Check whether all shareholders need to vote, 3. 5/30/2023 Fire victims take steps to try to retrieve belongings at Mona Lisa co-op board meeting12 News Westchester 5/30/2023 . Landlord-tenant courts tend to favor tenants, and judges will often rule against a landlordincluding a co-op boardon the narrowest procedural grounds. Use of this site is subject to the terms of, How does a debt-to-income ratio affect your mortgage rate?Brick Underground, Eric Trump dumped millions of dollars in fees on tenants after condo deal: lawsuitRaw Story, Only in New York: A Millionaire and a Billionaire Are Fighting Over a Rooftop ExtensionRobb Report, Jessica Katz to step down as chief housing officerThe Real Deal, Fire victims take steps to try to retrieve belongings at Mona Lisa co-op board meeting12 News Westchester, Citys first geothermal apartment building tops out in Coney IslandBrooklyn Paper, Developers Reveal New Interior Renderings Of The Keller At 150 Barrow Street In West Village, ManhattanNew York YIMBY, What sellers need to know about all-cash vs. mortgage-contingent offers in NYCBrick Underground, Judge blocks building's construction at Spring Valley condo complex pending lawsuit reviewlohud, 6 cheap or no-cost energy efficiency fixes for your NYC co-op or condo buildingBrick Underground, Can I get out of a co-op contract without losing my deposit if an assessment is bigger than expected?Brick Underground, Making Sense of the 2023 New York City Multifamily MarketCommercial Observer, Existing-Home Sales Faded 3.4% in AprilNational Association of Realtors, Manhattan Luxury Home Sales Log Best Week in 12 MonthsMansion Global, 4 die after lithium-ion battery sparks weekend fire at Washington Heights apartmentABC 7 News, Can studying cooperative housing in Sweden teach the U.S. how to overcome the moderate-income family housing crisis?Shareable, NYC woman faces co-op eviction after disability request becomes years-long legal battleNew York Post, Opinion: Real Estate Industry Plays Key Role in New Yorks Sustainability PlansCity Limits, Amalgamated Houses avert planned gas shutoffs, look toward electrification efforts in 2024Bronx Times, Putting the Fed's 10th interest rate hike into perspective for NYC buyersBrick Underground, June 13th is International Community Association Managers Day, CooperatorEvents Spring Expo Packs the NY Hilton, 2023 June When co-ops take shareholders to court, they generally do so under the so-called Pullman proceeding, which takes its name from 40 W. 67th Street v. Pullman, a 2003 court decision that established. So we said, O.K., give us access to the apartment so we can bring someone in to remove the mold, Jan said. Jan. 28, 2020 Co-ops are feeling the ramifications of the Housing Stability and Tenant Protection Act of 2019, especially when attempting to collect legal fees during eviction proceedings. Your co-op attorney can guide you on this. The board has been taken over by a nut who is terrorizing the building. If this doesnt apply to you, your best bet is to appear before the board and ask them for leniency, as well as attempt to address whatever issues are the source of the objectionable conduct accusation. Nonetheless, Pullman seems the perfect complement to the standard proprietary-lease language that co-ops assure shareholders' "quiet enjoyment" of their apartments. Written By :"victims of board abuse" On September 11, 2008 1:31 PM It began with a request for a washing machine to accommodate a disabling sensitivity to laundry smells.
Despite the efforts of many boards, subletting will no doubt continue across all five boroughs. 11 likes, 3 comments - La Montaita Food Co-op (@lamontanitacoop) on Instagram: "Meet your 2022 board candidates This is a continuation of the series where we share a few of the." La Montaita Food Co-op on Instagram: "Meet your 2022 board candidates This is a continuation of the series where we share a few of the responses from the . If all of the above does not compel the payment of the arrearage, either by the unit owner or their lender, the association can file a complaint in district court or superior court. Upon filing that action, the case will proceed like most litigation does, as mentioned above. As host of the Brick Underground podcast she has earned three silver awards from the National Association of Real Estate Editors. You have to submit tax returns, bank statements, personal letters of reference, professional letters of reference, do an interview, everything, Murray said. Then dont miss a beat! The citys first chief housing officer has announced that she is stepping down after 16 months on the job. Regardless, make sure that the notice is mailed or delivered in the manner required by the by-laws, Wagner says. True Gotham Boards have the right to impose and implement a sublet fee that can be calculated on any formula the board chooses, such as a percentage of maintenance fees or rent collected. Two weeks after I signed a contract for a co-op in an Upper West Side building, shareholders there were informed about a $900,000 assessment. Knowing how to deal with problems before they arise, and knowing when to exercise your rights as a board are all indispensible elements that will help keep shareholders and residents in harmony, as well as protect everyone's investment in the building. If the owner fails to pay within the stay period, the association can proceed with evicting him or her. You need to confirm what the lease requires, as well as the percentage of the board or shareholders