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QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.

Question:

We have covenants but no by-laws. Can we develop by-laws without having a vote of the members of the Association?

Answer:

Pursuant to §602 (a) of New York's Not-For-Profit Corporation Law (the "Statute"), the initial by-laws of a not-for-profit corporation (homeowners association) may be adopted by its incorporator (sponsor) at the organizational meeting. If the by-laws are not so adopted by sponsor, then they may be adopted by the board of directors at a meeting without vote of the members of the homeowner's association.

Pursuant to §602 (b) of the Statute, the by-laws may also be adopted by vote of the members.

Pursuant to §602 (c) the Statute, any by-laws adopted by the board may be amended or repealed by the members and any by-laws adopted by the members may be amended or repealed by the board.

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