PaulJ6
Posts: 990
Posts: 990
Posted:
Other than filing a lawsuit or moving, what would you do in this situation?
My HOA (in NY):
1. Out of a board of 6 or 7, has 2 or 3 directors who work for the management company.
2. One director who works for the management company runs annual meetings (receives proxies, votes proxies, etc.).
3. The HOA, at the annual meeting, has denied that there is any law requiring it to disclose "related party transactions" to owners, such as transactions between the HOA and the management company. (The NY law is described at https://www.nixonpeabody.com/en/ideas/articles/2017/09/20/new-conflict-of-interest-laws-for-condos-and-co-ops-in-new-york.)
4. Board meetings are secret and no minutes are kept. (The HOA board, which has at least one lawyer on it, says that it doesn't know how to keep minutes.)
5. Whenever any "outsider" has asked for records (such as owner or board meeting records), the request is ignored.
6. Whenever any "outsider" has run for the board, if the outsider gathers enough votes to win a seat, the election has been canceled by the board, and the board has not shown any information about proxies gathered.
7. At annual meetings, the management company directors literally yell at owners and dare them to try to get on the board.
My specific concern: I'm currently looking at other properties, and I see that other buildings in my neighborhood have had significant gains in price over the last 10 years. My building hasn't been improved at all, HOA dues per month are significantly higher per square foot than other buildings, and mine has basically remained stable in price.
I'm not going to allege that any funds have been misappropriated, but the combination of high maintenance plus no capital upgrades is tough to figure out, as the management company effectively controls the board and will not give records to owners.
Other than filing a lawsuit or moving, what would you do? Or, if you were a lawyer, would you file a lawsuit to get records?
My HOA (in NY):
1. Out of a board of 6 or 7, has 2 or 3 directors who work for the management company.
2. One director who works for the management company runs annual meetings (receives proxies, votes proxies, etc.).
3. The HOA, at the annual meeting, has denied that there is any law requiring it to disclose "related party transactions" to owners, such as transactions between the HOA and the management company. (The NY law is described at https://www.nixonpeabody.com/en/ideas/articles/2017/09/20/new-conflict-of-interest-laws-for-condos-and-co-ops-in-new-york.)
4. Board meetings are secret and no minutes are kept. (The HOA board, which has at least one lawyer on it, says that it doesn't know how to keep minutes.)
5. Whenever any "outsider" has asked for records (such as owner or board meeting records), the request is ignored.
6. Whenever any "outsider" has run for the board, if the outsider gathers enough votes to win a seat, the election has been canceled by the board, and the board has not shown any information about proxies gathered.
7. At annual meetings, the management company directors literally yell at owners and dare them to try to get on the board.
My specific concern: I'm currently looking at other properties, and I see that other buildings in my neighborhood have had significant gains in price over the last 10 years. My building hasn't been improved at all, HOA dues per month are significantly higher per square foot than other buildings, and mine has basically remained stable in price.
I'm not going to allege that any funds have been misappropriated, but the combination of high maintenance plus no capital upgrades is tough to figure out, as the management company effectively controls the board and will not give records to owners.
Other than filing a lawsuit or moving, what would you do? Or, if you were a lawyer, would you file a lawsuit to get records?