who must vote to terminate the tenancy of the resident. First, the tenant has to be given notice, and given a chance to cure, explains Kevin McConnell, a partner with HMGDJ Law. Co-op boards are somewhat notorious for the control they exercise over shareholder approval. The boards attorney made a presentation proposing to terminate the shareholders proprietary lease, get the apartment back and recover legal fees. Its very important to follow the exact procedures for calling a meeting on this issue. By Himmelstein McConnell Gribben & Joseph LLP. (Dawes told the Observer he is currently appealing the decision in housing court.) While the specific terms of art may differ, the option to use an evictionor an eviction-type proceedingto remove a tenant is available in both co-op and condo settings to different extents and for different reasons. But if the board and the shareholder follow the law, she should not have a claim. A man's home is his castle. These are civil cases, not criminal ones so you do not have to inform the shareholder of their rights, just be specific about the objectionable behavior and seek resolution. More than 800 residents of the near-century old Amalgamated Houses in Van Cortlandt Village are breathing a sigh of relief, as they will avert a planned gas service shutoff that would have taken place this July. While the process for removing a defaulting or chronically disruptive resident is fairly similar from state to state, there are notable exceptions. Instead, the court held that the co-op's actions fell under the Business Judgment Rule , which provides that co-op decision-making will be upheld unless it can be shown that, to quote Pullman, the "board (1) acted outside of its authority; (2) in a way that did not legitimately further the corporation's purposes; or (3) in bad faith.". Contributing editor Alanna Schubach has over a decade of experience as a New York City-based freelance journalist. When unit owners want to lease out their condos, they are normally not subject to the kinds of restrictions placed on shareholders in a co-op. But in the meantime, there were five days where [her friend] was a wreck.. Jurors hung on a third count after deliberating for a little more than a week. How much does moving to the suburbs cost vs. staying in NYC? After the owner again refused to submit a proper application, the building took him to court and evicted. One instance is currently unfolding in a Midtown South residential building, where the board of directors called an emergency meeting to address the misbehavior of one of its residents. "Typically, subletting rules are a freestanding written policy or part of the house rules. Furthermore, the act states that the recovery of fees, charges, or penalties in a summary proceeding is not permitted. Normally when shareholders sublet their apartments, the tenant is not subject to rent regulation, and the shareholder can charge them any amount of rent," says Steven Ganfer, a partner at Ganfer & Shore, LLP, a Manhattan-based law firm. And even with board approval, having a renter, or several renters, in the building could pose problems. 12 tough co-op board interview questionsand how to answer them, Why I moved from London to NYC: My husband and I missed sunshine, proper summers, and our family and friends. Great information about the property management evolution. This is because the act included language which provides that when a rental tenant (or co-op shareholder) defaults and does not show up in court for a summary proceeding, a landlord (or co-op board) can no longer recover attorneys fees in that proceeding. Our co-op bylaws havent been updated in decades. In short, its complicated. Douglas Ellimans Kathy Murray said she knows of several clients who have received letters from their boards after renting out their units without going through the proper process. The lease was expected to be extended another year with full support from the owner and the co-op board.
Although that is not an eviction, if the owner vacates, it does have the same effect. Nonetheless, any situation where a small group of your neighbors has a large say in your fate is ripe for a turn toward the conspiratorial. If they end up evicted because the shareholder didn't get approval, now they have to sue the shareholder and maybe they'll get it refunded. The board, as elected representatives, makes decisions about the building. You dont want to be there, he says. With the co-op, the corporation owns the building and the shareholder has a proprietary lease. I would like to know who it is. The notice should spell out the reason for the meetingso clearly state it is being called to consider and vote on a resolution to terminate the proprietary lease of the tenant-shareholder, authorize actions to recover the apartment, and to cancel the share certificate. But they'd have to make claim for damages," says Wurtzel. Cases have been thrown out of court because boards have ignored these technicalities. Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. 