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Sun Feb 14, 2010 14:15

Weíve got a bit of a problem here in the building. Three people (four, if you count one who moved away) have felt threatened by a particular SH.

The incidents occur one-on-one. Full disclosure, I am one of the four people and I did manage to record one of the incidents on my iPhone. I also still have a threatening email from this SH to me.

The only language I can find in the prop lease that would seem to address a problem like this is folded into the section on noise: ďNo Lessee shall make or permit any disturbing noises in the Building or do or permit anything to be done therein that will interfere with the rights, comfort or convenience of other Lessees.Ē (Emphasis mine.)

Recently a building resident alerted a board member to a disturbing encounter she had had with this SH. This board member shared the communication with the rest of the board. (I am on the board.) I recommended that the board at least document that it had received this email, or add the email to the record. For this I was vociferously voted down and even accused of having an agenda against the SH in question.

I find it unusual that a number of people in the building have had disturbing one-on-one encounters with this particular SH. I also find it unusual that a number of people in the building refuse to communicate with him verbally (only in writing).

What, if anything, can be done in a situation like this? What recourse do people have? What is the best plan of action, if any? Frankly I find it a bit alarming, but perhaps all buildings have situations like this. Mind you, I havenít heard of things like this going on in other buildings.

    • Re: Aggression CDT, Tue Feb 16 16:12
      The Pullman decision rears its head yet again. Yes, it's true that you can terminate a shareholder's lease and shares for objectionable conduct if your Proprietary Lease permits it. Sometimes a... more
      • Re: Aggression G K, Tue Feb 16 19:55
        As Iíve said a couple times now, I would never try to head down the Pullman path. Quixotic, too expensive, too divisive. . . . it seems like the board could be in a lot of trouble if this aggressive... more
    • Aggression Board Prez, Mon Feb 15 09:04
      Yes, West Cty Board Member is correct - most leases have a clause citing "Objectionable Conduct" which outlines what actions the board and the shareholders may take. What constitutes "Objectionable... more
      • Re: Aggression G K, Mon Feb 15 13:55
        Thanks so much for your response, Prez. Why are most board members afraid to stand up to this particular SH? Wish I knew. He was the board president for a few years a while back and still seems to... more
    • Re: aggression West Cty Board Member, Mon Feb 15 07:01
      Check the proprietary lease for objectionable conduct and document all incidents. You may be able to terminate the lease.
      • Re: aggression G K, Mon Feb 15 10:47
        Thank you. Very helpful. Yes, I had forgotten, our prop lease does contain a clause about objectionable conduct: Lesseeís Objectionable Conduct If at any time the Lessor shall determine, upon the... more
        • Re: aggression G K, Mon Feb 15 10:55
          Oh, I meant to add: I think it would be great if we could terminate the lease. I just donít think it would fly. Itís difficult enough to get people to join forces to call the SH out on his aggressive ... more
          • Expensive to get SH out Board Newbie, Mon Feb 15 12:35
            Our building just went through a similar problem: be aware it is very costly in legal fees to vote someone off the island. We received a legal bill equal to the mortgage of our building. All the... more
            • Re: Expensive to get SH out G K, Mon Feb 15 12:52
              I completely agree with you, Newbie; see my response just above yours. Thatís why I think some sort of social pressure could be so effective. Continuing to ignore the behavior or sweep it under the... more
              • Expensive and unlikely to succeed Board Prez, Tue Feb 16 18:22
                As this chain has progressed it sounds more and more that this is a problem requiring a political/social solution rather than a legal one. It does not sound like there are grounds for a termination,... more
                • Expensive and may not be recouped Board Newbie, Tue Feb 16 20:09
                  It's important to bear in mind that all the documentation in the world and witnesses may not help circumvent a horrendous legal and psychological nightmare that can go on for years in your co-op. You ... more
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