“And now for the raffle portion of our annual meeting!” (illustration by Jeff Moores).
Most attorneys are not known for being cute. But Bruce Cholst, a shareholder at Anderson Kill, is not most attorneys. “I was trying to be cute,” Cholst recalls of his unorthodox idea to entice shareholders to attend a co-op’s annual meeting several years ago. “I suggested having a raffle of two or three months’ free maintenance.” To be eligible for the prize, shareholders had to vote in the annual board election either in person or by proxy. “As the idea rolled off my tongue,” Cholst continues, “I thought it wasn’t so flippant at all. It just might work. And it did work – and it’s perfectly legitimate.”
Enticements, in fact, have grown ever more common among co-op and condo boards that have difficulty drawing a quorum for their all-important annual meeting – when shareholders or unit-owners vote for next year’s board.
What constitutes a quorum is determined by the bylaws. Most co-op bylaws mandate that holders of 50 percent or more of the shares must be present, or accounted for by proxy. (Some co-ops have a one apartment-one vote rule.) Unless otherwise specified, most condo bylaws state that holders of 50 percent or more of the common interest must be present, or accounted for by proxy. Without a quorum, the same board rolls over, sometimes for decades.
A couple of months of free maintenance might succeed at attracting a quorum, but some boards have been known to exhibit a bit more flair. Steve Greenbaum, the director of property management at Charles H. Greenthal, has seen boards attract attendees with lavish catered meals and raffle prizes, including a flat-screen TV, a Kindle, and a $200 gift certificate. “Those worked pretty well,” he says.
Alvin Wasserman, director of asset management at Fairfield Properties, says one of his properties holds a cocktail party afterward. Another particularly zealous board wanted to waive a month of maintenance for everyone who showed up, an idea nixed by their accountant as unaffordable. “They offered coffee and cake instead,” Wasserman says.
Attorney Jim Glatthaar, a partner at Bleakley Platt, says one of his co-ops recently treated attendees to gourmet burgers and fries fashioned onsite by a food truck operation. Another takes a more refined approach, engaging prized speakers, including the mayor and a city historian.
Why people don’t show up can range from child-care complications to apathy. “People buy a co-op or condominium because they want someone else to take care of everything,” says Wasserman. But add some controversy to the mix and attitudes change. Two sure-fire draws are a proposed lobby make-over and a proposed increase in monthly maintenance or common charges.
“If there is no pressing issue,” says Wasserman, “no hot debate over whether or not to lease ground-floor commercial space to a restaurant or to increase the cost of parking, there is oftentimes not enough of a galvanizing issue to force people to come out.”
Greenbaum says the threat of a $50 administrative fee drove up attendance and proxies in one instance. In a more cunning ploy, a board issued a letter ahead of time stating that a maintenance increase would be discussed. It wasn’t true, but there was a quorum. “Look,” says Greenbaum, explaining the board’s thinking behind such a ploy, “it costs a lot of money and takes a lot of time and energy to set up an annual meeting.”
As another option, residents of co-ops and condos can amend their bylaws to lower the quorum threshold. In co-ops it can be as low as one-third of the shares, while the Condominium Act does not establish a minimum for condos.
There’s a rub to this approach, however. “To lower the quorum,” Greenbaum notes, “you need the approval of a super-majority of residents to change the bylaws.” And then you’re back where you started – trying to get out the vote.
When you purchase a condo unit, you agree to take on specific duties, such as complying with the bylaws and paying association dues. In exchange, you enjoy ownership rights. Condo owners don’t have to endure injustices or unfair practices. Understanding your condo owner rights in New York will help you protect yourself.
Condo owner rights give condo owners the authority to use their unit in a way that affords them a high quality of life. You have a right to speak your mind and enforce your rights as a condo owner. Going against a condo association or board can be intimidating. If you have questions about enforcing your rights as a condo owner, contact Woods Lonergan today to schedule your initial consultation.
When trying to understand your rights, It’s essential to understand the different by-laws and rules that govern the condo association. When a person purchases a condo unit, they agree to comply with the governing documents. Condo bylaws outline how the board of directors must run the condo association. The bylaws typically state the number of board members, their duties and responsibilities, the frequency of board meetings, and the length of board member service terms. Most condo associations also have a declaration of covenants, conditions, and restrictions called the CC&Rs.
These documents establish the ground rules for how the condo association governs. They also establish the duties of condo owners. Finally, condo associations will typically have rules and regulations. Rules and regulations usually have more flexibility and can be amended according to a procedure established in the by-laws. Every condo association has its own unique rules and regulations, but condo owners always have the following rights.
As a condo owner, you have the right to request and view all of the following documents:
- The condo association’s governing documents
- Financial reports
- Annual budgets
- Board meeting minutes
- Vendor contracts
- Reserve accounts statements
- Insurance policies
You have a right to inspect these documents and make personal copies to keep yourself. After you submit a written request, the board must provide you with these documents. The only exception would be confidential information such as information on delinquent payments from other condo owners.
