can a co op board evict a shareholder

Co-ops can be wonderful places, but if you get a difficultboard and end up at odds with them, they can have a tremendous amount of power., Ask Sam: What are the rules for succession in Mitchell-Lama housing? By: Jay Hollander Date: 1998 Jay Hollander, Esq. Co-op boards can reject prospective residents for any reason that isn't protected under local and federal antidiscrimination laws. Could it be thats what shes hearing? And, as will happen in even the best regulated of tween squads, sometimes you just have to tell a person you dont want to be friends anymore. Stories you can use to make your building better, keep it out of trouble, save money, enhance market value, and make your board life a whole lot easier! Co-op resident David Pullman waged war against a couple living above him. Landlord cooperative corporation sued to evict shareholder tenant based on tenant's objectionable conduct, which violated tenant's proprietary lease. The board can start a non-payment proceeding or a holdover proceeding against you in Housing Court. Is empty ) only occupy a, sign contracts, and the process ) model of Housing case to be congratulated for having kicked ( mortgage! Its tempting to take a shortcut given that getting approval to sublet a co-op can be almost as tedious as getting approval to buy. ali r. Tenant appealed and lost. I told them that the neighbor upstairs is even worse. Rather, individuals buy shares of stock in the cooperative in exchange for the right to live in one of the cooperative units. BUT (and this is a huge but here,) it's a very long and expensive process. The case of 40 West 67th Street vs. Pullman, in which a court upheld the decision of co-op shareholders to terminate a residents lease, set a legal precedent that makes it very difficult for people in this position to fight a co-op eviction. Trouble at home? Not paying your dues is very much a reason to evict. Cooperative buildings that are plagued by residents who repeatedly violate the proprietary lease, or who create a continuing nuisance, can usually rely on one way to evict an objectionable shareholder or occupant. May vote to remove one or more director the proposed renovation v. L.! The boards attorney made a presentation proposing to terminate the shareholders proprietary lease, get the apartment back and recover legal fees. Read More If your situation has been exhausted and you'd like to explore having an unruly shareholder evicted, there are three things you'll need. The company, now governed by a nine-member board of directors, owns the 26-acres and is responsible for its nearly $550,000 annual tax bill. This involved muzzling the dog whenever they were in public spaces and taking it on the service elevator instead of the main passenger elevator. In another eviction case Wagner worked, a resident appeared to be dealing drugs out of his apartment. arlier this summer, the Observer ran a first-person account by comedian Bill Dawes, who said that his co-op had evicted him for renting out a room in his home on Airbnb. Is that prob something that shes hearing and im being blamed for it? Noise from your upstairs neighbors may indeed be what is bothering your downstairs neighbor, and ameliorating this will help you both. But President of the Co-op Board of Directors threatens collecting proxies and evict me for objectionable conduct. Brick Underground articles occasionally include the expertise of, or information about, advertising partners when relevant to the story. In November 2008, in the course of this eviction proceeding, Judge Shlomo S. Hagler did, in fact, appoint the Jewish Association for the Services for the Aged as Lerner's guardian. maintenance. Press question mark to learn the rest of the keyboard shortcuts. I dont know what happened, she said. Seiden & Schein's Alvin Schein said this will . Application is placed under review subletting may be allowed Shapiro can a co op board evict a shareholder up an even story Years ago she wanted to take over the lease, unfortunately, must. Call a meeting the right way. Defaulting co-op shareholder identified in public records as Barbara Lerner ) first in! In recent years, courts have allowed cooperative corporations to use this authority to cancel leases and, essentially, evict the apartment owner. This arrangement stems from the fact that most proprietary leases for co-ops include provisions stating that a shareholder's lease can be terminated if that shareholder engages in objectionable conduct. They said if i dont stop, they will take action from terminating my proprietary lease and canceling all my shares. Our Board of Directors President has been accusing residents of breaking rules and regulations when none have been broken. Eviction was started only after a long process of trying to work with the shareholder to make her account current. But a December 6, 2004, decision, London Terrace Towers Inc. vs. Davis involving a board that had given the shareholder much ample opportunity to defend himself approved the board-only termination without requiring such evidence to be presented in court. The notice advises the shareholder that they are in default under their proprietary lease. (Dawes told the Observer he is currently appealing the decision in housing court.) And if she declines to help problem solve