Senate Bill S5088

2009-2010 Legislative Session

Establishes a residential condominium owner's bill of rights

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S5088 (ACTIVE) - Details

See Assembly Version of this Bill:
A4946
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
General Business Law
Laws Affected:
Add ยง352-eeeee, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5102, A7716
2013-2014: S2291, A8971
2015-2016: A3513
2017-2018: A5816
2019-2020: A3254
2021-2022: A2387
2023-2024: A4789

2009-S5088 (ACTIVE) - Summary

Enacts a bill of rights for owners of residential condominium units to provide fair and equitable treatment of all unit owners; directs the attorney general to promulgate a handbook summary of the rights of unit owners vis-a-vis condominium associations and the procedures and processes available to unit owners to enforce such rights.

2009-S5088 (ACTIVE) - Sponsor Memo

2009-S5088 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5088

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT to amend the general business law, in relation to enactment of a
  residential condominium owner's bill of rights

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
352-eeeee to read as follows:
  S  352-EEEEE.  RESIDENTIAL  CONDOMINIUM  OWNER'S  BILL  OF RIGHTS. THE
ORGANIZATIONAL AND OPERATING DOCUMENTS OF EVERY RESIDENTIAL  CONDOMINIUM
ESTABLISHED OR OPERATING PURSUANT TO THE LAWS OF THE STATE SHALL GUARAN-
TEE THE FOLLOWING TO EACH UNIT OWNER:
  1. THAT (A) ALL APPLICATIONS BY UNIT OWNERS IN CONNECTION WITH MATTERS
WHICH REQUIRE APPROVAL OF THE BOARD OF MANAGERS AND (B) ALL REQUESTS FOR
DETERMINATIONS  BY  THE  BOARD  OF MANAGERS INCLUDING BUT NOT LIMITED TO
REQUESTS FOR THE RESOLUTION OF DISPUTES BETWEEN OR  AMONG  UNIT  OWNERS,
DISPUTES  BETWEEN  UNIT  OWNERS  AND THE CONDOMINIUM ASSOCIATION SUCH AS
DISPUTES CONCERNING RESPONSIBILITY FOR REPAIRS SHALL BE PROCESSED  IN  A
REASONABLY EXPEDITIOUS MANNER PURSUANT TO UNIFORM PROCEDURES AND TIMETA-
BLES  ADOPTED  IN WRITING.  THE BOARD'S DECISION SHALL BE IN WRITING AND
SHALL SET FORTH THE REASONS THEREFOR, EXCEPT THAT  NO  REASON  SHALL  BE
REQUIRED WHEN APPROVAL IS GRANTED.
  2.    THAT  THE  FINAL  RESULTS OF ELECTIONS FOR THE BOARD OF MANAGERS
INCLUDING A TALLY OF THE VOTES RECEIVED BY EACH CANDIDATE SHALL BE POST-
ED WITHIN ONE BUSINESS DAY FOLLOWING THE AVAILABILITY OF  SUCH  INFORMA-
TION IN A PROMINENT PLACE ACCESSIBLE TO ALL UNIT OWNERS IN EACH BUILDING
COMPRISING THE CONDOMINIUM.
  3.  THAT THE BOARD OF MANAGERS SHALL CALL A MEETING TO FILL ANY VACAN-
CIES WHICH OCCUR ON SUCH BOARD WITHIN SIXTY DAYS OF  THE  OCCURRENCE  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08867-01-9

              

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