Condo associations cannot discriminate against condo owners on the basis of their membership in a protected class. As a result, condo associations can’t discriminate based on a condo owner’s:
- Race or ethnicity
- Religion
- Nationality
- Sex
- Sexual orientation
- Marital status
- Familial status
- Disability
Additionally, condo associations have to abide by other federal anti-discrimination laws such as the Americans with Disabilities Act in the Fair Housing Act. If you are a condo owner with a disability, you have the right to reasonable accommodations such as handrails and ramps so you can fully access the condo’s facilities. Even if your condo association has a no-pet policy, qualified service animals and emotional support animals must be allowed as a reasonable accommodation.
All condo owners have a right to adequate notice of upcoming board meetings. The notice needs to be placed on common areas or announced through email, text message, the association’s website, or social media. Condo owners are free to attend board meetings and have a right to speak when the board has opened the floor for discussion. Condo owners can also ask for an item to be placed on the board meeting agenda.
Condo owners have a right to expect that the board will perform their duties to the condo association. When board members fail to meet their fiduciary duties, condo members can remove the board members who are abusing their authority. Condo owners also have the right to protest any regulations that are discriminatory, unfair, or onerous.
Condo owners have the right to run for board positions and vote in annual board elections. They can vote by proxy or in person as long as there is an authentic authorization. Condo boards must allow elections as outlined in the association’s bylaws. They need to give condo owners adequate notice of upcoming elections. Candidates must meet the candidate requirements, and all other regulations need to be followed.
Condo boards need to remain fair when arbitrating disputes or imposing punishments. Unfortunately, some condo boards give out fines or other punishments that aren’t warranted against condo owners. As a condo owner, you have the right to a disciplinary hearing before the board imposes a punishment or fine upon you. You can provide evidence showing that the violation you’ve been charged with never happened or explain the situation better. If you’re in conflict with another condo owner or a board member, you have the right to ask for mediation or arbitration to resolve the dispute.
Finally, condo owners have the right to take legal action against other condo owners or the condo association itself. When board members or condo owners fail to comply with the bylaws, regulations, or state or federal laws, you have a right to bring a lawsuit against them for damages or injunctive relief. If you know that the condo board or another condo owner has violated the regulations, it’s important that you reach out to an attorney as soon as possible. You only have a limited amount of time to bring a legal claim against a condo owner.
If you are a condo owner and need to enforce your rights, Woods Lonergan is here to help. We will carefully review your case and help you understand your rights as a condo owner. Our attorneys can assist you in writing a demand letter negotiating with your condo association board. When necessary, we can take your case to trial. Contact Woods Lonergan today to schedule your free initial consultation.
Woods Lonergan PLLC helps clients with condo and co-op law throughout NYC including the boroughs of Manhattan and Brooklyn.
Former President Donald Trump arrived in Miami Monday afternoon, where he will spend the night at Trump National Doral before his federal arraignment on 37 felony counts on Tuesday.
Trump is expected to motorcade Tuesday from Trump National Doral to the federal courthouse in Miami. Trump told Fox News on Friday that he will plead not guilty to the charges, which related to his alleged mishandling of classified documents.
Trump’s supporters have already begun lining up at the courthouse, CBS Miami reported. Groups such as the the Florida Republican Assembly plan on being at the courthouse as well.
Miami Police Chief Manny Morales said Monday that the city is ready for protests ranging anywhere between 5,000 to 50,000 people, and he encouraged any demonstrations to be peaceful.
“I just want to assure the city we are ready, and we’re ready for it to be over and done,” Morales said.
Security for Trump’s court appearance will involve multiple law enforcement agencies, including U.S. Marshals, who are responsible for securing the courthouse and federal grounds; the U.S. Secret Service, which is responsible for providing security for Trump as a former president; Miami police, who will be responsible for the streets around the federal courthouse and dealing with protesters; as well as Miami-Dade County police, who will provide added security around the courthouse, Trump National Doral, and the movement of Trump around the county; Florida Highway Patrol, to help with road closures; and the Florida Department of Law Enforcement.
After the arraignment, Trump is expected to return to his Bedminster golf club, give remarks and hold a fundraiser.
A CBS News poll released Sunday found that Republican primary voters are still supportive of Trump despite the federal indictment, with 61% saying it wouldn’t change their opinion of him and 14% saying they viewed him for the better. Three-quarters of likely GOP primary voters said they believe the indictment was politically motivated.
Former US President Donald Trump disembarks “Trump Force One” at Miami International Airport in Miami, Florida, on June 12, 2023. CHANDAN KHANNA/AFP via Getty ImagesTrump hit the campaign trail over the weekend, headlining both the Georgia Republican Convention and the North Carolina Republican Convention. He railed against special counsel Jack Smith, who is overseeing the investigation not only into the alleged document mishandling but also Trump’s actions around the Jan. 6, 2021, attack on the U.S. Capitol. He called Smith “deranged” and a “Trump hater,” and insisted the indictment is “baseless.”
