Q Can we have a superintendent on the board of directors although he is not a shareholder? Is this a conflict of interest? What are the pros and cons of an employee being on the board? —Confused & Conflicted A “There is no pro…
Q I am on the board of a cooperative building in New York City. We have recently received two requests from shareholders looking to borrow additional funds by taking out a second loan, (in each case an equity line of credit arrangement) t…
Q We have a number of apartments in our condominium where owners have not paid maintenance for a few months. As our condo is in the process of legal action and collection against these owners, can we stop their access to the apartment unt…
Q Our board of managers want to replace the terraces in our condominium without the consent of the unit owners that have them. If you look at Real Property Law, Article 9-b of the Condominium Act, Section 339-i, Common Elements, u…
Q I have a question regarding running for the board of directors, particularly the election rules. Can shareholders submit a candidate filing form after the filing deadline? The form was posted and the date has passed. Can the board accep…
Q I own an apartment in a building that was constructed in 1889. The floors in the apartment slope as the building has settled over the years. Recently, the bathroom floor has cracked and is showing signs of sinking. I’m afraid the suppor…
Q There is a question in my building as to whether or not a new homeowner is responsible for paying an assessment that was extended by the HOA board before the transaction was completed. The previous homeowner paid the two-year assessment…
Q Our condominium board of managers is planning to replace all the terraces in our condo, claiming they are common elements. Is that correct, or is each terrace the property of the unit owner? Should all the unit owners be assessed or onl…
Q Our president resigned before the board appointed officer positions, but he showed up at the meeting in which a new officer was appointed to the board. Now the board wants to fill the seat that the president resigned from, with some…
Q Our co-op has not had an election for the board since 2004. Many shareholders rent their units and are concerned that the sponsor has two seats on the board and owns/runs the management company and rental office from here. The problem i…