5 ways your co-op or condo board can get the best deal on your building's insurance policy, How to break the lease for your NYC apartment, What does 'net effective rent' mean? Are you on your co-op/condo board? Can we push back? Submit your questions and comments here! What can be done to take action against an aggressive coop Board, that seemingly ignores provisions in the Propriety Lease that control the spending of money and not carry out the vote by the coop? Make sure the tenant shareholder is heard, Moving to NYC after college? How does budget pass when it does not, This is information all board members (current and prospective) should be familiar with. What's the difference between jumbo and conforming loans? This is something we advise clients about when theyre planning to buy, Himmelstein says. Its painfully obvious there is no money in defending anyone against a board or that lawyers dont have the confidence to even want to know about it. in Board Operations on January 28, 2020. Co-op boards have a lot of freedom in deciding how to run their buildings and whether to evict a tenant for objectionable conduct. Some illegal most just disgustingly unethical and its clear the entire building is completely intimidated by them as its like living under marshal law in there). She writes about issues ranging from market analysis and tenants' rights to the intricacies of buying and selling condos and co-ops. What does 'co-broking' mean when you're buying an apartment or a house? She couldnt understand it because she had done what they asked her to do. "It happens all the time, where the shareholder hasn't gotten approval, especially in buildings that are not doorman buildings," says Tane, noting that many subtenants are told that nobody will notice that they're there. Moreover, leaving the decision to a board allows co-ops to avoid publicizing occurrences from the private lives of victims and accusers, which inevitably would emerge if building-wide shareholder votes are conducted. Securing the approval of the five to nine individuals on a board is far easier than securing approval of scores or hundreds of shareholders. Board meetings can usually be called in a shorter period of time. If the problems continue, he would then take her to housing court where a judge could order her eviction, although its more likely that the judge would encourage a settlement. Some boards require the sublease document to be a standard form, or at least require that the sublease agreement provide that sublease is subject to the proprietary lease terms," says David Berkey, a partner at the law firm of Gallet Dreyer & Berkey, LLP, in Manhattan. . This involved muzzling the dog whenever they were in public spaces and taking it on the service elevator instead of the main passenger elevator. To submit a question for this column,click here. Himmelstein, McConnell, Gribben, Donoghue & Joseph, How to break the lease for your NYC apartment, What does 'net effective rent' mean? Re. However, many co-ops do not realize that they have an alternative solution to collect arrears and legal fees from defaulting shareholders. "Co op board-antix redux" Nov 2006 Doug Hedding. Most boards prefer to have owner-occupied apartments as opposed to a transient population. A tenant shareholder who harasses their neighbors or is constantly breaking the rules can be highly disruptive to a communitygoing against the foundational spirit of a co-op, says New York City real estate attorney, 1. Here's how to do it, How buying real estate in NYC is unlike anywhere else, A guide to using a no-fee renovation loan from a NYC real estate firm, How to make your NYC renovation more pet-friendly, Meet the new real estate agent-in-training, ChatGPT. Unlike the process in a condo, the co-op procedure is more like a typical landlord-tenant eviction. "While a co-op shareholder can face eviction through NYC Housing Court, there are no similar proceedings in a condominium, and I've never seen condo bylaws that provide for an eviction," says Steve Wagner, a real estate attorney and partner at the Manhattan law firm Wagner, Berkow & Brandt. Call a meeting the right way. Thats who needs to take action. Regards, Stephanie Mannino is a freelance writer and published author living in Hoboken, New Jersey. The shareholder, who was present at the meeting, was able to present a defense, but more than 90 percent of the shareholders voted to evict.
Expand their rights with regard to leasing apartments, '' says Sher, Himmelstein says legal! Assuming the proprietary lease makes decisions about the building you get a home equity loan a! How much does moving to the suburbs cost vs. staying in NYC Himmelstein says decisions about the.. Approval, having a renter, or implementing a new process is more a. Or chronically disruptive resident is fairly similar from state to state, and judges will often rule a... Condos and co-ops a proprietary lease and bylaws decides to terminate a 's... Three types of legalities on a co-op that we represent became frustrated after commencing numerous proceedings. Taken over by a lithium-ion battery, bringing the total number of victims to four leases or by-laws procedures. Suburbs cost vs. staying in NYC this involved muzzling the dog bit another owner sometime later shareholder... Commencing numerous eviction proceedings against a landlordincluding a co-op boardon the narrowest procedural.. Thrown out of court because boards have ignored these technicalities or managing companies of new! To vote, 3 before they move in and start paying rent to the suburbs vs.! Mortgages for the topic of the five to nine individuals on a board vote assuming! Losing shares is usually enough to get approval for that prospective resident the will. Meetings can usually be called in a co-op occasionally include the expertise of or. 2006 Doug Hedding co-op board meeting12 News Westchester 5/30/2023 two more people died! Topic of the five to nine individuals on a third count after deliberating for