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And in most cases, Mr. Nihamin said, the co-op board cannot be required to perform work in the building, including in common areas, unless there is a provision in the lease or bylaws making it do so.
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Mike Slive, the S.E.C. commissioner, said conference bylaws made clear that "coaches, players and support personnel shall refrain from public criticism of officials".
To compound that problem, Mr. Schechter said, most condo bylaws make the board get the consent of a majority of the unit owners before exercising the right of first refusal.
In the long run the case stands for making bylaws clear and updating them.
(Much to my disappointment, Toronto enacted a bylaw this past summer making it illegal to smoke on patios. You can still smoke like a foot away from where your friends are sitting, but if there's an enclosure of some sort, you gotta be on the outside of it).
Should we amend our bylaws to make sure that owner-occupancy is always above 50 percent?
A It is legal, and amending the bylaws probably makes sense, said Matthew J. Zangwill, a real estate lawyer in Uniondale.
"The board of managers may be authorized by the bylaws to make rules and regulations and to enforce them," he said.
It also rewrote its bylaws to make such a takeover attempt more difficult in the future, a move Mr. Icahn has said he will challenge in court.
Hoping to avoid the worst, union leaders have enacted new bylaws to make it easier for a majority to approve the package in a second vote.
Dennis H. Greenstein, a Manhattan real estate lawyer, said that condos considering amending the bylaws to make it easier to exercise the right of first refusal should move cautiously.
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CEO of Professional Science Editing for Scientists @ prosciediting.com