What are the requirements to terminate a shareholders lease for what amounts to be safety and secutiy issues as well as objectionable conduct.
Our coop has a shareholder who is a safety risk to herself and others living in the building.
This shareholder does not appear to be gainfully employed but her parents pay the maintenance.
She brings in drug dealers and various friends to the building that have created a number of incidents, many of which required police department involvement.
Our board is concerned and needs to do something.
are they really, honestly drug dealers or do you just not like the looks of the friends and others?
what sort of inceidents that have required police?
you need to present more facts otherwise this seems like a personal bias and the tenant / ans shareholding parents could sue you for slander or character defemation or any associated acts of bad faith.
I have no personal agenda and have been the lone holdout on this board until recently. I can no longer look the other way as this is a serious safety issue (fires, fights, urinating in stairwells, noise, damaged common areas).
We have confirmation of the drug dealing and the poilce incidents are well documented.
I do agree with Adc that not being gainfully employed has nothing to do with it.
in that case, document everything with dates and times and police reports. you could also tryi imposing fines for trashing any public spaces.
also, try calling the parents.
You can also contact your community affairs officer through your local precinct.
He will work with you, if you have the documentation on the drugs that you say, to bring a holdover and evict them on the grounds that the illegal activity in itself is a breach of lease, the rest is gravy.
Have other residents back you by signing letters.
~AR
we are a 52 unit coop Forest Hills, Queens. We have unmanageable managing agent. We are looking for information on two issues:
1. What can we do to control Managing Agent? He absolutely ignores the Board requests.
2. Can somebody recommend a good Managing agent?
You should never have to "control' your managing agent. Either they manage the building, or they don't.
Have you taken this up with his/her superiors at the management company? If not, that is your first step, if not, then its time to shop.
There is another recent post on here with regard to hiring a new managing agent you can refer to for more information on that. You can email me directly for assistance if you like.
~AR
Try contacting Matthew Adam Poperties, Inc.
(212) 699-8900 Ira M. Meister
Try contacting Matthew Adam Properties, Inc.
(212) 699-8900 Ira M. Meister
There is a (relative recent) case on the books, that was written up in the NYTimes about a board kicking out a coop owner, perhaps you can check the Times archives.
Documentation is vital. Even the smallest incident. And going over and meeting with your local police will add to your case. But you have to take the uncomfortable step, and sign a complaint or write letters.
We have a problem in our building, but the neighbor/owners just wanted the board to do something, but until they started writing their complaints, it was hear-say, and the boards hands were tied.
What happens to the unit of the shareholder whose lease has been terminated for objectionable conduct? Does the apt become property of Co-op or revert to the bank? Is there a time frame in which the kicked-out shareholder gets to try to sell the unit?
As others have suggested, first contact your co-op lawyer.
He/she will help you figure out how to terminate the lease of this person.
It can be done. Most (but not all) proprietary leases say something similar to this: A proprietary lease can be terminated by a vote of two-thirds of shares, or their proxies, at a special meeting duly called for the purpose of terminating the lease of the shareholder in question.
I don't envy you, but your problem shareholder sounds like the kind of person who's workth the effort to get rid of.
Introduce yourself to other members of Board Talk! Log in below or register here.
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.
Both of them go hand-in-hand together. Speak with your co-op counsel, who should have written a series of letters to your resident. If not,then gather all the management correspondence and police reports, speak with your consel and let him/her guide you to a successful termination.
Finally, whether the person is gainfully employed or not, is not an issue since there is no such thing as persons only to be gainfully employed may live in a co-op. Otherwise, you would not have retired people who might have been gainfully employed in the past or someone who is just trading stocks in your co-op.
AdC
Thank you for rating!
You have already rated this page, you can only rate it once!
Your rating has been changed, thanks for rating!
Board Talk members who registered prior to March 9th, 2016 will need to reset their password.