Bill Text: NY A03254 | 2019-2020 | General Assembly | Amended
Bill Title: Enacts a bill of rights for owners of residential condominium units to provide fair and equitable treatment of all unit owners; directs the attorney general to promulgate a handbook summary of the rights of unit owners vis-a-vis condominium associations and the procedures and processes available to unit owners to enforce such rights.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A03254 Detail]
Download: New_York-2019-A03254-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3254--A 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. CYMBROWITZ -- read once and referred to the Committee on Housing -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law and the business corporation law, in relation to enactment of a residential condominium and cooper- ative owner's bill of rights The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 352-eeeee to read as follows: 3 § 352-eeeee. Residential condominium owner's bill of rights. The 4 organizational and operating documents of every residential condominium 5 established or operating pursuant to the laws of the state shall guaran- 6 tee the following to each unit owner: 7 1. That (a) all applications by unit owners in connection with matters 8 which require approval of the board of managers and (b) all requests for 9 determinations by the board of managers including but not limited to 10 requests for the resolution of disputes between or among unit owners, 11 disputes between unit owners and the condominium association such as 12 disputes concerning responsibility for repairs shall be processed in a 13 reasonably expeditious manner pursuant to uniform procedures and timeta- 14 bles adopted in writing. The board's decision shall be in writing and 15 shall set forth the reasons therefor, except that no reason shall be 16 required when approval is granted. 17 2. That the final results of elections for the board of managers 18 including a tally of the votes received by each candidate shall be post- 19 ed within one business day following the availability of such informa- 20 tion in a prominent place accessible to all unit owners in each building 21 comprising the condominium. 22 3. That the board of managers shall call a meeting to fill any vacan- 23 cies which occur on such board within sixty days of the occurrence of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07407-02-9A. 3254--A 2 1 such vacancy if the vacancy occurs more than six months prior to the 2 annual meeting of unit owners. 3 4. That any member of a board of managers who is elected while a unit 4 owner in the condominium, who sells his or her apartment, and who, 5 subsequent to such sale shall no longer be a unit owner in such condo- 6 minium, shall resign from such board no later than the closing date of 7 such sale. 8 5. That complete and accurate financial statements and any other 9 statements ordinarily provided to unit owners be provided in a timely 10 fashion pursuant to established timetables at least once annually. For 11 the purposes of this subdivision "financial statements" shall include 12 the balance sheets and statements of income and expense for each of the 13 three most current fiscal years. Attached to said financial statements 14 shall be a statement which discloses (a) any controlling interest or 15 employee or agency relationship which any board member or officer of the 16 condominium association or the spouse of such person has in or with any 17 supplier of services or materials to said condominium and (b) any 18 consideration the value of which exceeds one hundred dollars which any 19 such board member or officer or the spouse of such person receives from 20 such supplier. 21 6. That the following documents be made available for inspection or 22 copying, by any reasonable electronic or physical means including camera 23 or photocopier, by unit owners during regular business hours on no more 24 than ten days written notice to the board of managers: 25 (a) approved minutes of board of managers meetings, provided that such 26 board shall have thirty days from the dates of the meetings at which the 27 minutes are approved to prepare such minutes and provided further that 28 the board may exclude matters which it deems confidential or which were 29 discussed in executive session; 30 (b) detailed, accurate records, in chronological order, of the 31 receipts and expenditures arising from the operation of the property; 32 (c) bank account and financial investment statements; 33 (d) all proposals received in response to a request for bids to 34 provide goods or services to the condominium the cost of which is 35 reasonably expected to exceed five thousand dollars in any one year. 36 Such documents shall be made available within ten days of receipt unless 37 the board chooses to conduct closed competitive bidding in which case 38 the documents shall be made available within ten days of the selection 39 of the successful bid; 40 (e) reports of accountants, consultants and experts retained or hired 41 to perform services for or on behalf of the association including finan- 42 cial statements as defined in subdivision five of this section provided, 43 however, that such reports may be withheld when a majority of the 44 members of the board has voted to withhold such information. When the 45 matter concerns alleged conflict of interest or malfeasance involving 46 board members the report may be withheld only upon a vote of the majori- 47 ty of disinterested board members. If all board members are interested 48 parties the report may not be withheld; 49 (f) reports by municipal and/or county inspectors concerning compli- 50 ance with health, building and housing codes and regulations; and 51 (g) the records of decisions by the board of managers to exclude or 52 withdraw materials pursuant to paragraph (a) or (e) of this subdivision. 53 Such records shall be prepared in every instance that materials are 54 withheld or excluded. The record shall include the general nature of the 55 materials and the reason for withholding or excluding same.A. 3254--A 3 1 7. That in addition to any other notice required by the condominium 2 association's organizational or operating documents, notice of all board 3 and unit owner meetings shall be posted in a prominent place accessible 4 to all unit owners in each building comprising the condominium. 5 8. The attorney general is authorized to enforce the provisions of 6 this section and may, upon his or her own initiative, or in response to 7 a complaint by one or more unit owners, investigate allegations of any 8 failure to comply with the provisions hereof. 