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Who gets Coop Abatement after sale of the unit - OG Jan 05, 2020

The unit I sold beginning of 2019 got the 2019/2020 Coop Abatement but when it was disbursed to the unit, I was no longer a shareholder. The buyer received the credit.
I read articles and answers about the Coop Abatement on this site and found the following:

the abatement doesn't belong to the co-op. It's one of the few things that actually belongs to the individual shareholders.

I have a copy of the benefit letter that was sent from DOF to the coop. My name was listed as the Owner.

Can I claim the abatement is mine even though I’m no longer the shareholder.

The management said the abatement stays with the unit hence the new shareholder.
Incidentally the new shareholder would not be eligible to receive it by definition. Nor will they be next tax year because of sale date.

If this is correct, do you know of any legal precedent that we can refer to?
Coop bylaws makes no mention of a case like this.

Thank you for any advice you can give.

> Join the conversation Comments (1)

This is from the DOF website. It looks like the Star abatement remains with the unit until not the previous owner until the end of the tax year.

https://www1.nyc.gov/site/finance/benefits/landlords.page

Exemptions (FAQs)
Must I report the sale of my property?
Adjustments to exemptions are automatically made as a result of the sale of your property. The recording of the deed, except for a life estate deed, will revoke the following exemptions: Basic or Enhanced School Tax Relief (STAR) Senior Citizen Homeowner Exemption (SCHE) Disabled Homeowner Exemption (DHE) Veterans or Clergy Exemption

When will the automatic adjustment from the sale of my property go into effect?
The STAR exemption remains on the property until the end of the tax year (June 30). All other exemptions listed above, are canceled as of the next quarter after filing. Deed recordings require no action by a seller.

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> Join the conversation Comments (1)

@queens Thank you for your reply!
What I really want to know is about the Coop Condo Abatement.
I am still searching for legal precedents if it remains with the unit or not.

Thanks!

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> Join the conversation Comments (1)

You can not claim these benefits they remain with the unit until the above expiration dates.

I have provided a link to the DOF online inquiries for abatements and exemptions.

Their response time has greatly improved or maybe I have just been lucky.

Hope this helps..


https://nycdepartmentoffinance.dynamics365portals.us/SignIn?ReturnUrl=%2Fcreate-case%2F%3Ftopic%3DCo-OpCondoTaxAbatement

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> Join the conversation Comments (1)

I believe that you are entitled to receive the co-op tax abatement because it was your primary residence at the time in question. I think your management company is incorrect.

If the DOF listed you as the owner, then you are entitled to the money. Hang on to that letter from the DOF to the co-op that states you are the owner.

The co-op receives a lump sum for the abatement which is then distributed to the OWNERS who were living there during the time frame in question. Your DOF letter verifies this.

However, it seems that the problem here is with the management company. Even though you're no longer the owner, you were the owner during the abatement period in question.

You may need to consult with an attorney since the management company doesn't seem to be cooperative about the situation, but you were the owners during the abatement period. That's who gets the abatement. The owners during the abatement period.

Seems like the management company just needs to give you a check for the lump sum abatement owed you, and then recover the money from the new owners who incorrectly received YOUR abatement. But, that's their problem, not yours, and they created the problem in the first place.

I'm guessing that the management company doesn't want to be bothered with the extra work, so that's why they don't want to do it.

Good luck!

Stick to your guns. The abatement belongs to you.

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> Join the conversation Comments (1)

@queen
Thank you for the link. I sent an inquiry yesterday. Hope to hear from them soon.

@Marty
Thank you for your input!
What you said is exactly how I feel and thank you for your encouragement.

I purchased and sold a coop in the same month, January 2019, but both were after 1/5.

I realized that I lost my abatement when I received the maintenance bill in April from the new coop. Since the previous owner of the new coop was an investor, there was no abatement left for me, but of course there was the assessment. I had to pay it out of pocket.
Closing was after 1/5 & I missed the status date, so there was no abatement for the current tax year, so I will have to pay another assessment out of pocket again in April.
In the meantime, the Purchaser of the old coop received last year's and will receive the current tax year's abatement, because I was the qualified owner on 1/5, 2019.

We didn't discuss about the abatements at closing, but our sales contract has the following rider.

