Legal Question in Real Estate Law in New York

My Co-op BOARD has decided to amend our bylaws. They gave notice to the shareholders, But we never had a opportunity to discuss anything at a meeting. Furthermore voting is being done by secret ballot, not at a regular or special meeting. The bylaws state the following:

Amendments

These By-Laws may be amended by the affirmative vote of the majority of the entire regular membership of record at any regular or special meeting, provided that no amendment shall become effective unless and until it has received the written approval of the Administration. Amemdents may be proposed by the Broad of Directors or by petition signed by at least twenty (20) percent of the members. Adescription of any proposed amendment shall accompany the notice of any regular or special meting at which such proposed amendment is to be voted upon.

Voting

At every meeting of the regular members, each member present, either in person or by proxy, shall have the right to cast one vote on each question and never more than one vote. The vote of the majority of those presentof those present or by proxy, shall decide an question brought before suchmeeting, unless the question is one upon which, by express provision of statue or of the Certificate of Incorporation or of these By-Laws, a different vote is required, in which case such express provision shall govern and control.

My questions are as follows:

1. Does the voting have to take place at a regular or special meeting or can it be done by secret ballot over a period of 4 days?

2. Do we have the right to vote on each issue as there are many purposed changes or can they combine all issues on an accept or reject basis?

3. If the are in violation of these provisions how do I stop them?

Thank You for your time and expertise

Bernard

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in New York

Looking for something else?