doing_it_right
New Member
I am a shareholder who lives in a Mitchell-Lama co-op in Brooklyn New York, county of Kings. Over 1/3 of the shareholders and I, signed a petition written by shareholders, requesting a "special meeting" in order to have an election for new board members and president, who is also the CEO (is that legal?) of the cooperative. We haven't had an "annual meeting" in many years and believe that several people have/are engaging in criminal activity.
We read and followed the laws of the City of New York, HPD, By-Laws, etc., and copied the right people (certified mail) from various agencies (Dept. of Investigation too) that have the authority and fiduciary duty to cure our situation. More to the story but as a result:
1. We were told by opposing parties (board and management) that our petition was not legal because the shareholder's names were on a separate page than the page that contained the language regarding what we were petitioning for and therefore, the judge would dismiss the case.
2. Verbal hell broke loose at a forced association's meeting but we did get a date to have an election.
If the shareholder filed a petition (correctly) in court to force an election and used as evidence the petition we wrote, would you dismiss our petition based on the fact that the signatures were on a different page than the language we used indicating our grievances?
I personally believe that the shareholders may want to hire a lawyer. Do you?
Thank you.
We read and followed the laws of the City of New York, HPD, By-Laws, etc., and copied the right people (certified mail) from various agencies (Dept. of Investigation too) that have the authority and fiduciary duty to cure our situation. More to the story but as a result:
1. We were told by opposing parties (board and management) that our petition was not legal because the shareholder's names were on a separate page than the page that contained the language regarding what we were petitioning for and therefore, the judge would dismiss the case.
2. Verbal hell broke loose at a forced association's meeting but we did get a date to have an election.
If the shareholder filed a petition (correctly) in court to force an election and used as evidence the petition we wrote, would you dismiss our petition based on the fact that the signatures were on a different page than the language we used indicating our grievances?
I personally believe that the shareholders may want to hire a lawyer. Do you?
Thank you.