In the event that there is any refund on any real estate taxes which is attributed to the time period in which Seller owned the unit, such refund shall belong to Seller.
Purchaser agrees to cooperate with Seller in connection with obtaining such refund. If such refund is delivered to Purchaser, Purchaser agrees to hold same in trust and to promptly remit
such refund to Seller. This provision shall survive Closing for one (1) year.

So, I contacted the Purchaser but their lawyer answered that the Purchaser didn't receive a check, only a credit and that was offset by assessment so they gained nothing.
I think this is an irrelevant argument, but what the Purchaser's lawyer is saying it that because they didn't take the money but the management company gave it to them, they owe me nothing and receiving the credit was not their fault.

I found the following letter in the closing package of my current management company, Douglas Elliman.
https://www.ellimanpm.com/package_templates/927d9b71ad6fcac483c7a461204e7967057a9901/preview?resource_id=319

I wish my old management company had this kind of letter at closing so that my lawyer or I wouldn't have forgotten about the abatement.
There must be a reason why Douglas Elliman has this letter for both seller and purchaser to sign.
They don't want to have an issue like I am having.

I will contact the old management company again requesting legal resources if they believe the abatement should stay with the unit and the new owner is entitled to receive it.
I know that's what's happening everywhere, but until I see the legal precedent, I don't want to give up my abatements. It's almost 5K.

My point is simple.
The Purchaser would not have been able to benefit from the Abatement, had we not been eligible residents last year and this year.

I am sharing my story for someone who encounters the same problem as I have.
I will keep you updated.

Thanks again for your support.

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> Join the conversation Comments (1)

OG, thanks for sharing your story. I found it very informative and know it will help others. I wanted to ask you about the January 5th date. In the end the few extra$$$ are not worth the aggravation...

Happy that you found the the link helpful. I had an answer in 48 hrs. Also, when all else fails

Marcel Dixon
NYC Department of Finance│External Affairs
2120602-7004-212-602-7050

DixonM@finance.nyc.gov
Regards,
Queens

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> Join the conversation Comments (1)

BTW, I am not making light of the "Principal". Had you been aware, you could have sold your unit for $5,000 more. I have gone to battle for much less $$$ so keep on Truckin!!!

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sidewalks - DP Dec 24, 2019

Can someone please tell me:
1. Who is responsible for the proper upkeep of the sidewalk in front of a brownstone (Brooklyn)—NYC or property owner?
2. What are the ramifications of/to an owner whose "... PROPERTY IS NOT CURRENTLY VALIDLY REGISTERED WITH HPD"?
I'm looking for knowledgeable answers, rather than opinions, please. Thank you.

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1) The property owner has the legal responsibility. https://www1.nyc.gov/html/dot/html/infrastructure/19-152.shtml

2) Not exactly sure what you're asking here, but if the owner doesn't register, I assume he wouldn't be paying taxes on the property. That won't end well for the owner once the city finds out.

If the property is not registered and someone gets hurt (trip and fall), then the ownership will inevitably be disclosed and it's more bad news for the owner, especially if he doesn't have insurance.

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> Join the conversation Comments (2)

Thank you so much, Marty.
Are you, by any chance, a lawyer?

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I am not a lawyer.

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Thank you!

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Whereas the general sidewalk maintenance is the responsibility of the property owner, if there is a tree along the curb and the tree has raised part of the sidewalk making it unsafe, the NYC Parks Department will repair the sidewalk.

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> Join the conversation Comments (1)

JG - Any idea which agency has jurisdiction if a fire hydrant sits smack dab in the middle of a raised sidewalk?

We've worked with our City Council member for 2 years and no city agency will take responsibility. They all say "not my job."

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Board Confidentiality vs. Government Inquiries - H. Dec 22, 2019

If the Department of Buildings, NYPD, or Fire Department was investigating violations or other matters,, and the Board had otherwise confidential information that would be of assistance, could it be freely disclosed?
(This is a hypothetical)

> Join the conversation Comments (5)

I'm checking with the Board's attorney before I disclose anything.

I worked for a law enforcement agency. This sounds like a 3rd party request for info, meaning that the original agency with the info (the co-op) would have to give permission to the agency requesting the info (DOB, NYPD, FDNY, etc) before the info could be disclosed.

To me, confidential information that would be of assistance is not necessarily the same as information that is mandatory to disclose. I do not think the confidential info SHB disclosed.

See what your lawyer says.

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Maybe I watch too many police procedurals (binging “ Bull”) but indulge me.
What if the police are urgently investigating a crime in an apartment and can’t locate the shareholder. A Board member has the purchase application that includes family contacts, employer information..) it can’t be shared without delay?

