QUESTION

Legality of Election?

Asked on Nov 21st, 2016 on Real Estate - New York
More details to this question:
In New York, the condominium bylaws states that a homeowners meeting is required for election and a quorum, in the condo by-laws, it states the same and quorum is established with 2/3 of the homeowner's present. we currently have a board of managers that has decided to create a "Mail-In" election and alot of the addresses was incorrect and the ballots never received by the homeowners. Am I wrong to believe that the election is illegal and needs to be done in a "Homeowner's meeting" and quorum established? 2nd question: this is a past problem. for about 8-10 years, the board of managers was non-existent and the property management was handling the finances of the condo but in 2015, we found out that we had a 1.4 million dollar bill and a lien was established for water charges that is supposed to be included in our common charges. Can a class action lawsuit be brought due to the fact that they had a fiduciary responsibility and failed to notify the homeowners of this problem?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
The mail in process is not legal unless a proxy is given to members present.  Failure to pay the water bill would be a basis for a lawsuit.  It is not a class action, but a regular suit against the Board of Managers.
Answered on Nov 24th, 2016 at 7:29 AM

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