S T A T E   O F   N E W   Y O R K
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                                   1751
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN  ACT  to amend the real property law, in relation to creating a resi-
   dential condominium owner bill of rights
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 339-ll to read as follows:
   § 339-LL. RESIDENTIAL CONDOMINIUM OWNER'S BILL OF RIGHTS.  THE  ORGAN-
 IZATIONAL AND OPERATING DOCUMENTS OF A NOT-FOR-PROFIT RESIDENTIAL CONDO-
 MINIUM  ASSOCIATION ESTABLISHED OR OPERATING PURSUANT TO THE LAWS OF THE
 STATE AND MANAGING THE COMMON CHARGES, ELEMENTS, EXPENSES, OR PROFITS OF
 THIRTY-FIVE HUNDRED OR MORE UNITS SHALL GUARANTEE THE  FOLLOWING  RIGHTS
 TO EACH UNIT OWNER.
   1.  THE  RIGHT TO TRANSPARENCY. COMPLETE AND ACCURATE FINANCIAL STATE-
 MENTS, REPORTS OF HIRED ACCOUNTANTS AND CONSULTANTS  ON  BEHALF  OF  THE
 ASSOCIATION,  REPORTS  BY  MUNICIPAL  OR COUNTY INSPECTORS, AND APPROVED
 MINUTES OF THE BOARD OF MANAGERS' MEETINGS SHALL BE AVAILABLE FOR REVIEW
 WITHIN A TIMELY FASHION OF A REQUEST TO REVIEW, INSPECT,  OR  COPY.  ANY
 FINANCIAL  STATEMENTS,  REPORTS,  OR MINUTES ORDINARILY PROVIDED TO UNIT
 OWNERS SHALL BE PROVIDED IN A TIMELY  FASHION  PURSUANT  TO  ESTABLISHED
 TIMETABLES.  IN  ADDITION  TO  ANY  OTHER  NOTICE REQUIRED, THE APPROVED
 MINUTES OF ALL BOARD AND UNIT OWNER MEETINGS SHALL BE POSTED IN A PROMI-
 NENT PLACE ACCESSIBLE TO ALL UNIT OWNERS IN EACH BUILDING COMPRISING THE
 CONDOMINIUM WITHIN ONE DAY OF THEIR APPROVAL. FOR THE PURPOSES  OF  THIS
 SUBDIVISION,  "FINANCIAL STATEMENTS" SHALL INCLUDE A COMPLETE ACCOUNTING
 FOR ALL EXPENDITURES, CAPITAL IMPROVEMENTS, OR ANYTHING IN EXCESS OF THE
 CONTINGENCY FUND INCLUDING THE BUDGET,  A  COMPARISON  OF  ANY  AND  ALL
 BIDDING  PROCESSES FOR WORK TO BE DONE ON THE CONDOMINIUM INCLUDING WORK
 THAT WAS CONDUCTED AND THE AMOUNTS OF THE CONTRIBUTIONS  OF  EACH  OWNER
 WHETHER  INDIVIDUAL  OR  GROUP SPONSORED, BILLINGS, ESTIMATES, OVERAGES,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07269-01-9

