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We are a small, self-managed HDFC with all shareholders pitching in to do everything from mopping halls; garbage and recyclable disposal; treasurer duties; challenging tax assessments; interacting with real estate brokers and lawyers when there is a sale - and many other duties - and nobody gets paid. One of our shareholders died in November 2015 but her apartment remains empty as her estate has not been wound up. Her brother, who lives out of state, is her executor and hasn't even emptied out her apartment yet. The Estate is paying the maintenance but we need somebody living in the apartment and participating in the chores and running of the building. This is especially important since we are an HDFC. We do have a residency clause in our Lease. The executor was appointed by the Surrogate's Court in September 2016, almost a year after his sister's death, but there has been no accounting yet to the court. What can we do to force a sale or otherwise take over the shares?
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Is the Estate in violation of any clause in the Proprietary Lease or House Rules?
You'll need to check with an attorney whether/how the residency clause in the lease applies to an estate.
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