What is the name of your state? new york
hello again friends,
once again i find myself turning to you for your wonderful free legal advice, and we certainly have a dilemma which i will explain below:
my brother lives in a co-op and does not discriminate against anyone. he is an elderly gentleman and in his 80's living in a rent stab apt for many years, but he has become very concerned as what seems to be an illegal attempted take over of the cooperative.
my brother has read notices placed under his door that a nameless group (1st couple of letters were nameless), has a myriad of complaints against the current landlord (who sits on the board of directors), the board of directors, the mgr., of the co-op and the landlord's attorney regarding negligence, high costs for running the building, they said they can't locate the roofer who is under contract and seems missing in action yet the top floor has constant water leaks and water drips down from the electrical lights as well, and the maintenance is being increased time and time again requesting the shareholders give extra $ for more roof repairs.....already received $ for many months to fix the elevators, which they say were fixed but still are dangerous, and there are many complaints listed in all these letters (some of which are certainly valid), being circulated under the front door of all residents of the co-op.
to-date my brother has refused to open his door to sign any petitions from parties representative of this attempted illegal takeover attempt, or otherwise.
the parties trying to rail road a take over are of foreign decent, and shareholders. their most recent letter stated they have posted names of their own people who will be running for office of board of directors, that they have their own management company which would be more cost effective to use, their own managing agent who will live on the premises, as well as their own attorney who will be contacting all residents of the co-op building both shareholders, and rent stabilized tenants, to also sign another petition to demand that they get an emergency shareholder meeting to vote and have their own kind take over all above key postions. (seems these foreign extraction shareholders out number all other shareholders of my brothers co-op building).
they have now posted their notices in the lobby and have also given themselves a name. the current managing agent tears them down and they repost. many in the co-op building are elderly shareholders and rent stabilized tenants who are all very upset over this apparent cooperative take over attempt. (everyone not involved with this illegal take over attempt believes this is an illegal tactic and no one should be concerned since the yearly next shareholder meeting is scheduled for march of 2007, and the rent stabilized tenants believe DHCR will protect their rent stabalization rights no matter what the outcome is of this apparent co-op take over attempt), but i worry and so does my brother). btw they are ringing my brother's bell at all hours of the day and night demanding he sign various petitions.
is this legal? my brother is really worried since he is rent stabalized, and while refusing to become party to any peition signing he wishes to just be left alone since he is very ill, but is concerned as others in the building also ring his bell and demand he sign their petition to keep the current manager, board of directors and sponsor's attorney. my brother does not want to sign anything but panicked and said he wanted to call the rent stab board and report this and ask them for help, and i told him not to until i post the problem and get legal advice from this wonderful free advice community forum bb since it was stated many times not to contact dhcr if at all possible since it many not be a fair, and favorable outcome.
i also told my brother not to sign anything and that he should not discuss this with anyone and should remain neutral, as i am some what fearful that he could become an easy target. if i am not wrong i believe it is the legal responsibility of the landlord and the landlord's attorney, as well as the current board of directors and the management company to address this. (the landlord also resides on the board of directors). now i wonder if this was the right advice to give my brother and would appreciate legal advice as to whether or not this kind of illegal take over attempt is legal, and if my advice to my brother was correct. also wondering if he should call dhcr for assitance and guidance, and if we really have something to be worried about regarding this entire situation.
i thank everyone in advance for any legal replies and will relay them to my brother when i have received responses.
i am especially worried about my brother's health since he is recovering from a recent stroke, is a cardiac patient, has hypertension and is also a diabetic, and his stress level is rising everytime another person rings his bell and demands he sign a petition. it is so bad that he is aggrivated every time he leaves his apartment, and now refuses to go out, and we are doing everything for him but pray we receive legal advice which could calm his fears about this situation once and for all.
again, thank you, and i hope to read your legal advisements when convenient
.
hello again friends,
once again i find myself turning to you for your wonderful free legal advice, and we certainly have a dilemma which i will explain below:
my brother lives in a co-op and does not discriminate against anyone. he is an elderly gentleman and in his 80's living in a rent stab apt for many years, but he has become very concerned as what seems to be an illegal attempted take over of the cooperative.
my brother has read notices placed under his door that a nameless group (1st couple of letters were nameless), has a myriad of complaints against the current landlord (who sits on the board of directors), the board of directors, the mgr., of the co-op and the landlord's attorney regarding negligence, high costs for running the building, they said they can't locate the roofer who is under contract and seems missing in action yet the top floor has constant water leaks and water drips down from the electrical lights as well, and the maintenance is being increased time and time again requesting the shareholders give extra $ for more roof repairs.....already received $ for many months to fix the elevators, which they say were fixed but still are dangerous, and there are many complaints listed in all these letters (some of which are certainly valid), being circulated under the front door of all residents of the co-op.
to-date my brother has refused to open his door to sign any petitions from parties representative of this attempted illegal takeover attempt, or otherwise.
the parties trying to rail road a take over are of foreign decent, and shareholders. their most recent letter stated they have posted names of their own people who will be running for office of board of directors, that they have their own management company which would be more cost effective to use, their own managing agent who will live on the premises, as well as their own attorney who will be contacting all residents of the co-op building both shareholders, and rent stabilized tenants, to also sign another petition to demand that they get an emergency shareholder meeting to vote and have their own kind take over all above key postions. (seems these foreign extraction shareholders out number all other shareholders of my brothers co-op building).
they have now posted their notices in the lobby and have also given themselves a name. the current managing agent tears them down and they repost. many in the co-op building are elderly shareholders and rent stabilized tenants who are all very upset over this apparent cooperative take over attempt. (everyone not involved with this illegal take over attempt believes this is an illegal tactic and no one should be concerned since the yearly next shareholder meeting is scheduled for march of 2007, and the rent stabilized tenants believe DHCR will protect their rent stabalization rights no matter what the outcome is of this apparent co-op take over attempt), but i worry and so does my brother). btw they are ringing my brother's bell at all hours of the day and night demanding he sign various petitions.
is this legal? my brother is really worried since he is rent stabalized, and while refusing to become party to any peition signing he wishes to just be left alone since he is very ill, but is concerned as others in the building also ring his bell and demand he sign their petition to keep the current manager, board of directors and sponsor's attorney. my brother does not want to sign anything but panicked and said he wanted to call the rent stab board and report this and ask them for help, and i told him not to until i post the problem and get legal advice from this wonderful free advice community forum bb since it was stated many times not to contact dhcr if at all possible since it many not be a fair, and favorable outcome.
i also told my brother not to sign anything and that he should not discuss this with anyone and should remain neutral, as i am some what fearful that he could become an easy target. if i am not wrong i believe it is the legal responsibility of the landlord and the landlord's attorney, as well as the current board of directors and the management company to address this. (the landlord also resides on the board of directors). now i wonder if this was the right advice to give my brother and would appreciate legal advice as to whether or not this kind of illegal take over attempt is legal, and if my advice to my brother was correct. also wondering if he should call dhcr for assitance and guidance, and if we really have something to be worried about regarding this entire situation.
i thank everyone in advance for any legal replies and will relay them to my brother when i have received responses.
i am especially worried about my brother's health since he is recovering from a recent stroke, is a cardiac patient, has hypertension and is also a diabetic, and his stress level is rising everytime another person rings his bell and demands he sign a petition. it is so bad that he is aggrivated every time he leaves his apartment, and now refuses to go out, and we are doing everything for him but pray we receive legal advice which could calm his fears about this situation once and for all.
again, thank you, and i hope to read your legal advisements when convenient
.
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