Page 5 - CooperatorNews NY January 2021

COOPERATORNEWS.COM COOPERATORNEWS — JANUARY 2021 5 QUESTIONS & ANSWERS Legal Q A& Handling a Harassing President Q What can be done when the president of the condo corpo- ration verbally harasses the building’s superintendent? —Seeking to Stop the Abuse A “Since condominiums are current tenant has lived in the co-op as of not corporations (although this writing for 20 years. the boards of managers of some condominiums have been incorpo- rated), it is not clear if the letter writer is profit. Her maintenance is paid, which I inquiring about the president of a con- dominium association or a cooperative alone with no kids. What can be done apartment corporation, so I will provide about this? an answer for both scenarios,” says attor- ney Jeffrey Reich of the New York City firm of Schwartz Sladkus Reich Green- berg Atlas, LLP. “Whether the building is a condo- minium or cooperative, no board mem- ber (let alone the president of the board) ment,” said attorney Dean Norris of Norris should harass or verbally abuse a member McLaughlin, which has offi ces in New York, of the building staff. Such behavior could New Jersey, and Pennsylvania. “\\\[Th e writ- result in a lawsuit against the building, a er\\\] says that he inherited the apartment, but grievance being filed with the employee’s it’s unclear if he is the actual shareholder of union, a decrease in the morale of the record or if it’s in the name of his deceased staff, or the loss of a valued employee. relative. Any disciplinary action that a board de- termines the need for with respect to a cord, his duties and obligations are then building employee should be carried out dictated by the regulatory agreement that by the managing agent, who is paid to the HDFC has with the City of New York. supervise the building staff. Addition- ally, such disciplinary decisions should be residence requirement and/or an income made on a board level and not determined qualification at the time you become a by an individual board member, whether shareholder. It is highly likely that the the board member is the president or not. “In the situation where a board presi- dent has verbally abused a building staff with the City. However, even this is not member, the board members should dis- cuss the matter with the president, and this HDFC co-op, its regulatory agree- the other board members should make it ment may have expired and with it the clear to the president that such behavior is limitations on subletting. not in the best interest of the building and will not be tolerated. The board can also litigation, they have a serious waiver is- entertain a resolution confirming that no sue in that they have knowingly and with board member may verbally abuse a staff consent allowed the occupancy of this in- member and that all negative feedback dividual for now over 20 years. The co-op and disciplinary action shall be handled may have lost the ability to object to the by the management team. Should the subtenancy, given its duration.” president continue to abuse the staff, the board can remove the president from of- fice (as the president) and possibly from the board (the condominium or coopera- tive bylaws should describe the process for removing a board member from of- fice, which can usually be done by a board brokers—have no real idea what goes on vote, and for removing a board member at meetings? This is because minutes are from the board, which usually requires a routinely ‘sanitized’ to leave out any trou- vote of the unit owners or shareholders).” My Tenant Is Being Evicted Q In 1999 I inherited a low-in- come HDFC co-op, which at that time the president told me I could rent out. When my relative passed away in 1998, I had just bought myself a condominium, so I took the president at his word and rented the co-op unit. My As of April 2018, the board said she had to leave, because the unit is not for paid every month as the owner. She lives —In Need of Answers A “Th e fi rst issue to clarify here is who is the sharehold- er of record for the apart- “Assuming he is the shareholder of re- In most circumstances there is a primary subletting of this apartment for 20 years is a violation of the regulatory agreement clear because given the suspected age of “As for the co-op’s rights to pursue this Evaluating Board Meeting Minutes Q Why are co-op board minutes so sparse that others who read them—shareholders, lawyers, blesome issues, any comments by various continued on page 5 NEW YORK CITY PROPERTY MANAGEMENT Total Management NYC is a leader in the New York City Co-op, Condominium and multi-family property industry. Licensed and insured, our team of professionals have built strong relationships with our owners and residents for a growing New York story. With extensive experience in soup to nuts man- agement throughout the Greater New York City area, we understand that our clients’ priority is to find a beneficial solution to their conflicts. 718-312-8841 info@totalmanagement.us www.totalmanagement.us Welcome to Total Management NYC, LLC Accounting Financing Transfer Agent Budgets Insurance continued on page 18