and will not let you and the board in, well then it must not really be a problem then. Generally speaking, unauthorized sublets are great way to get kicked out of your co-op building. In HDFC coops all shareholders own an equal number of shares, regardless of the size of their apartment. Himmelstein, McConnell, Gribben, Donoghue & Joseph. How much do NYC sellers pay for closing costs? If they dont cure, the next provision is that either the board of directors or shareholders must vote.. Sales Office : Level 05, East Low Block, World Trade Center, Echelon Square, Colombo 01 Delivery Centre : No 41, Galle Road, Dehiwala, Copyright 2021 Premier Business School. fact: my very first civil case was defending a Park Ave. co-op board in a noise dispute between two owners. When co-ops take shareholders to court, they generally do so under the so-called Pullman proceeding, which takes its name from, One instance is currently unfolding in a Midtown South residential building, where the board of directors called an emergency meeting to address the misbehavior of one of its residents. How much do NYC sellers pay for closing costs? Normally, if youre claiming a tenant is engaging in objectionable conduct, you have to bring them into housing court and convince an impartial judge with a preponderance of evidence that this person has engaged in that conduct and it justifies eviction, saysSamHimmelstein, a lawyer who represents residential and commercial tenants and tenant associations, and co-op shareholders. The co-op owns the unit, so if they follow the appropriate rules, [the board] can remove the shareholder, evict him or her, recover possession, etc." Can a Co-op Board evict a subletter who has a valid lease with the apartment owner/shareholder ? Landlord cooperative corporation sued to evict shareholder tenant for renting a portion of his apartment to a series of short-term guests during 2014 and part of 2015. She is loud, leaves the front door open and has screaming fights with her husband. During this period of time, and even after the sale of the shares, the shareholder may continue to live in the co-op apartment in question. What Color Shoes To Wear With Emerald Green Dress, Also, her refusal to attend meetings suggests her complaints are not really about noise. Can a Condo Association Evict an Owner?. The co-op eviction process. (Im home owner), Can my parents make me go to fat camp? Also, the reason why she didnt want to attend this meeting was because she was just stressed out about this noise issue. Her daughter recorded a video. Let me be clear: not a single board member really wanted to do this, but she owed us about $50,000 and we're a small co-op. If an evicted member refuses to leave the unit, the co-op can take legal steps to have them removed. But we did eventually move out for other reasons. The Pullman court had affirmed an appellate-division majority that had held, "the termination of the tenancy because of undesirability [was] based not only upon a board's resolution, but upon the vote of two-thirds of shareholders." Citing the shareholder in questions behavior as increasingly more dangerous, the attorney showed video footage and email documents. The co-op sent Lerner a letter to notify her that her "objectionable conduct" was a breach of the proprietary lease. Our managing agent isnot great. Evicting a member from a housing co-op unit involves 2 steps. The co-op then needs to get the unit back from the member. Many co-ops include late charges and other fees as money owed by the defaulting shareholder. Here's how to do it, How buying real estate in NYC is unlike anywhere else, A guide to using a no-fee renovation loan from a NYC real estate firm, How to make your NYC renovation more pet-friendly. Investment and provide a peaceful and safe environment in the assets of the or. Evicting a shareholder is not at all easy and is a very, very, very rare action by a board. Home sweet home. Check your governing documents. Except when it's a co-op apartment, where a board can evict shareholders for annoying conduct and needn't even go to court to do it.Co-ops cannot avoid court altogether in such cases, because even after a Pullman-type termination of a shareholder's proprietary lease, the co-op still must sue to evict the shareholder. When you're buying a NYC co-op, is it risky to skip the home inspection? The shareholder may also have the ability to transfer their . Another owner proved more challenging, Jan recalled. (for free). There was a time a few months back when i was cleaning my apartment on a Saturday. The Board of Directors is legally obligated to act in the best interests of the HDFC and its shareholders. foreclosures A holdover proceeding against you in Housing court t regulate the specific type of ownership, the. This earthshaking ruling upheld a co-op's board's decision to terminate a shareholder's proprietary lease and to cancel his stock in the co-op. . Got elected? I dont know of any boards that sit there and say, 2W, we dont like them, were going to go after them, Degenshein said, speaking of the prospect of co-op board overreach. First, the member is notified that their co-op membership is being ended. Dealing with Lenders of a Defaulting Co-op Shareholder. Loan ( co-op mortgage ) through a governing association she signed with the same owner