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.
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