All, Our Coop had the initial offering and By-Laws from the 70s. It seems that for some reason the initial offering by-laws were never refistered but the coop was operstinf under them till the 2000s. They recorded the Condo offering with new By-Laws in 2007 which is what is recorded in ACRIS. There are some conditions that are in conflict on each of the By-Laws- number of board members, use of the... [more]
All,
Our Coop had the initial offering and By-Laws from the 70s. It seems that for some reason the initial offering by-laws were never refistered but the coop was operstinf under them till the 2000s. They recorded the Condo offering with new By-Laws in 2007 which is what is recorded in ACRIS.
There are some conditions that are in conflict on each of the By-Laws- number of board members, use of the property, etc. We asked the management company which By-Laws are applicable and their attorney said both of them. I think their answer was just to avoid any problems, but I don't think the initial By-Laws are applicable since they are not registered in ACRIS.
Any idea what should be applicable? Would be recommended a consultancy with an attorney to clarify it? Any source where we could submit this question to get an official answer?
Thank you.
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Response by George
about 2 years ago
Posts: 1327
Member since: Jul 2017
A periodic refresh of governing docs is appropriate, all the more so in your case. There are lots of old provisions in many bylaws while newer issues aren't addressed. I'm looking at you - buildings that ban velocipedes but not ebike batteries. Hopefully the provisions for changing bye-laws are not in conflict!
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Response by pinecone
about 2 years ago
Posts: 143
Member since: Feb 2013
I was so bummed to have to give up my velocipede when I moved into a co-op...
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Response by Aaron2
about 2 years ago
Posts: 1693
Member since: Mar 2012
And my maid was happy to have her own designated elevator when I moved into a co-op....
(Why shouldn't she have the advantage of her own dedicated elevator?)
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Response by steve123
about 2 years ago
Posts: 895
Member since: Feb 2009
Here's a larger question of course - what teeth / enforcement mechanisms do bylaws actually have when the board themselves aren't following them. Management companies are hired/fired by boards and therefore do whatever they are told.
Other than somehow getting over 2/3 of shares to vote on a motion to remove them (if that even exists in bylaws) or $20k on a lawyer..
I assume its mostly - better luck next year rallying enough neighbors to vote the bums out..
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A periodic refresh of governing docs is appropriate, all the more so in your case. There are lots of old provisions in many bylaws while newer issues aren't addressed. I'm looking at you - buildings that ban velocipedes but not ebike batteries. Hopefully the provisions for changing bye-laws are not in conflict!
I was so bummed to have to give up my velocipede when I moved into a co-op...
And my maid was happy to have her own designated elevator when I moved into a co-op....
(Why shouldn't she have the advantage of her own dedicated elevator?)
Here's a larger question of course - what teeth / enforcement mechanisms do bylaws actually have when the board themselves aren't following them. Management companies are hired/fired by boards and therefore do whatever they are told.
Other than somehow getting over 2/3 of shares to vote on a motion to remove them (if that even exists in bylaws) or $20k on a lawyer..
I assume its mostly - better luck next year rallying enough neighbors to vote the bums out..