9 § 2. The business corporation law is amended by adding a new section 10 708-a to read as follows: 11 § 708-a. Residential cooperative owner's bill of rights. 12 (a) For the purposes of this section, the term "cooperative" shall 13 mean a corporation owning or leasing residential premises and operating 14 the same on a cooperative basis. 15 (b) (1) The organizational and operating documents of every residen- 16 tial cooperative established or operating pursuant to the laws of the 17 state shall guarantee the following to each shareholder: 18 (2) That (i) all applications by shareholders in connection with 19 matters which require approval of the board of directors and (ii) all 20 requests for determinations by the board of directors including but not 21 limited to requests for the resolution of disputes between or among 22 shareholders, disputes between shareholders and the board such as 23 disputes concerning responsibility for repairs shall be processed in a 24 reasonably expeditious manner pursuant to uniform procedures and timeta- 25 bles adopted in writing. The board's decision shall be in writing and 26 shall set forth the reasons therefor, except that no reason shall be 27 required when approval is granted. 28 (3) That the final results of elections for the board of directors 29 including a tally of the votes received by each candidate shall be post- 30 ed within one business day following the availability of such informa- 31 tion in a prominent place accessible to all shareholders in each build- 32 ing comprising the cooperative. 33 (4) That the board of directors shall call a meeting to fill any 34 vacancies which occur on such board within sixty days of the occurrence 35 of such vacancy if the vacancy occurs more than six months prior to the 36 annual meeting of shareholders. 37 (5) That any member of a board of directors who is elected while a 38 shareholder in the cooperative, who sells his or her apartment, and who, 39 subsequent to such sale shall no longer be a shareholder in such cooper- 40 ative, shall resign from such board no later than the closing date of 41 such sale. 42 (6) That complete and accurate financial statements and any other 43 statements ordinarily provided to shareholders be provided in a timely 44 fashion pursuant to established timetables at least once annually. For 45 the purposes of this paragraph "financial statements" shall include the 46 balance sheets and statements of income and expense for each of the 47 three most current fiscal years. Attached to said financial statements 48 shall be a statement which discloses (i) any controlling interest or 49 employee or agency relationship which any board member or officer of the 50 cooperative board or the spouse of such person has in or with any 51 supplier of services or materials to said cooperative and (ii) any 52 consideration the value of which exceeds one hundred dollars which any 53 such board member or officer or the spouse of such person receives from 54 such supplier. 55 (7) That the following documents be made available for inspection or 56 copying, by any reasonable electronic or physical means including cameraA. 3254--A 4 1 or photocopier, by shareholders during regular business hours on no more 2 than ten days written notice to the board of directors: 3 (i) approved minutes of board of directors meetings, provided that 4 such board shall have thirty days from the dates of the meetings at 5 which the minutes are approved to prepare such minutes and provided 6 further that the board may exclude matters which it deems confidential 7 or which were discussed in executive session; 8 (ii) detailed, accurate records, in chronological order, of the 9 receipts and expenditures arising from the operation of the property; 10 (iii) bank account and financial investment statements; 11 (iv) all proposals received in response to a request for bids to 12 provide goods or services to the cooperative the cost of which is 13 reasonably expected to exceed five thousand dollars in any one year. 14 Such documents shall be made available within ten days of receipt unless 15 the board chooses to conduct closed competitive bidding in which case 16 the documents shall be made available within ten days of the selection 17 of the successful bid; 18 (v) reports of accountants, consultants and experts retained or hired 19 to perform services for or on behalf of the cooperative including finan- 20 cial statements as defined in paragraph five of this subdivision 21 provided, however, that such reports may be withheld when a majority of 22 the members of the board has voted to withhold such information. When 23 the matter concerns alleged conflict of interest or malfeasance involv- 24 ing board members the report may be withheld only upon a vote of the 25 majority of disinterested board members. If all board members are inter- 26 ested parties the report may not be withheld; 27 (vi) reports by municipal and/or county inspectors concerning compli- 28 ance with health, building and housing codes and regulations; and 29 (vii) the records of decisions by the board of directors to exclude or 30 withdraw materials pursuant to subparagraph (i) or (v) of this para- 31 graph. Such records shall be prepared in every instance that materials 32 are withheld or excluded. The record shall include the general nature 33 of the materials and the reason for withholding or excluding same. 34 (8) That in addition to any other notice required by the cooperative's 35 organizational or operating documents, notice of all board and share- 36 holder meetings shall be posted in a prominent place accessible to all 37 shareholders in each building comprising the cooperative. 38 (9) The attorney general is authorized to enforce the provisions of 39 this section and may, upon his or her own initiative, or in response to 40 a complaint by one or more shareholders, investigate allegations of any 41 failure to comply with the provisions hereof. 42 § 3. Within six months of the effective date of this act the attorney 43 general shall promulgate a handbook summarizing the rights of unit 44 owners vis-a-vis condominium associations and the procedures and proc- 45 esses available to unit owners to enforce such rights. 46 § 4. This act shall take effect immediately; provided, however, that 47 as to residential condominium associations existing and operating as 48 such on the effective date of this act the boards of managers of such 49 associations shall within one year of the effective date of this act 50 take all steps necessary to amend the appropriate organizational and 51 operating documents of such associations to implement the provisions of 52 this act.
