Thank you all for this good guidance.
We did everything suggested here: wrote the letters, sent digital photos, demanded (to no avail) the plumbers' report, requested mediation (but received no response), stated we would take legal action and finally consulted an attorney.
Our conclusions to date:
-We can't force the board remove the charge without taking the coop to court. Court & attorney fees would likely far outstrip the sum in question.
--We were advised, alternatively, to either file a claim with our homeowners' insurance, or to pay the charge and to try to recoup the funds in small claims court. In the latter case, we're afraid we'll find ourself unevenly matched, against the corporation's attorney.
Certainly seems to suggest a need for "abusive board" legislation.
Further suggestions very welcome!
You were right, all. The board refused. Looks like we're headed to court.
Thanks, anyway, for your good advice.
We have an attorney that can handle pretty much anything, but we're doing some construction work and our board wants to engage a different attorney just to review the contracts of the engineer and construction company. Our attorney says reviewing the contracts is not a problem for him. Do we really need someone who specializes in construction just to read these contracts? Or is it better to stick with the attorney with whom we already have a relationship?
The unsold shares in our building were sold this year.
Is the new owner a "sponsor" or "investor" If an investor
do they have the same rights as the original sponsor. I.E.
voting for officers of the board at election.
What rights does he have? He has no input in the building and gives no help to the hard working board who have their day jobs too. How can we insist on some help from them?
cant ask the accountant as we are in the process of getting a new one - but have a question -
if an assessment for a capital improvement project, such as a new roof, is dissolved by being rolled into a maintenance increase , then can we still realize it as part of the basis on sale of stock? (thereby reducing the tax on sale) - ?
or does it have to remain a seperate line item as an assessment?
You sound very knowledgeble about this, are you in the realty/management, etc. business? If so, may I contact you?
My building currently accepts proxies for our Annual Meeting & Board of Directors election at our front desk. Last year, on at least one occasion, a proxy left for one running candidate was delivered to another accidently. A request for a "ballot box" or lockbox has been rejected by our Board. Any suggestions for ways around this, or other precedent?
We've also had shareholder complaints about our super soliciting them for their proxies. He's been accused of giving the proxies to a Board member/candidate that he has a favorable relationship with. Is it commonly accepted that supers can act shareholders for their proxies?
Our 200 unit co-op has a ground level parking garage and recently the tenant who lives directly above it, who is not a shareholder, has made a complaint to management that the door mechanism can be heard loudly in his apartment every time the a car goes in an out. It is loud and is a nuisance. Can this constitute a breach to the right of quiet enjoyment a tenant has within their apartment. This is the first we've heard about the noise in all the years he's resided there. It is a sponsor-owned apartment. Whose responsibility is it to investigate this complaint and does it need to be remedied now if it has been noisy for many years? Does the co-op have an obligation to muffle/attenuate the noise or is it the sponsor? Thanks.
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