Bill Text: NY A03572 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes actions and proceedings by unit owners against a condominium board of managers for certain violations of law or of resolutions adopted by such board of managers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to housing [A03572 Detail]

Download: New_York-2023-A03572-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3572

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 3, 2023
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Housing

        AN ACT to amend the  real  property  law,  in  relation  to  authorizing
          actions  and proceedings by unit owners against a condominium board of
          managers for certain violations of law or of  resolutions  adopted  by
          such board of managers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 339-dd of the real property law, as added by  chap-
     2  ter 82 of the laws of 1964, is amended to read as follows:
     3    § 339-dd. Actions. 1. Actions may be brought or proceedings instituted
     4  by  the board of managers in its discretion, on behalf of two or more of
     5  the unit owners, as their respective interests may appear, with  respect
     6  to  any cause of action relating to the common elements or more than one
     7  unit. Service of process on the unit owners in any  action  relating  to
     8  the  common  elements  or  more  than one unit may be made on the person
     9  designated in the declaration to receive service of process.
    10    2. Actions may be brought or proceedings instituted by a  unit  owner,
    11  or  multiple  unit  owners,  as  their  respective interests may appear,
    12  against the board of managers for violations of this  article,  by-laws,
    13  rules, regulations, or resolutions adopted by such board of managers for
    14  damages  or  injunctive  relief  or both. The court may award reasonable
    15  attorney's fees for a prevailing unit owner in such action.
    16    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04752-01-3