N.Y. Real Property Law 339-V – Contents of by-laws
§ 339-v. Contents of by-laws. 1. The by-laws shall provide for at least the following:
Terms Used In N.Y. Real Property Law 339-V
- Common charges: means each unit's proportionate share of the common expenses in accordance with its common interest. See N.Y. Real Property Law 339-E
- Common expenses: means and includes:
(a) Expenses of operation of the property, and
(b) All sums designated common expenses by or pursuant to the provisions of this article, the declaration or the by-laws. See N.Y. Real Property Law 339-E - Common interest: means the (i) proportionate, undivided interest in fee simple absolute, or (ii) proportionate undivided leasehold interest in the common elements appertaining to each unit, as expressed in the declaration. See N.Y. Real Property Law 339-E
- Declaration: means the instrument by which the property is submitted to the provisions of this article, as hereinafter provided, and such instrument as from time to time amended, consistent with the provisions of this article and of the by-laws. See N.Y. Real Property Law 339-E
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Operation of the property: means and includes the administration and operation of the property and the maintenance, repair and replacement of, and the making of any additions and improvements to, the common elements. See N.Y. Real Property Law 339-E
- Property: means and includes the land, the building and all other improvements thereon, (i) owned in fee simple absolute, or (ii) in the case of a condominium devoted exclusively to non-residential purposes, held under a lease or sublease, or separate unit leases or subleases, the unexpired term or terms of which on the date of recording of the declaration shall not be less than thirty years, or (iii) in the case of a qualified leasehold condominium, held under a lease or sublease, or separate unit leases or subleases, the unexpired term or terms of which on the date of recording of the declaration shall not be less than fifty years, and all easements, rights and appurtenances belonging thereto, and all other property, personal or mixed, intended for use in connection therewith, which have been or are intended to be submitted to the provisions of this article. See N.Y. Real Property Law 339-E
- Quorum: The number of legislators that must be present to do business.
- Statute: A law passed by a legislature.
- Unit: means a part of the property intended for any type of use or uses, and with an exit to a public street or highway or to a common element or elements leading to a public street or highway, and may include such appurtenances as garage and other parking space, storage room, balcony, terrace and patio, but in no event may utility facilities such as those for water or sewerage treatment or power generation appear as single units. See N.Y. Real Property Law 339-E
(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.