Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by FindLaw Staff
1. The by-laws shall provide for at least the following:
(a) The nomination and election of a board of managers, the number of persons constituting the same, and that the terms of at least one-third of the members of such board shall expire annually; the powers and duties of the board; the compensation, if any, of the members of the board; the method of removal from office of members of the board; and whether or not the board may engage the services of a manager or managing agent or both, and specifying which of the powers and duties granted to the board by this article or otherwise may be delegated by the board to either or both of them. Nothing contained herein shall bar the incorporation of the board of managers under applicable statutes of this state; such incorporation must be consistent with the other provisions of this article and the nature of the condominium purpose.
(b) Methods of calling meetings of the unit owners; what percentage of the unit owners, if other than a majority, shall constitute a quorum; and what percentage shall, consistent with the provisions of this section, be necessary to adopt decisions binding on all unit owners. Meetings of unit owners may be held at such physical place as may be fixed by or under the by-laws, or if not so fixed, as determined by the board of managers. Provided, however, that the board of managers may, in its sole discretion, determine that the meeting be held solely or partially by means of electronic communication, the platform/service of which shall be the place of the meeting for purposes of this article. Nothing contained in this paragraph shall prohibit a board of managers from holding a meeting at a physical place and allowing unit owners the option of attending such meeting either at such physical place or by means of electronic communication.
(c) Election of a president from among the board of managers who shall preside over the meetings of such board and of the unit owners.
(d) Election of a secretary who shall keep a record wherein actions of such board and of meetings of the unit owners shall be recorded.
(e) Election of a treasurer who shall keep the financial records and books of account.
(f) Operation of the property, payment of the common expenses and determination and collection of the common charges.
(g) The manner of designation and removal of persons employed for the operation of the property.
(h) Method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common elements.
(i) Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners.
(j) The percentage of the unit owners, but not less than sixty-six and two-thirds per cent in number and common interest except in the case where all units are non-residential, which may at any time modify or amend the by-laws.
2. The by-laws may also provide for the following:
(a) Provisions governing the alienation, conveyance, sale, leasing, purchase, ownership and occupancy of units, provided, however, that the by-laws shall contain no provision restricting the alienation, conveyance, sale, leasing, purchase, ownership and occupancy of units because of race, creed, color or national origin.
(b) Provisions governing the payment, collection and disbursement of funds, including reserves, to provide for major and minor maintenance, repairs, additions, improvements, replacements, working capital, bad debts and unpaid common expenses, depreciation, obsolescence and similar purposes.
(c) The form by which the board of managers, acting on behalf of the unit owners, where authorized by this statute or the declaration, may acquire and hold any unit and lease, mortgage and convey the same.
(d) Any other provisions, not inconsistent with the provisions of this article, relating to the operation of the property.
Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP § 339-v. Contents of by-laws - last updated January 01, 2024 | https://codes.findlaw.com/ny/real-property-law/rpp-sect-339-v.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)