Bruce Cholst, Anderson Kill



Annual Meeting Season: Atmospherics Matter
by Bruce Cholst, Anderson Kill
May 29, 2017 | 54 views | 0 0 comments | 11 11 recommendations | email to a friend | print

As property managers and board members plan for their associations’ annual meetings they should keep one cardinal rule in mind:  atmospherics matter.  The choice of timing and venue, the provision of amenities or failure to do so, and the manner in which information is presented all profoundly affect the tone of the gathering, and the tone set by the annual meeting could make or break a board’s tenure.

For example, to maximize turnout and avoid accusations of bad faith the meeting should be scheduled after work hours on a weeknight at a place near the building.

Selection of a venue is equally crucial for establishing the tone.  Proximity to the building will encourage attendance and preclude complaints about the board’s lack of good faith in scheduling of the meeting.

Comfort counts too.  A crowded room without appropriate heat, ventilation, air conditioning, or adequate seating arrangements is guaranteed to inhibit dialogue and increase tension.  Acoustics also matter.  If the meeting is being held in a large room, microphones are a must, and the board or managing agent should test them in advance to make sure they are functional.  Another way to reduce tension is to provide food while waiting for attendees to be signed in.

The board’s choice of who presents its information to owners also affects the meeting's tone.  Presentations by board members instead of the building’s various professionals result in a less formal atmosphere.  On the other hand, professional presentations lend a more ritual milieu to the meeting, which may be appropriate to a particular building. Presentations by local police and fire department representatives or politicians concerning community issues can also lend substance.

Lengthy and numerous presentations tend to cut into the time available for owner Q&A/gripe sessions, thereby risking discontent.  Finally, distribution of financial statements at least several days prior to the meeting is imperative to avoid speculation that bad numbers or improprieties are being concealed.

Bruce Cholst & The Anderson Kill Experts have been counsel to the co-op-condo and Homeowner Association Boards in the NYC Metro community for over 40 years. Their NYC office is located at 12521 Avenue of the Americas NY, NY 10020. They can be reached at 


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Marie J
May 29, 2017
BISHOP JAMES MASSA’S ADDRESS TO PARENTS AND STUDENTS Dear Parents and Students, I am writing to clear up some misinformation that was disseminated by the administrations of Christ The King Catholic High School and Middle Village Preparatory Charter School. Letters sent home to students and parents indicated that the Diocese of Brooklyn is ordering the closure of Middle Village Prep. This is a misrepresentation of the truth and we at the diocese feel it is our obligation to clarify the facts. The Diocese of Brooklyn believes in education, both parochial and public. Multiple charter schools currently utilize or share space in Catholic high school and parish buildings throughout the Diocese with the full support of the Church. We wish to see all of these schools, including Middle Village Prep, continue to thrive. But the power to keep Middle Village Prep open lies with Christ the King High School. In recent years Christ the King has refused to re-affirm and honor its long-standing covenant with the Diocese of Brooklyn—a covenant that is honored by all other Catholic regional high schools in the Diocese. This covenant requires that these high schools operate in consultation with the Diocese when conducting enterprises unrelated to their function as Catholic schools. After years of unsuccessful efforts to work in cooperation with Christ the King High School, the Diocese of Brooklyn was left with no other recourse but to file a lawsuit. In March of 2017, and after several years of litigation, the Supreme Court ruled that use of the premises for the operation of a charter school is a breach of Christ the King’s agreement with the Diocese. The court ordered Christ the King to discontinue the use of the premises for a charter school without the permission of the Diocese, effective at the end of the current academic year. The diocese has made it clear to Christ the King that it will permit use of the property for a charter school, hence allowing Middle Village Prep to remain open. The diocese’s sole requirement is that Christ the King adhere to the same conditions accepted by all other Catholic regional high schools and parishes in the diocese. It is the Diocese of Brooklyn’s fervent hope and prayer that Christ the King will forever continue to serve the young men and women of the Diocese and that the property will continue to serve the most worthy cause of education. Sincerely yours in Christ,