We covered this question in September of 2019. Check it out at the below link.

https://www.habitatmag.com/Publication-Content/Building-Operations/2019/2019-September/Video-Doorbell-Crime-Fighter-or-Big-Brother

An attorney should determine if the lsnguage in the Proprietary Lease or by laws conflicts with the New York Business Laws and court rulings related to this situation.

The easier case first. Domestic partners have nothing to worry about since they would be covered by the Roommate Law, if nothing else. You can *always* have a roommate sharing your apartment, regardless of what the Proprietary Lease may say.

The case of the woman who moved in to take care of her now-deceased parents is more difficult, and you should absolutely consult an attorney. The shareholders are no longer occupying the apartment, which means you'll need to check the Proprietary Lease. Most commonly, the relevant portion is Paragraph 14, "Use of Premises." The classic test is whether it says the permitted occupants are "the Lessee AND ..." or just "the Lessee, ..." In the past, the "AND" case has been held to require concurrent occupancy by the shareholder, though there have been some cases challenging this. Again, the advice of an attorney is required.

Frankly, though, it seems ludicrous and more than a little obnoxious to try to press such a claim after the shareholders have been dead for a decade. In fact, if the circumstances were known to the board the whole time, I would imagine the woman's attorney could argue that the board tacitly consented to her occupancy and it's too late to press their claim.

Thank you. Very helpful.

The woman also stopped receiving any concurrent occupancy  benefits after both parents passed away.

When she questioned this with the on-site manager, she was told that was because her name was not on the lease or stock certificate.

This is validation that the co-op was aware of this situation and did not enforce the rules.

She is curious to weather the co-op has been receiving Star benefits for her apartment and keeping them and if so are they entitled to because the co-op is not in her name.

Sorry, Star benefits

I’m not an attorney but I don’t think she’s entitled to Star or any abatements since she’s not the shareholder.

I agree with Carl that the co-op will have a hard time removing the daughter since the Board knew about it for more than a decade.

Thank you. I will replay this information.

That's odd that the by-laws would allow an even-numbered amount of Board members or even allow the President to cast a deciding vote on matters. I would suggest to review the by-laws to confirm that's the case and, if so, at the next annual meeting lead an effort to change the number to 7 or 9, where the President's authority is limited in that regard. Best of luck!

I agree with Yonkers. This was incredibly short sighted planning by the co-op’s authors since you’re now experiencing the result.

You should consult with the co-op’s attorney because you’ll need to amend the bylaws. That will normally require 2/3 of the shareholders approval to pass. This will require a coordinated effort akin to a political campaign in order for you to succeed.

Good luck!

This sentence in your question is odd: "The president says that the only time he votes is if there is a tie." Do you mean that you actually have *nine* board members and the president usually doesn't vote? Or do you mean that the president is not a board member? That would be unusual but not impossible. Some by-laws permit officers who are not directors, though the president usually has to be.

Check your by-laws, but typically, only directors can vote. If your president is a director, then he should *always* be voting, not just to break ties. And if your president isn't a director, then he usually wouldn't have a vote even in case of a tie.

If you really do have a board with only eight directors and eight votes, I agree with the other comments that this is just bad practice. You should change to an odd number of directors, following the procedures outlined in your by-laws.

I don't know how many years of tax returns you require to be submitted with the application. It's 3 years for us. Based on this criteria, it seems like you have 2 options:

1) Accept the 2018 return and wait for the transcript. In the meantime, review the application without the transcript and tell the buyer that you won't be able to make a final decision until the IRS gets back to you. Both buyer and seller need to agree to this.

2) Have the buyer substitute 2015 for 2018 so they'll be submitting returns for 2015, 2016, and 2017. You can get the IRS to verify 2015 faster than 2018. I assume you also have current employment verification for the buyer so you can see if they're working steadily and earning enough money.

Good luck!

Thank you Marty. We're not concerned about the person making enough money but making too much. We are an HDFC and have to make sure they don't make too much money to qualify, especially for 2018. We're sorting it out though.

I think it's up to the board.

It may depend upon the specific violation and if it's mentioned in the bylaws. Review the bylaws and see what it says.

Most By-Laws don't address this unless they are of recent vintage. I believe that if you want to conduct business via email, you need to have a motion to that effect at a Board meeting. If something is decided via email, it should be incorporated into the Minutes of the next Board meeting. This is a laywoman's advice - not a lawyer's.

Does your co op have a managing agent/lawyer? If yes, what does he/she have to say about this? Can't believe everyone is busy one day out of the month. Why did they join the board if they have such a busy life? What makes you think they all will be available for a conference call if they don't want to meet face to face for a couple of hours. I do hope your building isn't run like your board. Best of Luck and let us know what the out come is.

people's choice - I'm not sure if the OP is talking about monthly Board meetings and/or Annual Meetings. I agree with you that these Board members certainly sound like they don't want to put in the time needed for a Board and a co-op to be run successfully.

When he mentions elections, I assume that's for the Annual Meeting. Even if proxy voting is allowed, the AM is where the shareholders have the opportunity - and the right - to speak their mind about the way the co-op is being run by the Board.

It sounds like the co-op has trouble getting a quorum at the AM. No need to wonder why. With the attitude presented by the OP, I don't think I'd want to attend the AM either.

Thanks for mentioning Aces Laundry. We offer 21st Century technology combined with Mom and Pop service. I would like to speak with you and all Board members and can be reached 24/7 ( Just like our service)
@ (917) 416 - 3899

Please call me anytime to see just how Aces Laundry can turn your laundry experience from a "dreary job" to to a something to look forward to!

I'm Stan , please give me a call , and Thanks Again!!

I forgot one thing - if it's easier to text , thats cool! If it's easier to
EMAIL - well then - stanleymarx@aceslaundry.com

Thanks Again
Stan

Just to throw another one out there... I have removed CoinMach in all my buildings and replaced them with Hercules which everyone seems to love... The service is very prompt as well.

We have Coinmach. They are terrible.

They refused to come and get their machines so I left them on the curb and called them to now come get them!

That's not good at all. Got another nice reference about ACES. Looking for a firsthand reference.

For a first hand recommendation
Call Glen Oaks Village, management.
We service over 3000 happy units there. If you want to speak to a building with a smaller audience , call any of our other 250+ locations, better yet call me and I’ll give you a list of each and everyone of our locations, you choose ! They’re all GREAT !!
Stan - 917-416-3898

Sorry. I posted my number incorrectly it’s
Stan. 917-416-3899
Thanks