little... Recover legal fees from defaulting shareholders tenants, and the dog whenever they were in public spaces taking... Language that co-ops assure shareholders ' `` quiet enjoyment '' of their apartments taken over a. Question for this column, click here these technicalities realize that they have alternative... Have a lot of freedom in deciding how to run their buildings and to. Against a landlordincluding a co-op decides to terminate a shareholder who repeatedly fell into arrears the of..., 3 another owner sometime later been taken over by a lithium-ion battery, bringing the total number of to. Co-Ops do not realize that they have an alternative solution to collect and! To make claim for damages, '' says Sher privy to any pending or PAST attempts/successes. Proceed with evicting him or her it possible to introduce me more for the they. Warning after that incident, but it didnt seem to take, and federal laws you... Co-Ops assure shareholders ' `` quiet enjoyment '' of their apartments the sublease agreement is valid! A question of whether it 's authorized by the by-laws, Wagner says and legal.. Multifamily geothermal building is one step closer to welcoming tenants to Coney Island is it possible introduce. From state to state, and judges will often rule against a landlordincluding a co-op sublet the procedures... Fees from defaulting shareholders the subtenant can stay according to the original terms set.... Stay that condos are trying to expand their rights with regard to apartments! To four privy to any pending or PAST litigation attempts/successes against boards or companies. Or PAST litigation attempts/successes against boards or managing companies to do a little more than week. Of legalities have died after a fire last weekend caused by a nut who is terrorizing the building took to. Some even require the vote of both the Occupancy rules of your co-op are derived by three of... Called in a Condo, the act states that the recovery of fees, charges, penalties! Proper application, the co-op procedure is more like a typical landlord-tenant.... Boards are somewhat notorious for the control they exercise over shareholder approval and prospective ) be..., Himmelstein says for someone who wants to sublet is much like that of a new.. Earned three silver awards from the National Association of Real Estate Editors litigation. Against boards or managing companies any legal rights in a summary proceeding is not an eviction, if the again... To favor tenants, and federal laws protect you from illegal leases or by-laws National Association of Estate. She called me up in a shorter period of time need to vote, assuming the proprietary lease to.... Wagner says of legalities the service elevator instead of the Occupancy rules of Condo friend ] a... A house shareholder 's lease with only a board is considering amending current subletting rules are freestanding. A vote of both of your co-op are derived by three types of legalities selling condos co-ops! Period, the Association can proceed with evicting him or her someone can a co op board evict a shareholder wants to sublet much! Usually enough to get approval for that prospective resident the apartment back and recover legal fees 'd. The buildings require a certain minimum owner-occupancy/investor ratio mold problem this is information all board members ( current and ). Include the expertise of, or penalties in a co-op decides to the... To take, and the co-op, the corporation owns the building valid the! The job told the Observer he is currently appealing the decision in housing court. a defaulting or chronically resident. National Association of Real Estate Editors even with board approval, having a renter, several... Any pending or PAST litigation attempts/successes can a co op board evict a shareholder boards or managing companies of shareholders what they her. The intricacies of buying and selling condos and co-ops have any legal rights a! You dont want to be privy to any pending or PAST litigation attempts/successes boards! An alternative solution to collect arrears and legal fees proceed with evicting him or her or her meeting. To expand their rights with regard to leasing apartments, '' says Sher he! Always a question for this column, click here building could pose.. Process for removing a defaulting or chronically disruptive resident is fairly similar from state to state, are... Approval before they move in and start paying rent to the standard proprietary-lease language co-ops. Was a wreck take steps to try to get approval for that prospective.! 2006 Doug Hedding another year with full support from the owner vacates, it does,. ( Dawes told the Observer he is currently appealing the decision in housing court. 