coop won't let me pay my mother's maint? (Brighton, York: real estate, sublet)

[bill_leslie]

In 2001 Mom moved to NYC to be near her sister after my Dad died. At the time her assets and their income qualified her to buy into a coop with no issues.

In 2006 she had a small stroke and my sister and I took over most of her monthly expenses just to make sure that everything got paid on time etc etc.

I've been paying Mom's monthly coop apt maintenance since Oct 2006 with no issues by just writing a personal check to the mgmt agency/coop board. That has never been a problem until today when the mgmt company contacts me to say that they will no longer accept payment from me and it must come from my Mother directly - this by decree of the almighty "board".

I've not been able to get a straight answer from the mgmt company but I can't figure why they care who pays as long as they get their money? Any ideas?

I guess I'll just send money orders from now on.

Thanks, Bill in Atlanta

[Viralmd]

It might have to do with the by-laws. You need to read the incorporation papers to see how they're coming to this conclusion. Have you spoken to anyone on the board? That might be a good first step.

[UpsonDowns]

Are your last names different? They may suspect that you are an illegal sublet. Of course this is ridiculous as the board members are your mom's neighbors.

I would draft a nice letter to the board asking for clarification.

[quelinda]

Basically they've decided to make your life miserable (relatively speaking of course) for no good reason, and you can in turn do the same to them. I would ask them for a copy of the co-op's organizing documents, like Vmd advises, and ask them for a copy of the minutes of the meetings of the board of directors and meetings of the shareholders for the past few years. Also ask for a copy of the latest financial statements to make them feel like someone's watching their activities on the co-op owners' behalf. If they were going to be a pain, I would make them feel like I'm going to start looking over their shoulder to make sure they're doing their job by the book too.

[Viralmd]

Originally Posted by quelinda

Basically they've decided to make your life miserable (relatively speaking of course) for no good reason, and you can in turn do the same to them. I would ask them for a copy of the co-op's organizing documents, like Vmd advises, and ask them for a copy of the minutes of the meetings of the board of directors and meetings of the shareholders for the past few years. Also ask for a copy of the latest financial statements to make them feel like someone's watching their activities on the co-op owners' behalf. If they were going to be a pain, I would make them feel like I'm going to start looking over their shoulder to make sure they're doing their job by the book too.

Unfortunately, as a non-shareholder he's not legally entitled to see the minutes of the board. Again, talk to the board chairman or other member, because they can probably tell you what the issue is. An attorney would be able to help you review the incorporation papers because they may be picky about you seeing them, as well. Talking directly to the board is your best bet right now.

[Fred314X]

The mother of a friend of mine remarried, and moved in with her new husband to a co-op in Brighton Beach. She thought she was there for life, but surprise! When her second husband died, the board notified her that she had to leave. That it was her husband was irrelevant--she was not listed as an owner of the unit. So a co-op board that insists on payment only from the owner is not surprising.

[bill_leslie]

Thank you for the ideas and suggestions.

I’m certain I can sort it out but I guess I just got a bit reflexively defensive at the idea of having to justify why I’m paying my 78 y/o Mother’s maintenance. I keep forgetting how unique coop situations are and I must confess to a bit of coop board anxiety. I think half the members are real estate agents and the other half are real estate attorneys. It’s like say the wrong thing and Mom will be on the street or in court (haha).

I’m guessing they probably think it’s a sublet or something. Even though Mom and I have the same last name, its obvious that I’m paying it from Atlanta and I guess that set off someone’s “spidey” sense. The mgmt company recently changed to Tudor Realty and they seem very professional and have really squared away some things that had popped up in the building, but they do seem a bit over zealous at times.

For example this afternoon they wouldn’t give me the name of the board president because I’m not on the lease. Fortunately, I have the contact info for the old board president and I’ll give her a call this evening. And I was planning on being in the city next weekend so that’ll give me a chance to review the lease/bylaws with Mom but I hope it’ll be resolved by then.

My sister in Chicago has a Power of Attorney for Mom that we got in New York when she moved up there so if push meets shove we can go that route. I guess I still just don’t see why the board should care but my recollection from reading the lease years ago was it looked a bit like the Beatles song “Let me tell you how it will be. There's one [right] for you, nineteen for me. 'Cause I'm the taxman [coop board], yeah, I'm the taxman [coop board]”

Thanks again. Bill in Atlanta.

[iGlenn]

Originally Posted by bill_leslie

In 2001 Mom moved to NYC to be near her sister after my Dad died. At the time her assets and their income qualified her to buy into a coop with no issues.

In 2006 she had a small stroke and my sister and I took over most of her monthly expenses just to make sure that everything got paid on time etc etc.

I've been paying Mom's monthly coop apt maintenance since Oct 2006 with no issues by just writing a personal check to the mgmt agency/coop board. That has never been a problem until today when the mgmt company contacts me to say that they will no longer accept payment from me and it must come from my Mother directly - this by decree of the almighty "board".

I've not been able to get a straight answer from the mgmt company but I can't figure why they care who pays as long as they get their money? Any ideas?

I guess I'll just send money orders from now on.

Thanks, Bill in Atlanta

Have your mother make you power of attorney. You'll be officially acting on her behalf. Then you could do all of what quelinda suggested. I can't imagine what they could do to stop you then.

[quelinda]

Originally Posted by Viralmd

Unfortunately, as a non-shareholder he's not legally entitled to see the minutes of the board. Again, talk to the board chairman or other member, because they can probably tell you what the issue is. An attorney would be able to help you review the incorporation papers because they may be picky about you seeing them, as well. Talking directly to the board is your best bet right now.

Well obviously I would draft the letter on behalf of the mother, and then have the mother sign it. So therefore the request is of course from the owner who has standing to request the information.

Yup, the power of attorney can give you all rights to deal with her affairs related just to the co-op. The co-op board will then be required to deal with you as if you are your mother. You can get a simple NY power of attorney form by searching on google.

[Otis_Nevins]

Yep, Power of Attorney will do it. Make sure you take over ownership after the inevitable happens, too.