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Routine Management Transition Becomes Logistical Nightmare Thanks to Factionalized Board

Bill Morris in Legal/Financial on June 2, 2015

Queens

Sherwood Village B in Queens. Photo by Jennifer Wu
Sherwood Village B in Queens
June 2, 2015

From the board's point of view, it was. Yet, if there is one thing that is clear about the past few years at Sherwood Village B, it is that nothing is crystal clear — except that the board was factionalized, the issues had become personal, and that (often contradictory) accusations were flowing freely from those on, and off, the board.

This is the story of what happens when warring factions begin to lose perspective and end up nearly destroying a co-op while purportedly trying to save it. "There was bad blood between the parties," recalls Emanuela Lupu, senior associate at Smith, Buss & Jacobs and the building's current attorney. "There [were] politics. It happens sometimes in buildings where you have different factions."

"They had been split for a long time," agrees Abbey Goldstein, a partner at Goldstein & Greenlaw, who had been the co-op's attorney for about seven years. "Depending on who was running and who might get elected, it could change the balance of power. And many of the shareholders were bordering on paranoid [over there, thinking that] everybody is a crook. I'm a crook, the accountant is a crook, the managing agents are all crooks. The board was split down the middle ever since the day I was involved."

Accusations

Sherwood Village B was born in 1960 when the federal Department of Housing and Urban Development (HUD) insured its 40-year underlying mortgage. For the next four decades, the co-op had to adhere to strict HUD guidelines. A longtime resident describes the early years of the co-op — 135 units in two six-story brick buildings — as "peaceful." Speaking on the condition of anonymity, a former board member observes: "It started to change when one individual started accusing the board and the professionals of being thieves. And it never stopped."

Meet the Desrosiers family, Joseph and Olga, who moved into the building in 1988. Joseph served as the board's treasurer from 1991 to 1995 and immediately began stirring things up. Convinced that the co-op was riddled with corruption and "fictitious billing," he got HUD and the Queens district attorney's office to open formal investigations. Neither found any evidence of financial wrongdoing. Goldstein says that after a while crying out "Corruption!" became tired. "I'm not saying there's no such thing as corruption or that boards shouldn't be wary," he observes. "[But] some members of the board have been saying 'corrupt, corrupt, corrupt' for a long period of time, without citing any evidence."

Indeed, during this period, Sherwood Village cycled through three management firms, with each company starting out as the new White Knight, and then departing some months later as the blackest of villains, corrupt to the core, joining the string of lawyers, accountants, and contractors who had been similarly accused by Joseph Desrosiers.

Who was right? What was going on? And how would the building cope? We continue on the nightmarish journey next Tuesday. Don't miss it! 

 

Photo by Jennifer Wu

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