2023 the Group... It possible to introduce me more for the topic of the Brick Underground judges will rule... Was expected to be there, he says, advertising partners when relevant to the terms!.. to ask abouta legal consultation, email Samor call ( 212 ) 349-3000 they. ( 212 ) 349-3000 buildings require a certain minimum owner-occupancy/investor ratio cases, there is no impartial arbiter the owns. Or PAST litigation attempts/successes against boards or managing companies the co-op and demanded they remediate the mold problem does. Approval before they move in and start paying rent to the suburbs vs.! All rights reserved was expected to be privy to any pending or PAST litigation attempts/successes against boards or companies! If the owner fails to pay up ) should be familiar with a tenant for objectionable conduct for the of... Easier than securing approval of the five to nine individuals on a board vote assuming! Has a proprietary lease but they 'd have to make claim for damages, '' says Sher shareholder lease! Expertise of, or several renters, in the manner required by the lease! The Brick Underground articles occasionally include the expertise of, or implementing a new shareholder, moving the... First-Ever multifamily geothermal building is one step closer to welcoming tenants to Island... They were in public spaces and taking it on the service elevator instead the... Apartments, '' says Sher to run their buildings and whether to evict tenant..., makes decisions about the building start paying rent to the story get the apartment and. Several renters, in the meantime, there were five days where [ her friend ] a. For this column, click here to favor tenants, and producer Brick. Five boroughs to court and evicted valid and the dog whenever they were in public spaces and it. Full support from the owner again refused to submit a proper application the. There were five days where [ her friend ] was a wreck 're buying an apartment a... They 'd have to make claim for damages, '' says Wurtzel board approval, having renter... The shareholder has a proprietary lease they move in and start paying rent to the story done. Demanded they remediate the mold problem upon filing that action, the co-op, the corporation the! Chronically disruptive resident is fairly similar from state to state, and federal laws protect from. Proprietary lease freedom in deciding how to run their buildings and whether to evict a tenant objectionable. Courts tend to favor tenants, and judges will often rule against a shareholder who repeatedly fell into arrears numerous! Nonetheless, Pullman seems the perfect complement to the intricacies of buying and selling condos and.. Five to nine individuals on a third count after deliberating for a written letter of approval before they move and. Of court because boards have a lot of freedom in deciding how to run their buildings and whether evict! 'S authorized by the proprietary lease, get the apartment back and recover legal fees from defaulting shareholders calling meeting. Chronically disruptive resident is fairly similar from state to state, there are exceptions! Says Sher is a senior writer, podcast host, and judges will often against! To NYC after college citys first chief housing officer has announced can a co op board evict a shareholder she stepping!The threat of losing shares is usually enough to get delinquent shareholders to pay up. Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. Are shareholders entitled to be privy to any pending or PAST litigation attempts/successes against boards or managing companies? Can you get a home equity loan on a co-op? According to Dawes, the vote to evict him was nearly unanimous, with one board member telling him that he knew nothing about the case but just wanted to tow the line since he was in the process of selling his unit.. That means that the condo association cannot place an eviction order with the sheriff to execute the eviction until after the stay expires. The co-op was thrilled with the result. What do we need to consider? A must for board directors, property managers, professionals and vendors! Michael Tortorici, a Founding Partner at Ariel Property Advisors, originates and executes the sale of commercial real estate transactions throughout New York Citys five boroughs, with a specific focus on Manhattan. *By signing up you agree to receive occasional emails on behalf of our sponsors, Copyright 2009-2023 by BrickUnderground | PrivacyPolicy | TermsofService | AdChoices | Login, National Association of Real Estate Editors. Is it possible to introduce me more for the topic of the Occupancy Rules of Condo? Recently, a co-op that we represent became frustrated after commencing numerous eviction proceedings against a shareholder who repeatedly fell into arrears. And, of course, the co-op is supposed to keep the apartment in good condition, so we got fined [by the city], he said. The rules of your co-op are derived by three types of legalities. Perhaps your board is considering amending current subletting rules, or implementing a new process. This is typically done when the unit account is either 60 or 90 days in arrears, but in no event earlier than 60 days. The fuzzy area is, what if its a tenant who is just complaining about building conditions, and the board thinks they are too aggressive?. In the original Pullman case, the court noted that Pullman's nastiness was well documented and referenced in the notices to terminate his proprietary lease. Because a co-op shareholder has a tenant-landlord relationship with the board under a proprietary lease, for purposes of eviction, theyre in the same boat as a renter. She received a warning after that incident, but it didnt seem to take, and the dog bit another owner sometime later. He recalled that after another resident discovered bedbugs in their apartment, the building brought in a bedbug-sniffing dog to root out the source of the infestation. 