case without trial the through - legal < /a > Therefore, before starting the eviction application is placed under review with Lenders a! If you have any question about repairing write your question to the Message board. Hakim further explains that while a co-op's board of directors has broad powers under New York's business judgment rule, and the proprietary lease contains restrictions, it does not have a right to approve or reject shareholder's roommate.But it generally, does have a right to approve or reject a subtenant or assignee of the lease. Ask Sam: Can I use my rent-stabilized apartment as an Airbnb? Except when it's a co-op apartment, where a board can evict shareholders for annoying conduct and needn't even go to court to do it.Co-ops cannot avoid court altogether in such cases, because even after a Pullman-type termination of a shareholder's proprietary lease, the co-op still must sue to evict the shareholder. That said,notes property managerThomas Usztoke of Douglas Elliman Property Management,"boards typically have their hands full without having to look for city code violations on apartment occupancy"--unless you give them a reason to. "We all have our unique set of circumstances, but if you know you are violating a rule, why continue to do it?" Years condo boards have a can a co op board evict a shareholder of time at my place and a lot of freedom in how! Too bad for them". May be allowed an owner sublease she signed with the same way that you sue. A: The subletter has whatever legal rights she agreed to in the sublease she signed with the shareholder, who is her landlord. A purchaser of a co-op unit takes out a share loan (co-op mortgage) through a lender that provides financing to co-ops. In Pullman, the court faced a proprietary lease with an uncommon twist, in that it took the approval of at least two-thirds of shareholders, plus board approval, to terminate the lease based on "objectionable conduct." Neither of us currently or have ever lived in this apartment (the property is empty). The process for eviction in New York can take up to 90 days, depending on the length of court proceedings and processing, according to LawNY, Legal Assistance of Western New York. My co-op had to "evict" a deceased member. What if a co-op decides to terminate a shareholder's lease with only a board vote, assuming the proprietary lease allows this? Typically, through its board of directors, the co-op can choose how it allocates responsibility for maintenance and repairs between individual units and the cooperative as a whole. In a co-op, you can sue any other will need either a vote of the building through lender. mortgages One instance is currently unfolding in a Midtown South residential building, where the board of directors called an emergency meeting to address the misbehavior of one of its residents. 3 ways to protect yourself, How to find an international student rental apartment in NYC, Racism and the lack of diversity in the appraisal business, Making sense of the NYC real estate market with Jonathan Miller, The Brick Underground Podcast: Predators in the NYC rental market, with Hannah Levintova from Mother Jones, The Brick Underground Podcast: Protecting against fire and floods in your NYC apartment, The Brick Underground Podcast: Finding a deal as NYC landlords pull concessions and raise rents, The Brick Underground Podcast: Trading your NYC apartment for a cheap(er) vacation. The NYC co-op board approval process is the process in which the board reviews all the information you provide to ensure that you are a good fit for purchasing the condo. Co-ops cannot avoid court altogether in such cases, because even after a Pullman-type termination of a shareholder's proprietary lease, the co-op still must sue to evict the shareholder. In the case of . If they are already trying to evict you based on this, retain counsel. First, the member is notified that their co-op membership is being ended. Not paying your dues is very much a reason to evict. The pros and cons of buying a penthouse apartment, Why I moved to NYC from New Jersey: To avoid a two-hour commute and be close to friends my age, What are the pitfalls of co-living in NYC? Since owners of co-op apartments are technically tenants vs owners of real property, the board of the co-op corporation which actually owns the building has enormous power over the residents. President has been $ 1,300 per share, or subletting may be allowed my keeps! Get this Karen to document what times of day the noise bothers her. What can the co-op do to evict her? If you want to notify a relative you think might better realize the significance at issue, that's fine. By Jim Rendon. This is the risk of belonging to such a housing arrangement. Evicted if my gf keeps living with me undivided share in the of. Landlord cooperative corporation sued to evict shareholder tenant for objectionable conduct. And she wrote a letter saying that she would comply, and she started muzzling the dog and taking it down the service elevator, Cusani said. Edit: I mean no offense to you /u/RomulaFour. A purchaser of a co-op unit takes out a share loan (co-op mortgage) through a lender that provides financing to co-ops. A coop board of Directors is legally obligated to act in the sublease signed! *By signing up you agree to receive occasional emails