New York's Cooperative and Condominium Community
The eboard of my 16 unit, self-managed co-op has recently posted a vote via email. It has given 4 days for shareholders to vote on a wholly discretionary spending motion (landscaping) which would require a one time assessment. The motion will be considered passed if a majority within quorum are aye's.
This is the first time our co-op has voted on an significant matter via email. There are no rules on how a motion by email is to be conducted. We did have an email vote in the past, but a majority of outstanding shares was required for the vote to pass, rather than a majority of quorum (the eboard didn't want that one to pass, but they do want this one to pass).
The eboard has transmitted the vote via blind carbon copy. I cannot see who recieved emails, I am not able to engage in discussion with my fellow shareholders, I am not aware of any issues they may have raised and they are not aware of my objections,. I cannot see who voted or how they voted.
Little information has been given to the shareholders. No information on what will be planted, replacement costs, et cetera, nor has an alternative been given. This is very different than what we have done in the past wherein information and alternatives have always been provided.
I have raised my objections with the eboard and they have been ignored. What recourse do I have here?
Thank you for any help you can give on this.
I was able to speak to some of my fellow shareholders, others by email, but my list was incomplete.
As an update, only 3 votes were cast, presumably from the eboard members pushing for this, and thus they could not make quorum. So they decided to reschedule the vote a week from now to try and pass it again.
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Well, at least the motion seems unpopular in your co-op. It sounds like the board won't have the votes to get it passed.
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The board probably won't get it passed, but this won't be the last time they try to do an end run.
I suggest you start planning for the future. Do something proactive like creating a private group on Facebook for shareholders or condo owners only. Discuss, notify, and advocate for anything you need to do without any board oversight.
Be aware that there will be expenses and you'll spend more time than you can imagine. The end result is much more transparency in the governance of your board or HOA.
This is just a very rough napkin plan and will require a lot of pre-planning and modifications.
Good luck!
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I was on my co-op's board for about 6 years (I later moved to a condo, before the covid pandemic changed the way boards communicate). I can't imagine a board getting away with this, without better informing shareholders. I do not understand how you cannot communicate with your fellow shareholders. Since your building is self-managed and there are only 16 units, can't you knock on your neighbor's doors and express to them your objections? Also, don't you also have access to your neighbors' emails, so that those you don't speak with in person you can communicate with by email? Also assuming when you say "eboard" you mean the actual board of your co-op. I'm sure someone else who has expertise with "e-boards" can better address your issues. Just wanted to share my thoughts. Good luck!
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