N.Y. General Municipal Law 980-M – District management association
§ 980-m. District management association. (a) There shall be a district management association for each district established pursuant to the provisions of this article (which shall pursuant to the not-for-profit corporation law have one or more classes or membership, voting or non-voting) for the purpose of carrying out such activities as may be prescribed in the plan. Notwithstanding any inconsistent provision of paragraph (e) of section six hundred eleven of the not-for-profit corporation law, the certificate of incorporation or by-laws of such association shall provide for voting representation of owners of property and tenants within the district, and may provide that the votes of members who are property owners be weighted in proportion to the assessment levied or to be levied against the properties within the district, provided that in no case shall the total number of votes assigned to any one such member or to any number of such members under common ownership or control exceed thirty-three and one-third percent of the total number of votes which may be cast.
Terms Used In N.Y. General Municipal Law 980-M
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- District: means a business improvement district established pursuant to this article. See N.Y. General Municipal Law 980
- District management association: means the association established pursuant to section nine hundred eighty-m of this article. See N.Y. General Municipal Law 980
- Legislative body: means the local legislative body empowered to adopt and amend local laws or ordinances. See N.Y. General Municipal Law 980
- Municipality: means a city, town or village within the state of New York. See N.Y. General Municipal Law 980
- plan: means a proposal as defined in section nine hundred eighty-a of this article. See N.Y. General Municipal Law 980
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) The board of directors of the association shall be composed of representatives of owners and tenants within the district, provided, however, that not less than a majority of its members shall represent owners and provided further that tenants of commercial space and dwelling units within the district shall also be represented on the board. The board shall include, in addition, three members, one member appointed by each of the following: the chief executive officer of the municipality, the chief financial officer of the municipality and the legislative body. Provided, that in a city having a population of one million or more, the third additional member shall be appointed by the borough president of the borough in which the district is located and a fourth additional member shall be appointed by the council member representing the council district in which the proposed district is located, or if the proposed district is located in more than one council district, the fourth additional member will be appointed by the speaker of the city council after consultation with the council members representing the council districts in which the proposed district is located. The additional three members (four in a city of one million or more) shall serve as the incorporators of the association pursuant to the not-for-profit corporation law. The association may be incorporated prior to the effective date of any district established pursuant to this article.
(c) In addition to such other powers as are conferred on it by law, the district management association may make recommendations to the legislative body with respect to any matter involving or relating to the district.
(d) For such consideration as it may deem appropriate and consistent with the powers granted pursuant to section nine hundred eighty-c of this article, the legislative body may license or grant to the district management association the right to undertake or permit commercial activities or other private uses of the streets or other parts of the district in which the municipality has any real property interest.
(e) The district management association shall give written notice of meetings to all members of such association pursuant to section six hundred five of the not-for-profit corporation law notwithstanding the eligibility of members of the district management association to vote. The district management association shall also make available, upon the request of a member, minutes of such meetings.