What is the name of your state (only U.S. law)? Illinois
My mother was sick for quite a while and she owned a co op, she has been living here for 40 years. I moved back in with her in the last 6 months or so of her illness, she died at home.
Anyways, i informed the coop management right off that she had died and i told them that it would take several months to clear the place out (longer than i imagined really) but they were not helpful at all about what to do about the co op.
The next rent is due and i gave them a check which they mailed back to me weeks later stating this was due to illegal occupancy. I go and ask what they want and they said i had to apply and give them money to have me investigated and i needed to give them a copy of the small estate affidavit and a death certificate. I was really uneasy at them not particularly understanding the situation.
Not thinking the death certificate and proof that i own the place could do any harm, i gave them these documents and asked for a copy of the bilaws...forgive the length but this is what it said:
___________part of bi laws______________________
transfer of membership.
Except as provided herein, membership shall not be transferable and, in any event, no membership shall be made upon the books of the Corporation withing the ten days next preceding the annual meeting of the members. In all transfers of membership, the corporation shall be entitled to a fee it deems appropriate to compensate it for the processing of transfer.
death of member
If, upon the death of a member, his immediate family, such distributee or distributees may, by assuming in writing the terms of the Occupancy agreement within 60 days after such member's death, paying all the amounts of due thereunder, become a member or members of the corporation. If a member dies and the terms of the occupancy agreement are not assumed in accordance with the foregoing, then the manner provided in section () of this article, written notice of death being the equivalent to notice of intention to withdraw from the membership in the corporation....(goes on about how they would sell the unit)
_____________________________________________________________
oh damn i just gave written notification, the death certificate, and i still need to clean out the unit, which is still my home, and to paint and put it up for sale....i go back and drop off a written notice stating i will assume membership as stated under the provision on death of a member and they should send all paperwork and a bill for whatever is owed.
Now i know they want me to apply and give them all the powers of yay or nay and i can understand that but my husband is working on getting a 4 year old arrest for domestic violence expunged. It was his only arrest and the matter was dropped but none the less i know from tales from neighbors they would turn down an application with such an arrest. It takes five months to finish expunging this. I told them i intended to clean out and sell i see no reason to go through that embarrassment.
They sent me a notice of termination of right of occupancy rather than a copy of the Occupancy Agreement. The manager said she was consulting the lawyer, surely the bi laws of a corporation trump the managers desires.
How do i get the courts to stop her actions, I really only need a few months to get this place sorted out but i really need those months.
My mother was sick for quite a while and she owned a co op, she has been living here for 40 years. I moved back in with her in the last 6 months or so of her illness, she died at home.
Anyways, i informed the coop management right off that she had died and i told them that it would take several months to clear the place out (longer than i imagined really) but they were not helpful at all about what to do about the co op.
The next rent is due and i gave them a check which they mailed back to me weeks later stating this was due to illegal occupancy. I go and ask what they want and they said i had to apply and give them money to have me investigated and i needed to give them a copy of the small estate affidavit and a death certificate. I was really uneasy at them not particularly understanding the situation.
Not thinking the death certificate and proof that i own the place could do any harm, i gave them these documents and asked for a copy of the bilaws...forgive the length but this is what it said:
___________part of bi laws______________________
transfer of membership.
Except as provided herein, membership shall not be transferable and, in any event, no membership shall be made upon the books of the Corporation withing the ten days next preceding the annual meeting of the members. In all transfers of membership, the corporation shall be entitled to a fee it deems appropriate to compensate it for the processing of transfer.
death of member
If, upon the death of a member, his immediate family, such distributee or distributees may, by assuming in writing the terms of the Occupancy agreement within 60 days after such member's death, paying all the amounts of due thereunder, become a member or members of the corporation. If a member dies and the terms of the occupancy agreement are not assumed in accordance with the foregoing, then the manner provided in section () of this article, written notice of death being the equivalent to notice of intention to withdraw from the membership in the corporation....(goes on about how they would sell the unit)
_____________________________________________________________
oh damn i just gave written notification, the death certificate, and i still need to clean out the unit, which is still my home, and to paint and put it up for sale....i go back and drop off a written notice stating i will assume membership as stated under the provision on death of a member and they should send all paperwork and a bill for whatever is owed.
Now i know they want me to apply and give them all the powers of yay or nay and i can understand that but my husband is working on getting a 4 year old arrest for domestic violence expunged. It was his only arrest and the matter was dropped but none the less i know from tales from neighbors they would turn down an application with such an arrest. It takes five months to finish expunging this. I told them i intended to clean out and sell i see no reason to go through that embarrassment.
They sent me a notice of termination of right of occupancy rather than a copy of the Occupancy Agreement. The manager said she was consulting the lawyer, surely the bi laws of a corporation trump the managers desires.
How do i get the courts to stop her actions, I really only need a few months to get this place sorted out but i really need those months.
