Can illegal immigrant become a co-op board president?

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Can illegal immigrant become a co-op board president?

I live in a co-op where the president is an undocumented immigrant. He said that no one asked him about his status. He also dismissed the management we had and with the treasurer put all money under co-op name but with him and the treasurer as the beneficiaries. I tried to find by-law of our co-op but no one who lives here has

one. I have to wait until the board print one out. Is these all legal?

Asked on June 10, 2019 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unless barred by the co-op bylaws, it is legal. Illegal immigrants can own property in or invest in the United States--their immigration status does not affect that. Therefore, they can be co-op owners and, if owners, can be board president.
That said, making himself and the treasurer beneficiaries fo the co-op's money likely illegal on several grounds: a violation of fiduciary duty, a violation of co-op law, possibly a form of theft. 


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