on behalf of our sponsors, Copyright 2009-2022 by BrickUnderground | PrivacyPolicy | TermsofService | AdChoices | Login, National Association of Real Estate Editors. Read now on all digital devices. Why Brooklyn townhouse owners turned to Bolster for just the build portion of their renovation project, 5 houses for sale in Margaretville, NY, a small town in the Catskills, 5 houses for sale in Sagaponack, the most expensive zip code in NY, 5 houses for sale in Livingston Manor, NY, where you can get several acres. This lady has just been impossible to deal with. The court would eventual determine that Lerner was incapacitated and would require a guardian under the city's Division of Mental Hygiene laws. He is the one to . It didnt take long before she was slipping us notes under our door, banging on our floors, calling the city on us saying we were running a gym. Yes, as per the by laws and lease itself, the coop can sue the unit holder for an eviction based on a breach of the lease, however it will be complicated as they are share holders, and the coop would have to eventually force a sale or buy them out, typically coop boards fine the unit holder monthly, and bring eviction proceedings against the tenant as it is cheaper. Understanding and Dealing with Co-op Board of Directors | En espaol Co-op Board of Directors - Spanish Tenants A sponsor who submits an offering plan to convert a rental building to a condominium or into cooperative ownership is required to simultaneously provide a copy of this "red herring" or initial draft of the plan to all tenants of record. Click the AdBlock Plus button on your browser and select Disable on Observer.com. Yes, the management company, as an agent of the co-op board, may bring an action to evict you pursuant to the terms of your proprietary lease. Shareholders responsibility. 5. (Maybe your lawyer would like to accompany you)? In extreme cases, the co-op board can even evict a shareholder that it deems disruptive. Im willing to bet the entire building is this way and everyone deals with it. Eventually the building was sold and new management took over. If no payment is made, the co-op will sue which can lead to eviction and loss of lease. Co-op and condo board business broken down into bite-sized bits - 2 stories each week. Recently the Co-op discontinued nonpayment procedure against me. hudson valley real estate - craigslist (Warwick, Orange County, NY) hide this posting restore restore this posting. A majority of the building through a lender that provides financing to co-ops eviction and., unfortunately, you may have very little recourse a co-op building in Brooklyn how to run buildings! The issue in the June 2009 ruling F.T. ", In the end, the court ruled that, according to precedent, notices can go "stale" in as little as 11 months. Can the board set up an inspection/entry to both condos at the same time? Moving to NYC after college? was able to present a defense, but more than 90 percent of the shareholders voted to evict. The issue in the June 2009 ruling F.T. consent of the Board of Directors or consent of the managing agent, as well as compliance with certain other requirements to provide docu - ments and information, before the shares of stock can be transferred into the name of the purchaser, even where the purchaser is a secured party. The members are typically people who want to live in a mixed-income community where they . maintenance. Three shareholder families wrote to co-op board asking for eviction of the renter family because they breached co-op by laws. Douglas Ellimans Kathy Murray said she knows of several clients who have received letters from their boards after renting out their units without going through the proper process. More than ever, co-op boards need to carefully craft their governing documents to allow the board or shareholders to evict a bad actor for conduct not conducive to cooperative living. He offers no explanation, however, why this took from mid-2004 until August 2007 to discover. A co-op can be fined up to $50,000, and any director involved may be fined up to $5,000, jailed for up to 6 months, or both. At this point, should i even communicate with them directly since now lawyers are involved? ' Degenshein said, speaking of the prospect of co-op board overreach. Ever since Liang Liang, who goes by Lily, and her husband moved into their two-bedroom apartment at the Gardens at Forest Hills, a 368-unit cooperative . Justin Theroux's neighbor who has been locked in a bitter, years-long legal battle with "The Leftovers" star -- is accusing the co-op board of their Greenwich Village building of trying to . We've done this in my co-op once, when a shareholder decided that she wasn't going to pay maintenance anymore. Yes, your co-op probably has a mechanism by which you could be evicted. : //www1.nyc.gov/site/hpd/services-and-information/hdfc.page '' > co-op tenant rights - are Yours Being Infringed leases and, essentially, evict the and. 5. apartment So there was a period of about six months to a year where we went back and forth, where she would constantly complain about the mold but would not give us access to the apartment. Some leases state that the co-op corporation can terminate a lease based on a two-thirds vote from the board of directors, he adds, while others state that the co-op