I'm sorry, but I don't understand what you wrote. What information are you looking for?

I think you absolutely have to respect their privacy. Those who don’t wish to vote means they are a no vote and you need 2/3 approval to amend the by law.

Are you trying to embarrass or identify them to other voters simply because they won’t support the by law amendment? That’s what it sounds like to me.

Hope I’m mistaken.

what you are asking is can you shame/bully people into voting. Absolutely not.

Sounds like harassment to me and
In New York bullying is defined as threats, intimidation or abuse.

Have you considered sending detailed Information to all shareholders, which by-laws you want to change, the reasons and the benefits?

Results only need be reported as:
Share preliminary information and voting requisite... then.

XXX Shares For said Amendment
XXX Shares Against said Amendment
XX Shares Abstained
Bylaw Amendment has Passed/Not Passed

It IS possible for NYC/NYS law to supersede by laws. The horrible Roommate law is an example of this for co-ops.

I would ask your CEO to cite which law has changed that now prevents you from recovering legal fees as your by laws state.

If he’s telling the truth, he should be able to explain what has now changed.

If he can’t and/or won’t explain, then he’s probably full of it.

Your CEO might have been referring to the new law “Housing Stability and Tenant Protection Act of 2019” which places a limit on what monies can be collected by a landlord in a summary proceeding.

The "man of a resident"? It's unclear who you think the person was...

call NYPD

I’m not an attorney so remember what you paid for my advice.

If you try to sublet you will be sued and you will lose. That’s because it’s in your bylaws. 2 wrongs don’t make it right.

Even if you “know” that others are subletting, can you prove it? That’s what it comes down to. Not always easy to do.

Don’t listen to mgt when they tell you to lower the price. They are just trying to get rid of you. They have no idea why your applicants were rejected.

You need to be proactive in the selling process.

Find out from the Board what are the criteria for buyers (minimum income and other qualifications). Then talk to your broker.

Is your broker aware of all criteria? If there are additional monthly charges for air conditioners and parking, does your broker know them?

I’ve met many unprepared brokers who did not know these things. Your broker may know them and is just lazy and not doing their job. There are lazy brokers out there.

Also, is your apartment in good condition? Are there any undesirable factors involved with your co-op (ongoing assessments) that could be hindering your ability to sell?

If so, that could be a reason why mgt says to lower your price.

But remember that when a buyer is rejected, mgt is not told why. No one is told. We would just tell mgt that “the application is rejected. Please notify the buyer.”

My experience is that applicants are rejected for financial reasons only. Focus on that aspect.

I would ignore the other apartments that may or may not be subletting. Concentrate on your situation and make sure your broker is doing everything possible to sell your apartment.

Good luck.

Marty please reread what I wrote. I understand you think you know everything. Sometimes your advise is OK But I do know for a fact they are subletting to someone. I also would like to hear from people who as had this experience. Thank you Marty

I’m surprised that there is no mention of the stance of the Board on pursuing illegal sublets. I have served on Boards and my experience has been that the Board sets the tone on pursuing illegal sublets and directs the Managing Agent to investigate and
pursue them. When a shareholder complained to the Board IN WRITING about illegal sublets, the Board directed the Agent to investigate. And this led to verification and action. I agree that you won’t win in court. And you can’t force the Board to change its policy. But you can demand that the Board take action to enforce current policy. But if it was never bad I was more interested in selling, I wouldn’t want to antagonize the Board and be pragmatic and lower the price.

I am surprised at how judgemental some people are becoming.

I thought this was a forum for people sharing information. if you don't agree with the responses/advice to your inquiries don't criticize see an attorney.

An article on this site "Waivers and Selective Enforcement" addresses your situation..

https://www.habitatmag.com/Publication-Content/Board-Operations/2011/2011-May/Waiver-and-Selective-Enforcement

Look at Teman.com/GateGuard . It works with your cellphone and we never share your data. We're live across every boro in NYC, from walkups to luxury condos and office buildings. It can buzz an app on a smartphone or tablet or call a phone or land-line.

Just a few words and saving you from enormous headaches. Invest. In. An. Independent. Security. Consultant. They can save you so much more than headaches. They can save you time and a HUGE amount of money.

I was interested in this same topic. I saw the first comment there from Ari about this Teman GateGuard device. I googled it. Under the news tab I saw that this guy was arrested last month for allegedly counterfeiting checks from clients to the tune of $297,000. After that I googled him, too, and now I'm cautious of this device.

What city are you in? Doorking is the most reliable system and is based in MN.

I'm not an attorney so keep in mind the price to paid to hear this.

You say that you were told that inspection is required. The first thing I thought of is what did YOUR attorney have to say about all this? I assume he knew about these inspections after you found out about them.

If the Board's attorney said that you had to provide the information unasked, my first order of business would be to ask MY attorney if it's true and what happens next.

I think you need to speak to your attorney to find out if:
1) Everything you've been told is true
2) Do you have any legal grounds to hold the Board and managing agent responsible?

Good luck and let us know how it turns out.

Thanks. The buyers have returned to the table with the understanding that I have very little time to resolve the situation, so my attorney (who is not a litigator) is trying to negotiate with the building's attorney. She has never seen anything like this. Most knowledgeable people (supers, board members in and out of my building) with knowledge of, but no control over, the "violation" say it's a non issue and the board and agency should just approve the sale. In addition to submitting photos and history, I pulled up all codes related to the situation and it looks like I'm 100% in compliance. My lawyer has submitted this as further support. Unfortunately, even though the board president agrees it seems "silly" she defers to the building attorney. The building attorney wants to add additional protections for fear of a lawsuit from the buyer (despite the fact that they make clear the onus is on the buyer). It seems like they created rules without knowing the law and empowered a super who is power hungry and also ignorant of the codes. Instead of backing down, they are creating hoops I need to jump through. So, I'd appreciate any and all advice in the event that this deal does fall through.