 S. 1751                             2
 
 AND PROOF OF THE EXPENDITURES THAT COMPRISE THE TOTAL OF  THE  SURCHARGE
 AND  MINUTES  OF  EACH  MEETING  WHERE  THE  PLANNING  AND VOTING ON THE
 PROPOSAL WAS DISCUSSED WITH ALL THE OWNERS, FOR ANY AND ALL EXPENDITURES
 NOT  MADE IN THE ORDINARY COURSE OF BUSINESS, BANK ACCOUNT AND FINANCIAL
 INVESTMENT STATEMENTS, AND THE ASSOCIATION'S IRS FORM NINE-HUNDRED-NINE-
 TY, IF APPLICABLE, FOR EACH OF THE THREE MOST CURRENT FISCAL YEARS.
   2. THE RIGHT TO TIMELY DECISIONS. ALL APPLICATIONS BY UNIT  OWNERS  IN
 CONNECTION  WITH MATTERS WHICH REQUIRE APPROVAL OF THE BOARD OF MANAGERS
 AND 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 TIMETABLES 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.
   3.  VOTING RIGHTS.   (A) THE BOARD OF MANAGERS SHALL CALL A MEETING TO
 FILL ANY VACANCIES WHICH OCCUR ON SUCH BOARD WITHIN SIXTY  DAYS  OF  THE
 OCCURRENCE  OF  SUCH  VACANCY IF THE VACANCY OCCURS MORE THAN SIX MONTHS
 PRIOR TO THE ANNUAL MEETING OF UNIT OWNERS.
   (B) THE FINAL RESULTS OF ELECTIONS FOR THE BOARD OF MANAGERS INCLUDING
 A TALLY OF THE VOTES RECEIVED BY EACH CANDIDATE SHALL BE  POSTED  WITHIN
 ONE  BUSINESS  DAY  FOLLOWING  THE AVAILABILITY OF SUCH INFORMATION IN A
 PROMINENT PLACE ACCESSIBLE TO ALL UNIT OWNERS IN EACH BUILDING  COMPRIS-
 ING THE CONDOMINIUM.
   (C)  ANY  MEMBER  OF  A  BOARD OF MANAGERS WHO IS ELECTED WHILE A UNIT
 OWNER IN THE CONDOMINIUM, WHO SELLS  HIS  OR  HER  APARTMENT,  AND  WHO,
 SUBSEQUENT  TO  SUCH SALE SHALL NO LONGER BE A UNIT OWNER IN SUCH CONDO-
 MINIUM, SHALL RESIGN FROM SUCH BOARD NO LATER THAN THE CLOSING  DATE  OF
 SUCH SALE.
   4.  THE  RIGHT  TO  NOTICE.  IN ADDITION TO ANY OTHER NOTICE REQUIRED,
 NOTICE OF ALL BOARD AND UNIT OWNER MEETINGS SHALL BE POSTED IN A  PROMI-
 NENT PLACE ACCESSIBLE TO ALL UNIT OWNERS IN EACH BUILDING COMPRISING THE
 CONDOMINIUM.
   5.  THE  RIGHT  AGAINST  EXTRAORDINARY  EXPENSES. NO LESS THAN ONCE IN
 EVERY FIVE YEARS THE BOARD SHALL PROPOSE EXPENSE LIMITS WHICH  SHALL  BE
 INCLUDED  IN  THE  NOTICE OF THE ANNUAL OR ANY OTHER MEETING OF THE UNIT
 OWNERS. AN OPPORTUNITY FOR UNIT OWNERS TO COMMENT ON SUCH  PROPOSAL  AND
 TO  OFFER  LOWER EXPENSE LIMITS SHALL BE INCLUDED IN THE AGENDA FOR SUCH
 MEETING.  AT THE CONCLUSION OF THE COMMENT PERIOD THE BOARD SHALL, BY AN
 OPEN VOTE, ADOPT EXPENSE LIMITS NOT TO  EXCEED  THOSE  PROPOSED  BY  THE
 BOARD WHICH SHALL BE EFFECTIVE UNTIL CHANGED. ONCE APPROVED BY VOTE, THE
 BOARD  SHALL NOT ENTER INTO CONTRACTS FOR EXTRAORDINARY EXPENSES WITHOUT
 APPROVAL OF THE UNIT OWNERS, UNLESS IT IS DEEMED TO BE AN  EMERGENCY  OR
 IS REQUIRED FOR REFINANCING OF THE MORTGAGE.
   6.  THE  ATTORNEY  GENERAL  IS AUTHORIZED TO ENFORCE THE PROVISIONS OF
 THIS SECTION AND MAY, UPON HIS OR HER OWN INITIATIVE, OR IN RESPONSE  TO
 A  COMPLAINT  BY ONE OR MORE UNIT OWNERS, INVESTIGATE ALLEGATIONS OF ANY
 FAILURE TO COMPLY WITH THE PROVISIONS HEREOF.
   § 2. Within six months of the effective date of this act the  attorney
 general  shall  promulgate  a  handbook  summarizing  the rights of unit
 owners vis-a-vis condominium associations and the procedures  and  proc-
 esses available to unit owners to enforce such rights.
   §  3.  This act shall take effect immediately; provided, however, that
 as to residential condominium associations  existing  and  operating  as
 such  on  the  effective date of this act the boards of managers of such

 S. 1751                             3

 associations shall within one year of the effective  date  of  this  act
 take  all  steps  necessary  to amend the appropriate organizational and
 operating documents of such associations to implement the provisions  of
 this act.