Smith unsealed the 44-page indictment on Friday, which included 31 counts of willful retention of classified documents, one count of conspiracy to obstruct justice and several other counts related to concealing or withholding documents. At least four of the charges carry a potential maximum sentence of 20 years in prison.
Also charged in the indictment as a co-conspirator was Walt Nauta, an aide to Trump who served as a White House valet.
In a brief statement after unsealing the indictment, Smith said he will seek a speedy trial and he urged Americans to read the indictment for themselves “to understand the scope and the gravity of the crimes charged.”
What is Trump charged with?
The indictment lists 37 felony counts in all against Trump:
- 31 counts of willful retention of classified documents
- 1 count of conspiracy to obstruct justice
- 1 count of withholding a document or record
- 1 count of corruptly concealing a document or record
- 1 count of concealing a document in a federal investigation
- 1 count of scheme to conceal
- 1 count of making false statements and representations.
Nauta, Trump’s 40-year-old former valet, was charged with six counts:
- 1 count of conspiracy to obstruction justice
- 1 count of withholding a document or record
- 1 count of corruptly concealing a document or record
- 1 count of concealing a document in a federal investigation
- 1 count of scheme to conceal
- 1 count of making false statements or representations.
What do Trump’s rivals in the 2024 race say?
Trump’s opponents for the Republican nomination tried to walk the line between hitting their rival and alienating his supporters. At campaign events this weekend, Florida Gov. Ron DeSantis, seen as Trump’s biggest rival, called out the “weaponization” of the Justice Department.
But DeSantis also indirectly criticized Trump.
“As a naval officer, if I would have taken classified [documents] to my apartment, I would have been court-martialed in a New York minute,” DeSantis said.
“Is there a different standard for a Democrat secretary of state versus a former Republican president?” DeSantis continued, drawing a comparison to the investigation into former Secretary of State Hillary Clinton’s use of a private email server. “I think there needs to be one standard of justice in this country. Let’s enforce it on everybody and make sure we all know the rules. You can’t have one faction of society weaponizing the power of the state against factions that it doesn’t like and that’s what you see.”
Fellow presidential hopeful Sen. Tim Scott of South Carolina also said he sees a “double standard” in charging Trump, though he noted “this case is a serious case with serious allegations.”
“But in America, you’re still innocent until proven guilty,” Scott added.
CBS Miami’s Jim DeFede contributed to this report.
Ms. Bishop: I think that you suffer from Rage Attacks, as exemplified by the recent episode, described in the related posts. Your ability and fitness to occupy any elected position should be questioned. M.N. | 2:11 PM 6/11/2023 2900oceancondo.com/568-2/
The post Ms. Bishop: I think that you suffer from Rage Attacks, as exemplified by the recent episode, described in the related posts. Your ability and fitness to occupy any elected position should be questioned. M.N. | 2:11 PM 6/11/2023 2900oceancondo.com/568-2/ first appeared on Trump And The FBI – The News And Times.
Ms. Bishop: I think that you suffer from Rage Attacks, as exemplified by the recent episode, described in the related posts. Your ability and fitness to occupy any elected position should be questioned. M.N. | 2:11 PM 6/11/2023 2900oceancondo.com/568-2/
The post Ms. Bishop: I think that you suffer from Rage Attacks, as exemplified by the recent episode, described in the related posts. Your ability and fitness to occupy any elected position should be questioned. M.N. | 2:11 PM 6/11/2023 2900oceancondo.com/568-2/ first appeared on Trump And The FBI – The News And Times.
Shoigu seeks to integrate mercenaries into regular army amid conflict with Wagner – Kyiv Independent
Vladimir Putin’s ‘love’ for Sir Elton John’s music revealed Crow River Media
Kyiv: Ukraine retakes villages in ‘first results’ of counterattack The Union Leader
‘Bakhmut Trap’: Ukrainian Advances Vindicate Defense of Besieged … The Wall Street Journal
The Ukrainian Cities Obliterated In Russia’s Self-Proclaimed ‘Liberation’ Radio Free Europe / Radio Liberty
John Brennan to Jen Psaki: “My former colleagues in the intelligence community are shuddering” MSNBC
No one deserves to be bullied, whether it’s by a classmate, a coworker, or even a condo board. Unfortunately, condo boards can sometimes be bully-like in their actions and decisions, leaving owners feeling powerless and frustrated. But there are ways to fight back and stand up for your rights as a condo owner. The first step is to try to resolve the issue directly with the board. This can be done by attending board meetings and speaking up during open forums, or by sending a letter or email expressing your concerns. If the problem persists, you can also reach out to other condo owners and form a coalition to push for change. Finally, if all else fails, you can consult an attorney or file a complaint with the state ombudsman’s office. By taking action and standing up for yourself, you can fight back against a bully condo board and help create a better living environment for everyone involved.
The post Enticing Your Way to a Quorum | New York City Condo Owner Rights Lawyer | And other stories first appeared on 2900 Ocean Avenue Condominium, Brooklyn NY 11235.