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I'm a condo owner and a lot of owners in my condo are fed up with the current board president and another officer 'cause they never seemed to look out for our interests at all. Instead, we suspect that they cohoot with the Management companies and getting kickbacks. I have started an initiative to replace the president with another person via a joint pertition signed by majority of the unit owners (over 60%). According to the 'house rules', that's all I needed to remove the president. My question is: is this sufficient ? Do I present the pertition to the board president or send it to the corporate attorney ?
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I have read quite a few accounts where the bldgs attorney conducted such planned BOD takeovers where the bldg attorney.acted on behalf of the current board and also threw the election, improperly to the original BOD.
Look at it this way, the managing company and bod are the clients of the attorney, They act in cahoots with threse people. i do not know if they are legally obligated to do so, since they are the sitting bod. I have read either here or at cooperator where the bldg attorney realy threw the meeting to the standinf boartd and it sounded very illegal. Not counting proxys, know the proxy laws, if both people are on the stock , then both people must sign the proxy, or it is legally thrown out. You have the same right so at the beginning of the meeting request a copy of the shareholder list, i believe that is BCL,not a bldg by bldg rule.
Read the proxy law and rules, proxys can be on ant form, it does not hjave to be on the mailed out form, it can be on a pieceof binder paper , aslong as it has the criteria that the bcl specifies.
it will be a battle that may not ne won, or i doubt will be won that night,as the bldg attornry is going to say you lost, if you have a condo, i think it is condo, attorney present, that will stop a lot of the BS.
i personally would hace two people with video cameras video tapinf the whole thing with external mikes. For safety sake do the two person rule, 3 is better. if one of your video people oramnyof yout peopeis brinh thrathned , zoom in and recordit, record ay proxy that is thrown out, the tpe may prove it was a correct proxy and the vote will count in court. Meeting arte held in public places like your lobby, it is a public space for a owner. so they can videotape it. They may try and stop you , call 911, or talk to your preceint beforehand to let them know you may need assistance, but hopefully it wont be an emergency . Get a report from the police concerning the call. All this will help you when you go to court to win.
do your home work on proxys and practice with the cameras if your people are not used to shooting video under stress. If your apartment is close enough or if you know how to extend your signal , you can get a sd card that will live sream to you tube.
i believe in video advocacy,no he said , she said, just the facts.
do not edit the tape , if you go to court and the tape is going to be entered as evidence, the whole tape will have to be provided, or the sd card, not a copy. keep a copy, but they will want the original tape. That is the criminal court way of doing it, but dont blow the case by trying to save 5 bucks and putting something else after the important tape
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Contact attorney and management company.
It's probably not enough.
If it were, half the buildings in New York would be bankrupt !
A meeting/election must be scheduled to remove those individuals, and to fill those seats. Those meetings must be supervised by the buildings attorney. Any irregularity can void the entire process.
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