know what is happening and the rest are renters.
I would suggest getting a writer in your building to write a short history of the building – get a group of these stories together and have them published.

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Board President abusing powers - Rich Sep 25, 2013

Again putting together a short story outlining the problems in your building is really the only way to get governmental officials and others to respond. Going to meetings with a box of evidence is just too much for people to read – but a concise well put together short story gets their attention and shows immediately the problems in the building – the evidence can be presented later to back up the story. You don’t need a professional writer – get someone with some creative writing experience. After I wrote my story, I have gotten more attention and replies than all my letters to attorney generals and others put together..

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Board president abusing powers - JG in NYC Sep 23, 2013

So, you're going to do nothing, and wait for a new law to be passed. That's going to change something, when? You need to get the owners interested enough to take action. Without knowing the finances, what would happen if owners withheld maintenance?

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you need to replace the board - thecoopblog.com Sep 21, 2013

I agree with JG in NYC, you need to get on the board if you want to change anything. However, in my experience, you need an entire overthrow so that you and your group of people who also need to get on the board, have the majority of the board. We were able to get 4 new board members in, but the one person who was the "bad egg" was still voted in. Very often, the strong and "experienced" have enough people fooled to be re-elected. I know one building that overthrew the entire board, except the one person that was disruptive. But because he was only one, he was minimalized and they could get things done anyway. We had to wait for the "bad egg" to step down the following year, and then replaced the entire board.

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