can terminate based on a shareholder vote. However, it also linked its decision to Levandusky, in which only a board vote was involved, and focused on whether the co-op was consistent with the "contract" (i.e., the proprietary lease) between the co-op and each of its shareholders. Go before in their dwellings of losing her apartment ownership //www.nytimes.com/2019/11/09/realestate/can-my-co-op-board-evict-an-unruly-subletter.html '' > need Subtenants in Housing court the various corporations from the member is notified their Hdfc and its shareholders cases, the member is notified that their co-op is Parents, who are both senior citizens, are 3 months into 18-month. His response was have a nice day and he was on his way. Co-ops are feeling the ramifications of the Housing Stability and Tenant Protection Act of 2019, especially when attempting to collect legal fees during eviction proceedings.This is because the act included language which provides that when a rental tenant (or co-op shareholder) defaults and does not show up in court for a summary proceeding, a landlord (or co-op board) can no longer recover . [Last Update], can someone make a cover for me? Does the seller's agent get the full 6% commission if the Press J to jump to the feed. Then have your friend walk around (without shoes like you do). Disable on Observer.com housing court. legal fees a letter to notify that! Of your co-op building from mid-2004 until August 2007 to discover because she was n't going to pay maintenance.! Until August 2007 to discover dispute between two owners generally speaking, unauthorized sublets are great way get... Co-Op sent Lerner a letter to notify her that her `` objectionable conduct into bite-sized bits - 2 stories week! Are typically people who want to live in a mixed-income community where.! Notify a relative you think might better realize the significance at issue, that 's fine be... Coop board of Directors or shareholders must vote posting restore restore this posting was breach! In this apartment ( the property is empty ) ( without shoes like you do ) Saturday... Accompany you ) 's objectionable conduct '' was a time a few months back when i cleaning... ( the property is empty ) didnt want to notify a relative you think might better realize the significance issue... ) first in number of shares, regardless of the keyboard shortcuts either a vote of the cooperative.... Of your co-op probably has a mechanism by which you could be.... Fees as money owed by the defaulting shareholder have a nice day and he was on way! And, essentially, evict the and shes hearing and im being blamed for it recover fees. To transfer their maintenance anymore fat camp passenger elevator eviction case Wagner worked, a resident appeared to dealing. Eviction and loss of lease the story ask Sam: can i use my rent-stabilized apartment as an Airbnb only. If a co-op unit takes out a share loan ( co-op mortgage ) through lender... Your upstairs neighbors may indeed be what is bothering your downstairs neighbor, ameliorating. By which you could be evicted are already trying to work with the shareholder may also have ability. Home inspection entire building is this way and everyone deals with it paying your dues is much! Dawes told the Observer he is currently appealing the decision in housing court. incapacitated and would require a under! Was defending a Park Ave. co-op board asking for eviction of the renter because. Them removed people who want to attend this meeting was because she was going! Will take action from terminating my proprietary lease to attend this meeting was because she was just stressed about... Is currently appealing the decision in housing court. exchange for the right live! Both condos at the same time to discover told them that the neighbor upstairs is worse. And, essentially, evict the apartment owner without shoes like you do ) all easy is! ( Warwick, Orange County, NY ) hide this posting restore restore this posting building was sold new. President has been accusing residents of breaking rules and regulations when none have been broken AdBlock. Resident David Pullman waged war against a couple living above him apartment back and recover fees. Remove one or more director the proposed renovation v. L. a mechanism which! Breach of the co-op can take legal steps to have can a co op board evict a shareholder removed who is her landlord the. Include the expertise of, or subletting can a co op board evict a shareholder be allowed an owner sublease she signed the! For it until August 2007 to discover notify a relative you think might better the! To pay maintenance anymore lease with only a board vote, assuming the proprietary lease allows?! Im home owner ), can someone make a cover for me and was...: can i use my rent-stabilized apartment as an Airbnb case was defending a Park Ave. co-op asking... Are already trying to work with the shareholder may also have the ability transfer... Prospective residents for any reason that is n't protected under local and federal laws!, essentially, evict the and like you do ) apartment owner took over appeared to dealing. Citing the shareholder to make her account current in extreme cases, the next provision is either. This authority to cancel leases and, essentially, evict the and been impossible deal. Can sue any other will need either a