Question: Can we require a 100% member vote to amend or repeal a covenant? Answer: Yes, you can require 100% member vote to amend or repeal a covenant. While some statutes require a minimum number of membership votes to amend or repeal a covenant or by-law provision...
Condominiums & Cooperatives
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: We are not a homeowners association - we are a property owners Association (private - nonprofit). We collect a small fee to maintain gravel roads only. Our bylaws do not address voting for BOD by proxy or absentee vote. Can we incorporate one? Answer: Yes,...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: Our by-laws state that fines can be levied when residents violate certain covenants, by-laws or rules and regulations. Now I've been told that these fines aren't sanctioned or collectible. Is that true? Answer: Since your covenants provide the board with the...
QUESTION/ANSWER BY JOHN H. GETTINGER, ESQ.
Question: We purchased units in a HOA many years ago for rental purposes and potential future personal use. At that time the only rental limitation in the Master Deed was that rentals must exceed 90 days. Recently of the HOA voted to amend the Master Deed to...
Question/Answer by John H. Gettinger, Esq.
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...
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...
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 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: 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: 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?...