Dear HDFC Shareholder:
If you are an HPD supervised Housing Development Fund Corporation you may not be allowed to change the method for voting without HPD approval. HPD determined in relation to East Midtown Plaza, that supervised cooperatives vote on the basis of apartments and not share allocations.
If the Certificate of Incorporation in your HDFC contains the same language as contained in the Certificate of Incorporation for East Midtown Plaza to the affect that shareholders: "shall be entitled to one vote at any and all meetings of stockholders for any and all purposes regardless of the number of shares held by such holder, except as otherwise provided by statute...", then as the Court of Appeals ruled, the Certificate of Incorporation controls the voting as one vote per apartment.
Amending the standard HPD Proprietary Lease and By Laws, will not affect the Certificate of Incorporation.
You may want to consult with an attorney to review your corporate documents.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.Ask a similar question