I think there has been a lack of communication and planning on your part. I don't know if your neighbor is legally required to grant you access, but they have told you you can have the access - but it's on their terms.

Your error was in assuming that you could get that access at anytime, but you didn't check with your neighbor to see if that was true.

Since you need them to get the job done, I suggest that you and your contractor adjust your schedules to accommodate your neighbor, whose help you need to do your facade.

I neglected to mention that a bike was damaged from the falling ceiling which the Managing agent and board say they bear no responsibility for.

The owner of the bike feels since the co-op allowed them to use a common area that was unsafe, they are responsible for repairs to the bike.

you assume all liability for stuff you store in areas in the building (assuming you signed a waiver when you stored a bike). BUT that doesn't absolve the board from keeping the building in good shape. Take pics and involve 311/DOB. this is not legal.

It would be helpful if you could post the wording in the written instructions for the proxy, and the actual wording of the proxy. that could help determine the illegality of your election process.

Review your by laws and Certificate of Incorporation. They should tell you how often elections must be held and how many Board positions are up for election each year. They may also tell you about Special Meetings and perhaps circumstances that could postpone an election (like not having a quorum).

Have you contacted the co-op's attorney to ask these questions? Given the lack of elections for 30 years, there's probably something illegal going on. The lawyer can tell you more about it.

Has anyone considered running against the current President? It's not easy to do, but if you're dissatisfied with things, odds are there are others who feel the same way. Try to organize support behind the scenes for one new candidate that many shareholders would be willing to support.

The current President would be surprised and unprepared for such opposition, and that's your big advantage. But, you've got to mobilize the troops in order to succeed.

Best of luck!

We had a President who controlled the Board for years by accumulating proxies. Shareholders formed a slate of candidates and distributed flyers outlining key issues and gave resume information. And counter collected proxies. It was a success.

We suggest that you collect the proxies from your neighbors. You can bring those to the meeting and vote on your nominees. Feel free to call if you want to discuss 917.648.8151

yes i remember when our board pulled the same thing, the trouble is too many shareholders do not realize what the board is doing and that it is not proper .

remember the last dated proxy is the only one that counts. So you can knock on your neighbors door , explain what the board is doing, ask them to sign a new proxy with a later date. If their proxy (board)has the correct info , you can copy it and use it for your use, the later proxy is the only one that counts.
some boards playing this game tell the shareholder to leave the date blank, and here is where you need a real lawyer to speak up.

Get a lawyer to advise you. Best of Luck

You can also try contacting the Resident Manager's clubs, they have members who out of work or just want a change.
Manhattan Resident Managers Club, Inc. MRMCLUB.COM -
Metropolitan Building Managers of NY - MBMNY.COM
New York Building Managers - NYBMA.ORG
Scandinavian-American Building Managers Guild - SABMG.COM

An important bit I failed to mention is that there is no current leak, or at least not one that we've seen. Cracking has gotten worse over the 6 years, but we've never seen water or moisture on the ceiling.

Mike - It sounds like you may be describing stress cracks, which are quite common as the building settles over time. You should ask the super or building manager if that's what it is.

If so, then plastering is usually all that needs to be done. If so, the co-op should be responsible for taking care of it at no charge to the shareholder.

I'm the owner of the first floor building , couple days ago appeared several crackers on the walls in living room and bedroom above sliding doors and on the ceiling , and paint start fell down.
I contacted management condominiums, but they reject their responsibility with reason that it is normal settling for the building over 50 years old. They rejected to do inspection of the foundation bellow and unit above saying that I need just myself do repairs cracks and painting inside my unit.
But if the major structure problem not would be fixed my repair work would be useless and the crackes will appeared again.
What step should I do to force them do professional inspection and fix the problem ?

You say concrete, but that is not final and diagnosing your dilemma is complicated.You might have a concrete slab with reinforced steel rod as the part that holds everything up. But on the inside the finish coat should be a rough coat and then plaster. And what keeps all of this sealed and dry would be the actual roof part (rubber or asphalt) that you'd see if you went up on top of your building. This could be in great shape, preventing any leaks into your slab and ceiling.
As far as legal, typically you'd be responsible for nothing but the plaster that forms the ceiling, or potentially nothing if the structural parts are failing. Then it's all on the Board.
Worth your while to get an engineer to get a pro opinion to arm yourself if you end up in court. Lawyer might also help move your situation along if your board gets too antagonistic. Hope you have a good one.

Another avenue that you might pursue is contacting your personal co-op insurance carrier and explain the situation to them. With any luck, they'll send an adjuster to take a look and hopefully give you an informed opinion about what's going on and who is responsible for the repairs. It would be ammunition for a discussion with your board.

Can they schedule apointments after 5:00pm after the work day? Until the work is completed?

Why don't you ask the Board why they made this decision?

The house rules only state not work on apts by contractors on weekends. The Board just made this up.

I understand what you're saying about House Rules, but your answer implies that you did not flat out directly ask the Board why. That's the only way to be sure of the Board's reasons - not to mention it would also provide documentation if some chicanery was taking place.

As a Board member, I would certainly expect someone to stop and ask me why this type of decision was made if it happened in my co-op - and I better have a good answer for that shareholder.

Do yourself a favor. Stop guessing and ask a Board member.

It is not a guess. This is not a house rule. The head of the board is making an arbitrary decision. In fact, she has a history of this. All I want to know is if anyone has heard of this.

I'm not saying that I don't believe you. I AM saying that, as a Board member, I will tell you that 99% of everything Board-related is legal.

So you'd better be able to prove that what you're saying is true, such as "she has a history of this." Can you prove this to an attorney? You'll need documentation, which is the best way to prove anything.

If your Board has an email address, then I suggest that you email the Board with your original question. It's a valid question. Then they MUST reply. There's your documentation. Without it your point will be hard to prove.

Good luck to you.

They are silent when you email them

If my cable was down and I worked all day and off on weekends you better believe I'd let them in to fix my cable & internet.
What is wrong with these boards? They give co-ops and condos a bad name. My co-op has a bad name crazy is one another is they keep raising maintenance and collects high assessments.
Like to know if it was them what they would do. Sorry letting off steam. Best of Luck.

They should be able to make emergency repairs on weekends, alot of people are starting to get telephone service with the cable company and in case of an emergency they would not be able to call for help.

I would just like to share that Verizon came to my neighbor on Saturday, when the management office is closed. The Super is on call. They nicked the sprinkler system pipe in the hall and flooded the area in front of our doors. I think they should work when the management office is there.

Contact your shareholders explaining the problem and they all need to have 80% plus entry to apts. covered with rugs and sound proofing padding. You can abide by the 10 PM no noise law. If a shareholder has a number of complaints send a letter that if it continues they will be fined $25. Have your board start a complaint committee and after 30 days all shareholders have to have rugs installed and will be inspected. No excuses. Best of Luck

Psychotherapist in his own co-op professional suite has been given 2 days notice to find another place to practice (or to terminate practice) because of adjacent apartment renovation which will be so noisy as to make psychotherapy conversation impossible. The Board says there is no recourse. Is there any?

I think the Board is not being reasonable if they gave this person just 2 days notice. It's highly likely that the Board had more than 2 days notice about the renovations. The Board knows about the private practice.

This psychotherapist might be advised to get an attorney and get an injunction until this can be worked out. I don't think the Board acted properly in this situation.