Q&A: Can Management Prevent You From Running For the Board?

Q&A: Can Management Prevent You From Running For the Board?
Q Our Queens co-op recently had elections. I wanted to run for the board, however management stepped in and told me that I was unable to run for the board since I am months in arrears. Is the management company allowed to tell me not to run?

—Aggrieved Candidate

A "It depends,” says attorney Aaron Shmulewitz of the New York law firm of Belkin Burden Wenig & Goldman, LLP. “ The question does not indicate whether the building is a cooperative or a condominium; the corporate affairs of co-ops and condominiums are governed by different statutes. However, neither set of laws contains any statutory prohibition against a delinquent owner running for, or serving on, his or her board. The next question is whether such a prohibition has been adopted in the building's bylaws (or, if it is a co-op, its certificate of incorporation). Some buildings' bylaws—more often in condominiums than in co-ops—do contain such a prohibition. If the writer's building's bylaws (or, if a co-op, possibly the certificate of incorporation) contain such a prohibition, then he or she would be barred from running for, or serving on, the board; if no such prohibition is stated in the governing documents, he or she would not be barred."

Related Articles

African woman sit on couch near pc received utility bills feels concerned about price increase or high taxes, female holds letter from bank about money debt overspend or credit loan rejection concept

Q&A: Can Treasurer Change Maintenance Increases?

Q&A: Can Treasurer Change Maintenance Increases?

A hand presents an eviction notice isolated in flat design style (cut out)

Q&A: Co-op Tenant Evicted

Q&A: Co-op Tenant Evicted

quorum word made from metallic letterpress on dark jeans background"r"n

Q&A: No Quorum = No Election?

Q&A: No Quorum = No Election?