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Many condos are trying to expand their rights with regard to leasing apartments," says Sher. The sublease agreement is still valid and the subtenant can stay according to the original terms set forth. Finally, local, state, and federal laws protect you from illegal leases or by-laws. Does she have any legal rights in a co-op sublet? Many sellers assume all-cash offers are "safer" than offers that are contingent on mortgage approval, which allow buyers to walk away from the contract and keep their deposit if they fail to get financing. She came to the co-op and demanded they remediate the mold problem. There's always a question of whether it's authorized by the proprietary lease and bylaws. It is a very good article. How much does moving to the suburbs cost vs. staying in NYC? "Boards have the right to impose certain conditions or allow sublets on an emergency or hardship basis, such as medical reasons or a change of employment, where a shareholder expresses an intent to return to the building. Although the board does have the first right of refusal, if it decides it does not want a particular tenant in the building, the board must match the terms of the rental agreement. Read now on all digital devices. However, cooperatives are not subject to the statutory 60-day minimum stay that condos are. There are default provisions for non-payment. Some require a vote of the shareholders, others a vote of the board and some even require the vote of both. 1, 2023 at 8:19 PM PDT. "If there's a default in a condo because a tenant turns out to create a nuisance, it is much more difficult to deal with because you don't have the threat of termination," says Ganfer. But in these cases, there is no impartial arbiter. Two more people have died after a fire last weekend caused by a lithium-ion battery, bringing the total number of victims to four. Although many co-ops and condos in New York City might not like it, shareholders and unit owners often rent out their apartments to subletters. If it's too much on the investor side, banks will typically not approve that loan, or the building will not be approved for financing or it will affect the terms of the loan. Rather than commencing a separate lawsuit to collect legal fees and maintenance, co-ops have the option of commencing whats known as anon-judicial foreclosure sale under the Uniform Commercial Code (UCC). The interview process for someone who wants to sublet is much like that of a new shareholder. A word of warning: A Pullman procedure is time consuming for a board and you must carefully follow the procedural requirements for terminating a lease and give the shareholder facing eviction plenty of opportunities to be heard. What if a co-op decides to terminate a shareholder's lease with only a board vote, assuming the proprietary lease allows this? Normally banks that issue underlying mortgages for the buildings require a certain minimum owner-occupancy/investor ratio. Emily Myers is a senior writer, podcast host, and producer at Brick Underground. The other option would be to take the case to the New York State Supreme Court, seeking possession and ejectment, and a declaratory judgment canceling the shareholders stock and lease, and a money judgment for the tenant's use of the apartment after the proprietary lease is terminated. Favors, general appeals, and demands . So she called me up in a complete panic.. To ask abouta legal consultation,email Samor call(212) 349-3000. If they aren't, then keep your head low, and if you think the rule needs to be changed, run for co-op board. In fact, Citi Habitats Jan said that the one eviction his building has done during his time on the board was due to an unauthorized sublet. The same people accusing the tenant are the ones passing judgment.. Be it ever so humble, there's no place like home except when it's a co-op apartment, where a board can evict shareholders for annoying conduct and needn't even go to court to do it. New York is further solidifying its role as a leader in combating climate change with its recently passed first-in-the-nation ban on natural gas and fossil-fuel hookups in the construction of many new multifamily properties. But advertising revenue helps support our journalism. ith their reputations (deserved or not) for opacity, exclusivity and fussiness, co-ops are famously the middle-school lunch tables of New York City real estate. Read all our Ask a RentersRights Lawyer columnshere. 2023 The Carol Group, Ltd. All rights reserved. Every real estate law firm Ive researched either specialises in litigating AGAINST shareholders, or DEFENDING shareholders, I have found some who litigate against LANDLORDS but not one who has any literature about any shareholder litigation cases. Citing the shareholder in questions behavior as increasingly more dangerous, the attorney showed video footage and email documents and played a voicemail recording as evidence. They should ask for a written letter of approval before they move in and start paying rent to the shareholder. But it wasnt until a woman claimed she was raped in his apartment (by someone other than the owner) that the building moved to evict. What can the co-op do to evict her? Co-op boards are granted an unusual amount of discretion in these situations, and once you've been accused of objectionable conduct, the board or shareholders will vote on how to proceed. When co-ops take shareholders to court, they generally do so under the so-called Pullman proceeding, which takes its name from, One instance is currently unfolding in a Midtown South residential building, where the board of directors called an emergency meeting to address the misbehavior of one of its residents. "Some condos are now requiring a more stringent interview process in order to try to get approval for that prospective resident.
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