Question: We want to change one of our by-laws. We have 48 condo owners. Our by-laws say we must have a majority of all owners approve the change. So we only need 25. One owner says we need 32 to change it. Is she right? Answer: Yes, she is right. Pursuant to §339-v...
Year: 2015
The Use of Electronic Voting May Help Obtain a Quorum
If your homeowners association has been unable, year after year, to obtain a quorum at its annual meeting so that no election can take place, your homeowners association should consider permitting electronic voting. Although New York has not enacted a statute which...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Can we create a rule where owners must own a unit for 5 years, before being allowed to offer that unit as a rental? Answer: Yes, a homeowners association can prohibit rentals or restrict them. This will have the effect of discouraging investors from...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Our condo association which consists of 64 units has been under the ruling of a management company since the beginning of 2014. Many co-owners are not satisfied with this arrangement. For the past two years our annual dues have been increased $10 per month....
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Our Board approved $19,000 worth of work to be done to the President's row of units. Owners were not informed in writing of this work. The contractor is a friend of the President. Is this allowable? Answer: Provided that the work was in the nature of...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: At the annual mtg we were two short for a quorum. The board gave two condos two votes (married couples). Is this legal? Answer: No, this is not legal. The "quorum" provision of a homeowners association by-laws typically provide that "so many home owners as...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Can board members be paid? Answer: Yes board members can be paid, but it would be highly unusual in a homeowners association setting. Section 715(d) of New York's Not-for-Profit Corporate Law (the "Statute") provides "unless otherwise provided in the...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Is there any requirement that a HOA deposit association funds in only FDIC insured banks? Answer: No. There is no legal requirement that a board of a community association must only deposit association funds in FDIC insured banks. However, I would think that...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: HOA previously marked owner responsibility as contained within the unit walls and has recently started a process that would transfer responsibility for unit patio maintenance back to the unit owners. Does this raise issues of insurance and past practices?...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: We live in a private residency (a non-profit) where roads fees are collected to maintain the dirt/gravel roads & snowplow. We have posted signs to our community. Private; private drive, no trespassing. Do we need liability insurance? Answer: Yes,...