S05102 Summary:

BILL NOS05102
 
SAME ASSAME AS A07716
 
SPONSORBALL
 
COSPNSR
 
MLTSPNSR
 
Add S352-eeeee, Gen Bus L
 
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.
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S05102 Actions:

BILL NOS05102
 
05/03/2011REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/04/2012REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
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S05102 Floor Votes:

There are no votes for this bill in this legislative session.
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S05102 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5102
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       May 3, 2011
                                       ___________
 
        Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
 
        AN  ACT to amend the general business law, in relation to enactment of a
          residential condominium 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.
                                                                   LBD11371-01-1

        S. 5102                             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 unit owners during regular business hours on no more than ten
    23  days written notice to the board of managers:
    24    (a) approved minutes of board of managers meetings, provided that such
    25  board shall have thirty days from the dates of the meetings at which the
    26  minutes  are  approved to prepare such minutes and provided further that
    27  the board may exclude matters which it deems confidential or which  were

    28  discussed in executive session;
    29    (b)  detailed,  accurate  records,  in  chronological  order,  of  the
    30  receipts and expenditures arising from the operation of the property;
    31    (c) bank account and financial investment statements;
    32    (d) all proposals received in  response  to  a  request  for  bids  to
    33  provide  goods  or  services  to  the  condominium  the cost of which is
    34  reasonably expected to exceed five thousand dollars  in  any  one  year.
    35  Such documents shall be made available within ten days of receipt unless
    36  the  board  chooses  to conduct closed competitive bidding in which case
    37  the documents shall be made available within ten days of  the  selection
    38  of the successful bid;

    39    (e)  reports of accountants, consultants and experts retained or hired
    40  to perform services for or on behalf of the association including finan-
    41  cial statements as defined in subdivision five of this section provided,
    42  however, that such reports may  be  withheld  when  a  majority  of  the
    43  members  of  the  board has voted to withhold such information. When the
    44  matter concerns alleged conflict of interest  or  malfeasance  involving
    45  board members the report may be withheld only upon a vote of the majori-
    46  ty  of  disinterested board members. If all board members are interested
    47  parties the report may not be withheld;
    48    (f) reports by municipal and/or county inspectors  concerning  compli-

    49  ance with health, building and housing codes and regulations; and
    50    (g)  the  records  of decisions by the board of managers to exclude or
    51  withdraw materials pursuant to paragraph (a) or (e) of this subdivision.
    52  Such records shall be prepared in  every  instance  that  materials  are
    53  withheld or excluded. The record shall include the general nature of the
    54  materials and the reason for withholding or excluding same.
    55    7.  That  in  addition to any other notice required by the condominium
    56  association's organizational or operating documents, notice of all board

        S. 5102                             3
 
     1  and unit owner meetings shall be posted in a prominent place  accessible

     2  to all unit owners in each building comprising the condominium.
     3    8.  (a)  That  the  board of managers shall not impose special assess-
     4  ments, or enter into contracts for extraordinary expenses  the  cost  of
     5  which  exceeds  limits  established  pursuant  to  paragraph (b) of this
     6  subdivision beyond customary operating  or  maintenance  costs,  without
     7  approval  by a vote of the unit owners. A vote of the unit owners may be
     8  waived by the board in the case of (i)  an  emergency  evidenced  by  an
     9  approved  resolution  of the board, or (ii) a required refinancing of an
    10  existing mortgage.
    11    (b) Unless the bylaws require a  unit  owner  vote  to  establish  the
    12  limits  referred  to  in  paragraph  (a) of this subdivision, the limits

    13  shall be established by the board of managers as follows. No  less  than
    14  once  in  every five years the board shall propose limits which shall be
    15  included in the notice of the annual or any other meeting  of  the  unit
    16  owners.  An  opportunity for unit owners to comment on such proposal and
    17  to offer lower limits shall be included in the agenda for such  meeting.
    18  At  the  conclusion  of  the  comment period the board shall, by an open
    19  vote, adopt limits not to exceed those proposed by the board which shall
    20  be effective until changed pursuant to the provisions of this paragraph.
    21    9. The attorney general is authorized to  enforce  the  provisions  of
    22  this  section and may, upon his or her own initiative, or in response to

    23  a complaint by one or more unit owners, investigate allegations  of  any
    24  failure to comply with the provisions hereof.
    25    §  2.  Within  6 months of the effective date of this act the attorney
    26  general shall promulgate a  handbook  summarizing  the  rights  of  unit
    27  owners  vis-a-vis  condominium associations and the procedures and proc-
    28  esses available to unit owners to enforce such rights.
    29    § 3. This act shall take effect immediately; provided,  however,  that
    30  as  to  residential  condominium  associations existing and operating as
    31  such on the effective date of this act the boards of  managers  of  such
    32  associations  shall within 1 year of the effective date of this act take
    33  all steps necessary to amend the appropriate organizational and  operat-
    34  ing  documents  of such associations to implement the provisions of this
    35  act.
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