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> Join the conversation Comments (1)

That's why I made a distinction between "being of assistance" vs. what you now describe as "investigating a crime." Big difference.

If someone needed to enter the apartment, then I'd say that most co-ops have emergency contact information for shareholders, including the name and number of a person who had an extra key.

As a Board member, I have every legal obligation to protect our shareholders' privacy. That's why I'd be checking with our Board's attorney before I disclose any information a 3rd party.

You must have had a specific circumstance in mind when you asked your question. Why don't you just ask about it and maybe someone can give you an absolute answer?

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A hypothetical -What if the police were going door to door in the
building, on a weekend, asking for information on the whereabouts of a shareholder who is a crime suspect. If a Board member had the
purchase application with family contacts, and good friends who wrote letters of recommendation, could that be disclosed to the police?

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> Join the conversation Comments (1)

Does your board know you are contacting the co-ops attorney for personal reasons Marty? Who ever's question this is, the police can check the names on the buzzer console or call the super/managing agent. Everything is posted in the lobby entry way. So the police, fire dept. or family and friends have the names and apt.#s Whether you rent or live in a co-op or condo.

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> Join the conversation Comments (2)

I would certainly check with my fellow Board members to get their input and get a consensus before contacting the attorney.

By doing so, it becomes a Board decision and not just my own.

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In my hypothetical, the police KNOW the name of the shareholder. But he is a crime suspect and they are urgently trying to find him. Add to the scenario that the Managing Agent’s office is closed.

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Since the police are looking for a suspect, I think the Board should cooperate with the police in any way possible to help them do their job.

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Considering all the different possibilities and permutations of requests and responses, this is a good question to ask your board attorney *before* you have to deal with it directly, possibly in an emergency. Your attorney should know, or at least be able to find out for you what you are required to disclose and under what circumstances.

This would also make an excellent article for Habitat to have one of its legal contributors put together. Just sayin'... ;-)

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I live in a 8 unit coop. A few years ago we had the neighbors from hell - they were running a carpentry shop from their basement using all kinds of VOCs and toxic chemicals; in the midst of this, a tree from the same neighbors rental building fell on my fence and into my backyard and the landlord would not do anything to rectify the situation. In addition, he was renting to a college students who did not understand the basics about how to be good neighbors in terms of noise, parties, etc. Most of this affected me, being located on the first floor on the side of the building next to this horrid neighbor. All this was very distressing and the coop board did not want to do anything to help make my space safe and livable because it really did not affect anyone else in the building.
In my efforts to reduce chemical exposure to myself and my son, I asked the board to assist. They would not and said so adamantly despite my efforts to engage them. At one point, in order to try to further make my case at a shareholders meeting, I asked if they had seen the photos that I had taken with the wood working products stashed right in the window outside my bedroom. The sarcastic response by the soon-to-be president was "I've seen it 100 times". At the same meeting, the current president made the announcement, unprovoked "no one wants to work with you". Then her husband called me disingenuous person. Things continued downhill from there to the point where I have been bad-mouthed, shunned and excoriated at various meetings that followed. I expressed that the ongoing bad mouthing of me at meetings was akin to bullying and scapegoating. (There are 2-3 board members that have been particularly ugly).
With all that said, I would like to know if there is anything that I can do to compel them to stop pouncing on me and attacking me publicly and personally for saying something that they simply do not agree with. Following a great deal of research and reading on the subject of bullying, I have learned that repeated intentional humiliation is a form of bullying. Is there anything that I can do legally to stop the public excoriations and allow me to come to meetings without the anxiety of public humiliation and would compel the board to stop these types of public and personal attacks?

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No good - David Dec 19, 2019

Why are the people so nasty in this building? We went to go see it and when they showed us
the garage it smelled like urine!! what kind of place are they operating here?? not friendly at all!!

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?????

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Hmm... I hope you realize that no one can possibly understand what in the world you're talking about. And that this is not the forum to ask amorphous questions.

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David - if you were thinking of renting or buying in the building, sounds like you got your answer

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shareholders names/addresses - list of shareholders & addresses Dec 16, 2019

do shareholders of a coop have the right to have a list of shareholders and their addresses if the use of the list relates to apartment building business?

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The Truth about rights to shareholder list.