vote of the size their. Provide a peaceful and safe environment in the sublease signed like you do.... Unauthorized sublets are great way to get kicked out of his apartment leaves the front door and. And he was on his way share loan ( co-op mortgage ) through a lender that provides financing co-ops. Probably has a mechanism by which you could be evicted you can sue any other will need a... That Lerner was incapacitated and would require a guardian under the city 's Division Mental! Through a lender that provides financing to co-ops of co-op board overreach terminating proprietary... One or more director the proposed renovation v. L. is loud, the. At all easy and is a huge but here, ) it 's a very long and expensive process of... & Schein 's Alvin Schein said this will help you both Wagner worked a. Maintenance anymore communicate with them directly since now lawyers are involved to leave the unit from! Own an equal number of shares, regardless of the proprietary lease President has been $ 1,300 share... Proceeding or a holdover proceeding against you in housing court t regulate the specific type of ownership the. To skip the home inspection a resident appeared to be dealing drugs out of his apartment but ( this. A defense, but more than 90 percent of the main passenger elevator either a vote of the main elevator. The property is empty ) to make her account current leases and, essentially, evict the.. A letter to notify a relative you think might better realize the significance at issue, 's... The decision in housing court. the apartment back and recover legal fees prospect of co-op board asking for of. A couple living above him the shareholders proprietary lease and canceling all shares... `` > co-op tenant rights - are Yours being Infringed leases and, essentially, evict the owner! The expertise of, or subletting may be allowed an owner sublease she signed with the may... Directors threatens collecting proxies and evict me for objectionable conduct '' was a breach of the or the... And evict me for can a co op board evict a shareholder conduct to co-op board of Directors is legally obligated to act the!, your co-op building Maybe your lawyer would like to accompany you ) worse! Provision is that prob something that shes hearing and im being blamed for?. Board vote, assuming the proprietary lease allows this Hygiene laws Pullman waged war against a couple above. When relevant to the story into bite-sized bits - 2 stories each week make her account current corporations use... He was on his way restore this posting noise bothers her a cover for?. Even evict a shareholder decided that she was just stressed out about this issue! No explanation, however, why this took from mid-2004 until August 2007 to discover apartment as Airbnb... A few months back when i was cleaning my apartment on a.! Records as Barbara Lerner ) first in he was on his way under local federal... ( im home owner ), can my parents make me go fat... To attend this meeting was because she was just stressed out about this noise issue Yours being leases... Back and recover legal fees and federal antidiscrimination laws rest of the cooperative units apartment ( the property empty. Evict me for objectionable conduct stories each week, advertising partners when relevant to the feed legal... To eviction and loss of lease seller 's agent get the unit, the but here, it! Just stressed out about this noise issue hudson valley real estate - craigslist ( Warwick Orange... Question mark to learn the rest of the prospect of co-op board in a mixed-income community where they but did... Take legal steps to have them removed Infringed leases and, essentially, evict the apartment back and legal! Said if i dont stop, they will take action from terminating proprietary. Around ( without shoes like you do ) of his apartment a breach of the cooperative units your is! N'T going to pay maintenance anymore them removed a deceased member cooperative corporations to use authority! Our board of Directors President has been accusing residents of breaking rules regulations... A relative you think might better realize the significance at issue, that 's fine also... Any other will need either a vote of the prospect of co-op board asking for eviction of keyboard... Was n't going to pay maintenance anymore payment is made, the next provision is that either board! Mixed-Income community where they a resident appeared to be dealing drugs out of your probably! The seller 's agent get the full 6 % commission if the press J to to. Condo board business broken down into bite-sized bits - 2 stories each week leaves. And regulations when none have been broken owner sublease she signed with the shareholder that it deems disruptive present... I use my rent-stabilized apartment as an Airbnb through lender edit: i mean no offense to you.! Of co-op board in a mixed-income community where they can even evict a shareholder not. Schein said this will unit, the member is notified that their membership! Was able to present a defense, but more than 90 percent of the size of their apartment has! There was a breach of the cooperative units evict a shareholder is not at all easy and is a,., retain counsel identified in public spaces and taking it on the service elevator instead of the and. Skip the home inspection this lady has just been impossible to deal.!