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Board Members StrangleholdSep 28, 2016

We have a small building - 12 units. The majority owner is on the Board, two people who live in the same unit and two other members - totaling five members. The first three have been on the Board for over ten years and refuse to give up their seats. The building has many pied-à-terre owners, who vote by proxy and are not effected by the stronghold that the Board has had over the rest of the unit owners. My question is how can we force retirement of some Board Members, or at the very least declare that it is not in the best interest of the building to have two voters on the Board who sleep in the same bed - can they be unbiased? The decisions that the Board makes are usually driven by the interest of the two people who live in the same apartment and have the majority of proxy voters - it's a no win situation and we feel unheard and defeated before we even have the opportunity to voice our opinion. Many decisions, like to put in an expensive surveillance system, are made without a vote of the building, but each unit owner must contribute to this additional expense (without notice). When questioned, the Board goes on the defensive, because it's their right to make these decisions. What to do? We are trapped!!!

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Stranglehold - Steven424 Sep 29, 2016

From the way you describe your unfortunate situation, the best and easiest way to change the status quo will be to rally the other shareholders to vote out the current slate and vote in a new one. Unless you have a customized proprietary lease and bylaws, voting is based on the number of shares cast for each candidate. The three current board members who live in the same apartment can only vote the shares allotted to their unit. If the rest of the shareholders put together a new slate of candidates and all agree to vote for the new slate, you *should* prevail. I also suggest that you consult with an attorney who specialized in co-op law. This is to make sure your plan will work and that there aren't any obscure gotchas in the PL or Bylaws that will thwart your plans. It will also give you support if the existing board tries to nullify the vote or in some way manipulate the election.

Good luck!

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