Being on the board of a co-op or condo is a big responsibility—one that shouldn’t be taken lightly. While some people may run for a board seat just to have the title, they need to be prepared to govern fairly and make decisions that are in …
Tag: United States corporate law
Normally, a co-op, condo, or HOA management team is well-equipped to handle a wide variety of day-to-day matters, like leaky roofs and faulty garbage disposals. There are other bigger issues—such as embezzlement and fraud—that require outs…
Serving on the board is not all fun and games, glamor and glory. There’s also some paperwork involved. In fact, the flow of paperwork is the lifeblood of the community. The Articles of Incorporation, proprietary lease and bylaws in a…
Q Our co-op has a board member who shared a confidential board decision with the shareholders and went so far as to initiate and circulate a petition for a meeting of shareholders to reverse the board decision. Naturally, many sharehol…
Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc., involving a shareholder in The Dakota, a historic luxury co-op on the Upper West Side, held that the business judgment rule does not protect individual con…
Money is a topic some people are skittish about discussing. When you’re a board member or the managing agent of a residential co-op or condo building however, there’s no benefit to skirting financial realities just because they may be di…
Individual cooperative board members scored a major victory recently in the case of Weinreb v. 37 Apartments Corp., et al, an appellate court decision that relieved them of certain responsibilities when it comes to shareholders' propos…
Q I serve on the board of a Brooklyn co-op which is only 52 percent shareholder owned. Shareholders now have the simple majority on the board. Our sponsor owns the management company (which is non-responsive), has a relationship with ou…
Tell someone at a cocktail party that you are on a co-op board and the most likely response is “What a thankless task!” It seems every New Yorker has a co-op board horror story—and many of them probably contain more than a grain of truth…
Q “The board was advised by one of the owners that we must mail all the minutes of each directors’ meeting to all the owners. Is this correct?” —Out in the Open A “In order to answer this question it would be nece…