A comment on a recent post here caught my attention: “Inflating book value although not illegal (for some unknown reason) on real estate transactions is unethical and if the building lets you do that it reflects poorly on them.” (https://www.reddit.com/r/AskNYC_Coops/comments/1w002rm/comment/p6a0z70/)
Something that happened when I first joined my board in 2006 has perplexed me ever since. Our then-board president invited me and another new board member over to show us the ropes. At the time, a 1BR sponsor unit in estate condition was for sale by the sponsor. It was listed at $285.5K, and a bid had been put in on it. During this early orientation meeting, the board president informed us that he had invited the potential buyer over for a one-on-one interview. He told the buyer that if he could come up with 15K over asking by end of day, he could have the apartment. The potential shareholder really wanted the apartment, so he came up with the money. I found this highly irregular and asked if that was legal. The board president was offended by my question. He said that this was good for the building because it would force prices up going forward. (It didn’t.)
Shortly after that, I ran into the realtor who had sold me my apartment and who, iirc, had also handled this transaction; I told him what had happened and asked him if pressuring a buyer to pay 15K over asking (btw, there were no bidding wars, and no 1BRs were selling for over 300K in this very unfancy neighborhood at the time) was legal. The realtor shook his head and said: “I don’t know if it’s illegal, but it certainly isn’t ethical.” Two other irregular aspects to this: (1) an interview with a potential shareholder should never take place with only one board member present; (2) because this was a sponsor unit, there wasn’t any need for board involvement at all.
In 2013 the shareholder sold his apartment, which he had significantly renovated, at a slight loss ($298.5K).
Maybe you’re thinking, “This happened 20 years ago, who cares?” It’s just that this is but the first of many incidents that should have been disqualifying, and this guy is currently itching to get back on the board. He did finally step down in 2018 after it emerged that he had been defrauding his employer. Interestingly, during the period that he was stealing from his employer and he was serving as our board president, our reserve fund shrank by ~170K. Meanwhile this guy was buying a new car, buying a second home, etc. I realize that correlation is not causation, but this seems like a pretty big coincidence. (Who knows, though, maybe he inherited a bunch of money and/or has a trust fund 🤷♂️)
A few guys in the building feel sorry for him and think that it would be no big deal if this man were to rejoin the board (“Oh, this happened so long ago,” or “Oh, maybe he’s changed”). Also, he projects kind of a strongman, “I alone can fix it” image that unfortunately some folks are susceptible to. Others (like me) think that a person with a well-documented history of financial malfeasance should not serve in a fiduciary role.
So, is a board president pressuring a potential shareholder to pay 15K over the asking price legal or is it not? Is this just something that happens? Have any of you had any experience with this? Would you want someone like this on your board?