According to the BCL 624, Yes shareholders have a right to review the list with names and addresses, number of shares and date that ownership became effective otherwise known as the record date.

However the person requesting the list is required to
sign an affidavits stating that this list will not be sold or used for any nefarious purposes.

So basically if you are approved to review the list which by the way the key word here is review. They do not just give you a copy of the shareholder list. They allow you to review it in the office where it is being housed and make extracts, in other words bring a pen or two and a ream of paper.

If you are denied the right to the S.L. because lets say you want to share negative information about a board member, then the only way to get access to it is probably with the help of an attorney.

This question has been asked so many times through the years, clearly not very many people have been successful in obtain a copy of the shareholder listing.

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There is a  podcast by Robert Baverman

Titled: What documents are we required to permit unit owners/shareholders to review?

that you should find helpful.

https://www.habitatmag.com/Publication-Content/Ten-Questions-About/Legal-Advice-for-Co-op-Condo-Boards

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Live in super - peoples choice #1 Dec 10, 2019

Our co-op has a live in super for way over 20 yrs. for the last few yrs. he has been very lacked and sends the handyman in his place. A couple of times a shareholder will be knocking on his door, no answer. So I called him on his cell he comes out of his apt. and straight in front of us.
With new equipment and 85% shareholders have renovated their apts. he is not needed 24/7 if anything he should be on part time and be replaced by the handyman. My question is how do we get everyone on board to agree to sell his given apt. and hire an emergency company after 5PM-8PM since the record shows the hotline will instruct the shareholder what to do or wait until the super comes around at 8AM. FYI if he comes at night he smells from beer and saids don't call at night.

> Join the conversation Comments (1)

Sounds like you just really need to get rid of the super, ASAP. Questions come to my mind... Union/Nonunion? What is the manager doing in all this?
Why would you want to sell the apartment? How many units are in the building? Do you need the handyman also, or just an adept superintendent?

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REAPLLC- We are Union Managing agent needs to also go they are also to comfortable after 12 yrs. the agent also calls the super before they come to our building. Thats when the super starts to do things so he can see him doing work.
If we don't have a live in super and higher a company to be on emergency call 24/7 Why not sell the apt? We have a great handyman and porter, like I said the handyman does 99% of the supers job.

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There are two NYC laws related to this. Depending on the size of your building and the number of units you can be required by law to have a live super.

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Gas Line Testing - Local Law 152 - REAPLLC Nov 22, 2019

Here''s a conversation starter and food for thought... Con Ed is on a shut down frenzy and it's going to get worse!

As many are aware, all buildings need to be tested and inspected by a licensed professional, with certifications beginning whenever your specific community Board schedule mandates.

Many pre-war or war era buildings could never pass a pressure test if put to it, and if a line is suspect, they will pressure test it and shut it down.

The inspections right now are simple visual inspections followed by an ambient gas leak detector scan around all visible lines (my assumption is that within a couple short years they will amend the law to include a 5 year pressure test). Only if something is suspect does it become an issue. I was informed by one of our plumbers that Con Ed is wanting them to have special waist clipped detectors that are automatic and will contact Con Ed autonomously if ambient gas is detected. This can be a nightmare since it does not give the opportunity to resolve a simple issue before getting Con Ed involved.

Whats the solution? There isn't one that I know of, butt what I am doing in all my buildings is equipping the supers with personal gas leak detectors and performing constant in house inspections. preemptively replace anything that seems suspect and start making plans and budgets to replace individual lines.

Anyone else have any ideas, thoughts or preventative measures to suggest?

~AR

> Join the conversation Comments (1)

I did a full podcast with this with Greg Quattlander from NY Plumbing, and you may find it useful. https://podcasts.apple.com/us/podcast/20-local-law-152-2016-gas-inspections-greg-quattlander/id1316217394?i=1000457877512

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RF Reports and Cell Site Antennas (5G) - REAPLLC Nov 21, 2019

I have a verizon cell site on one of my buildings where they are wanting to convert to 5G. I am very skeptical about the RF bleed levels into the building and any exposure to my residents in the building. There seems to be too little known about the long term effects of exposure at various levels. FCC sidesteps the safety issues by allowing for signage and precautions on the roof or where ambient RF is, as a way of making what is otherwise not legally acceptable now acceptable and somehow safe.
I have requested from the carrier a complete RF report showing the levels in and out of the building. They agreed and now supplied me with this report which to me does not look as if I would want it in my home, but FCC says its safe with certain compliance mitigations, which is merely signage!

