Co-op Board of Directors

[BlondiePB]

What is the name of your state? FL

At the Corporation annual stockholders' meeting, the Board of Directors demanded that I leave windows open (to prevent mold) and open the blinds (for rodent control - isn't that a good one) in a stockholder's apartment. As guardian, should anything happen like theft or rain damage, I am legally responsible and liable for the "ward's" property and belongings so I stated to the Board. The "ward" was placed in an Assisted Living Facility. I frequently check and keep the apartment maintained as was verified by the president of the Board. The Board stated that I also had a responsibility to them. I do not dispute this fact. Rather than having a huge argument with the Board and some other stockholders without first doing some research about the situation, I stated that I would speak to my attorney and get back with them. Monday sure seems like a long way away to wait to speak to my attorney, as I am presently a bit "peeved." Co-op communities can make rules that Condo Associations cannot. However, from my understanding of how this Co-op Community and the Corporations work: 1) the Board would have to demand this of all stockholders/occupants of the corporation (98% of them are "snowbirds" and then they would have to do the same for the 6 to 9 months they are "up north") and 2) the Board would have to write a By-Law that the stockholders would have to vote for or against. Since I am confident in how this community works, the Board cannot demand that just I leave windows and blinds open. Or can they?

 

[Pfaffing85690]

Litmus test time.

On Monday, have your attorney draft an agreement between the estate and themselves personally and the condo board as a corporation.

In this agreement it will state the specific orders from the condo board, the members in favor of these orders and that the condo board, as a corporation and it's members individually, assume all responsibility for items stolen or damaged as a result of your following of these orders.

Then let's see how many are willing to sing.

 

[BlondiePB]

Thank you very much Pfaffing. That certainly has given me some interesting ideas and possibilities with which I can entertain. I'll let you know what song they decide to sing.

 

[Pfaffing85690]

Please do. And remember, there will be others stopping by to offer advice so please listen.

 

[mykoleary]

Please do. And remember, there will be others stopping by to offer advice so please listen.

As a former President of a Conod board, I'll be stopping back to hear the results as well.

I'd give advice, but my knowledge is limited to condos and not co-ops. Good luck!!!

 

[BlondiePB]

myk,
This Co-op community is a bit unique. The community has 12 buildings. Each building is its own corporation, and each runs its own business. There is a 13th corporation comprised of the 12 presidents of each individual corporation. The community and each corporation are self-governing. I did go to the property this morning to get the Articles and By-Laws and "The Rules We Live By." I will now go and read all this.

 

[HomeGuru]

myk,
This Co-op community is a bit unique. The community has 12 buildings. Each building is its own corporation, and each runs its own business. There is a 13th corporation comprised of the 12 presidents of each individual corporation. The community and each corporation are self-governing. I did go to the property this morning to get the Articles and By-Laws and "The Rules We Live By." I will now go and read all this.

**A: OK, you have passed the first step.

 

[BlondiePB]

The Articles, By-Laws, and "Rules We Live By" were an interesting read as well as the Proprietary Lease, Agreement for Deed, House Rules, and Maintenance Contract. I can now prepare my "Brief." Any guesses on what song(s) will be sung tomorrow?

By the way Pfaffing, modifying the estate contract would require me to have the approval of the Court. And, the Corporation would be the party with which a contract would be made rather than any and all individual members of the Corporation.

 

[Pfaffing85690]

I didn't say modify any existing contract. I simply said present the board and individual members a separate agreement making them liable personally and serveralbly for you acceeding to their wishes.

 

[HomeGuru]

The Articles, By-Laws, and "Rules We Live By" were an interesting read as well as the Proprietary Lease, Agreement for Deed, House Rules, and Maintenance Contract. I can now prepare my "Brief." Any guesses on what song(s) will be sung tomorrow?

**A: my guess would be the blues.

 

[BlondiePB]

Pfaffing,
An agreement such as you recommended, as verified by my attorney, would indeed have to have Court approval as would prosecuting or defending claims to protect the estate and the guardian in the performance of the guardian's administrative duties. Such an agreement would have to state the specific Corporation, which would be all stockholders of this Corporation as a collective. As a collective, all stockholders would have to individually sign the agreement. Think they all will agree to that? My apologies for any oversight in this information. Reading all the documents to learn "who's on first" in each ball game was cumbersome. Only the president of a specific Corporation would be individually held liable and ONLY if he/she would be acting on behalf of the Community Corportion (the 13th Corporation comprised of the 12 individual Corporation Presidents). All other Community Corporation persons/members are immune to any liability. Thank you for your input. It is appreciated and I will offer the Board such an agreement if needed.

HG,
They'll be singing more than the blues this afternoon. While contending with this issue, I'll be clearing up other things as well. "Shoot out at the OK Corral" is this afternoon.

 

[Pfaffing85690]

Well then you now know where you stand. And at least unlike many posters who come here, you have done the footwork.

Good luck and let us know what happens.

 

[HomeGuru]

HG,
They'll be singing more than the blues this afternoon. While contending with this issue, I'll be clearing up other things as well. "Shoot out at the OK Corral" is this afternoon.


**A: ok, bring a lot of ammo.

 

[BlondiePB]

The song of the day is "Changes in Latitudes, Changes in Attitudes."

I went armed with plenty of ammunition. How much of this "shoot out" do you all want to know about?

 

[mykoleary]

The song of the day is "Changes in Latitudes, Changes in Attitudes."

I went armed with plenty of ammunition. How much of this "shoot out" do you all want to know about?

I'm interested!!