Here's my question: Since I am not an RF engineer, or an expert at reading these reports and only making my assessment based on my limited knowledge and experience, does anyone have or kn-ow of an engineer who can read the report, assess and evaluate the risk and make a recommendation as to whether I should permit or deny the upgrade application?

This is something that I believe effects many buildings, and Board Members and Managers should do whatever possible to not only ensure the safety of the residents, but to mitigate any risk or liability on our end.

Thoughts? Advice? Referrals?

~AR

> Join the conversation Comments (3)

Valid questions and concerns. We have also wrestled with the long term effects of cell towers.

I agree that there is no definitive long term info out there and because of that, we have declined to install it in our co-op. For us, it would be like taking blood money at this time.

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I'm no expert by any means, but I wonder how much 'radiation' would penetrate downward as opposed to outward from the building, thinking I would feel better under it than across the street from it.

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I *am* an engineer, but unfortunately not with the specialties you are looking for. :-) The reason we might notice a proliferation of cellphone towers is not because the Deep State (or your conspiracy group du jour) is trying to exercise mind control by pumping more radiation into our frail physiques, but the opposite. GSM cellphones, the current and almost universal technology, uses less energy than CDMA cellphones. Thus you need more towers for the same coverage area.

GSM is much more directional than CDMA, and JG is correct that as much energy as possible is beamed horizontally. Verizon, AT&T and the like don't obtain any revenue by turning an apartment building into a giant microwave oven. The antennas are aimed, and I would bet there is shielding at the base of the antenna to prevent any leaks into the building.

We're constantly bombarded by radiation from many sources. Cosmic radiation, solar radiation, CT scans, dental X-rays, etc. We've been exposed to all sorts of radiation for so long that the Zombie Apocolypse would have occurred long before now.

But don't believe me. Here's a link to a July, 2019 article in the NY Times about this very topic https://www.nytimes.com/2019/07/16/science/5g-cellphones-wireless-cancer.html . Another good website for debunking conspiracies, myths, urban legends and such is snopes.com

Anything new and not easily understood will frighten segments of the population. So let's look on the brighter side. 5G radiation irradiates and kills the coronavirus. How about that for a benefit!! Prove me wrong! <chuckling>

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> Join the conversation Comments (1)

That all sounds great, but the issue I have is that a cell carrier performed an RF test on our rooftop and within the penthouse areas and found that the radiation bleed is more than 10X the permissible or regulatory limits for safety. Their solution? If they place signs inside and barriers outside, it somehow becomes legal.
Sorry, this has nothing to do with conspiracy, its blatant greed and should be criminal to permit anything over any reasonable (whatever that is) limits. There is no denying that RF of all types are harmful to the human body (which is a virtual electromagnetic antenna). 5G spectrum have been used and weaponized by the military for years.
but that, along with the deep state theories aside... Q
BTW - whos checking the fact checkers? Snopes is soros funded!
So the original posted question was placed as an inquiry as to how to best limit liability, exposure and to see what others who have sites are doing in regard to this,,, I am still seeking someone to create a baseline RF safety report independent of the carrier.

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Security Cameras - Unosay Nov 15, 2019

Our cooperative has not had a quorum in 11 years which is bothers me because we are a large cooperative.Quite a few shareholders didn't get the notice and a complete master list has been denied so we can't reach out to all shareholders. Is a redacted shareholder's list legal? Our board is not knowledgeable about the BCL's and our attorney allows them to do as they please. Security is of the upmost concern here for all due to alleged drug dealing. The board and management has allowed it to escalate to the point we are destroying the quality of life on an entire block of cooperatives. They just started to install cameras on every floor without discussing it with the shareholders. This is after removing live security ten years ago and installing cameras around the complex which is a cul-de-sac. Shareholders were not asked their opinion then nor are they asking them now. What can we do to get our voices heard? Shareholders are reluctant to sign a petition for a special meeting out of fear of retaliation from the board or refusal of services.

> Join the conversation Comments (1)

you are not alone in having shareholders that are disheartened.  I have the same situation in my co-op,

There have been many people who have run or wanted to run for the board but once the current board members and property manager got wind of the candidates, the retaliation began.

Little by little people started to back away, so far away that they stopped coming to meeting or giving their proxies to be voted on their behalf. 

It is difficult to get these shareholders back once they have had their cars damaged, their beautiful gardens that they planted destroyed and were last on the list for any repairs or any type of service.

However, we did get a petition together by gathering a brave group of people from various sections, going door to door to get signatures.  We were successful and with our request for a Special Meeting following the guidelines of our by-law, we were able to stop the few real mostly dummy cameras from being installed. BTW the cameras were from a friend on the board.

As far as the shareholder list section 624 of BCL, I believe you can review the list even write down information but the list only shows the name number of shares and possible unit number. 

Shareholder addresses are to be kept and recorded but the shareholders addresses are confidential except to the person(s) who have fiduciary responsibilities, agents or attorneys and would be needed if legal action was brought against the board.

If a shareholder wants their name redacted from the list seen by other shareholders, an affidavits can be drawn up to protect their privacy.

In the link below it states “For starters, according to the BCL (Section 607), “Upon request, any shareholder is entitled to receive a list of all shareholders [in the building], with the addresses of any non-residents.”  It only mentions address of non-residents.

https://cooperator.com/article/i-got-rights/full

I worked for a large financial institution.. we did not even give the shareholders name. They were referenced by a number. Since co-op are governed by the same laws. I would say you would not be able to see addresses.

https://www.upcounsel.com/lectl-access-to-shareholder-lists-who-and-how

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By-Laws Amendment - marym Nov 11, 2019

We recently had a by-laws amendment proposal approved at a special shareholders' meeting. The notice of the meeting contained the proposed language and it was also read out at the meeting prior to the vote. However, when we got the amended by-laws, they did not contain the exact wording that was voted on. Sentences were moved around and new language added. I thought the verbatim proposal should be in the new by-laws with no changes. Anybody have advice? Thanks.

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Sounds like the co-op's attorney needs to get involved immediately. What you voted on is not what is now written in the amended by laws. Therefore, the new amended by laws as now written were never approved by a vote of the shareholders at the special meeting.

From my experience, the wording in the proposed by law amendment must be exactly the same as the written by law amendment after the voting takes place.

Some questions come to mind:

Was the attorney present at the special meeting?
Did the attorney draft the proposed by law amendment?

Speak to that attorney ASAP. Good luck.

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Thank you Marty and NYC.

The proposal was drafted by one Board member (in consultation with her own personal attorney). Some shareholders had encouraged the Board to invite our attorney for a discussion prior to the vote but the Board refused.

In various emails, we were told by the Board that our attorneys had "vetted the proposal's legality and language;" "reviewed the amendment for legality and clarity of language;" " "this plain language document has been vetted by our attorney at...for clarity and legal precedent...;" and "It has been carefully reviewed by the Co-op attorney." We don't know for sure that the co-op's attorney actually approved the document that was mailed to us purporting to be the new By-Laws. There was a Certification included from our secretary that said "I hereby certify that the annexed document is a true and accurate copy of the By-laws of the Corporation and that said By-laws are in full force and effect as of October 28, 2019, and have been properly amended as of October 28, 2019." Nowhere does she say they were voted on on that date.

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> Join the conversation Comments (1)

You are being handed a bunch a gobbledygook with the "various emails" explanation. Of course the motion must be vetted for legality and clarity of language - but it's supposed to be done by the co-op's attorney, not the personal attorney of a Board member. That doesn't pass the smell test. Keep in mind what Judge Judy says: "If it doesn't make sense then it's probably not true."

This tells me that your co-op's attorney has probably no idea what's going on - only because he/she has been intentionally kept out of the loop. That raises red flags.

If this is such an honestly drafted amendment, then why has the Board operated in such secrecy about it? Why is the Board paying money to retain an attorney and then not use him/her for such an important matter such as a by law amendment? You know the answer.

Bottom line - as you stated, what was voted on is NOT what's now being presented as having been voted on. That is illegal and invalid. NYC and I agree on this.

There's something very rotten going on here with this Board and it can impact the lives of everyone in the co-op. Someone has got to stop this. You've taken the first step by reaching out here for opinions. Take this ball and run with it - straight to your attorney.

My suggestion is to call the co-op's attorney and personally meet with him/her to show him/her this conversation that we are having here on Board Talk. I think your attorney will be very surprised, among other emotions.

Best of luck.

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I have to agree. According to Roberts Rules "The proposed amendment, has to be precisely worded". As was it was in notice of special meeting.

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