Legislation
SECTION 980-M
District management association
General Municipal (GMU) CHAPTER 24, ARTICLE 19-A
§ 980-m. District management association. (a) There shall be a
district management association for each district established pursuant
to the provisions of this article (which shall pursuant to the
not-for-profit corporation law have one or more classes or membership,
voting or non-voting) for the purpose of carrying out such activities as
may be prescribed in the plan. Notwithstanding any inconsistent
provision of paragraph (e) of section six hundred eleven of the
not-for-profit corporation law, the certificate of incorporation or
by-laws of such association shall provide for voting representation of
owners of property and tenants within the district, and may provide that
the votes of members who are property owners be weighted in proportion
to the assessment levied or to be levied against the properties within
the district, provided that in no case shall the total number of votes
assigned to any one such member or to any number of such members under
common ownership or control exceed thirty-three and one-third percent of
the total number of votes which may be cast.
(b) The board of directors of the association shall be composed of
representatives of owners and tenants within the district, provided,
however, that not less than a majority of its members shall represent
owners and provided further that tenants of commercial space and
dwelling units within the district shall also be represented on the
board. The board shall include, in addition, three members, one member
appointed by each of the following: the chief executive officer of the
municipality, the chief financial officer of the municipality and the
legislative body. Provided, that in a city having a population of one
million or more, the third additional member shall be appointed by the
borough president of the borough in which the district is located and a
fourth additional member shall be appointed by the council member
representing the council district in which the proposed district is
located, or if the proposed district is located in more than one council
district, the fourth additional member will be appointed by the speaker
of the city council after consultation with the council members
representing the council districts in which the proposed district is
located. The additional three members (four in a city of one million or
more) shall serve as the incorporators of the association pursuant to
the not-for-profit corporation law. The association may be incorporated
prior to the effective date of any district established pursuant to this
article.
(c) In addition to such other powers as are conferred on it by law,
the district management association may make recommendations to the
legislative body with respect to any matter involving or relating to the
district.
(d) For such consideration as it may deem appropriate and consistent
with the powers granted pursuant to section nine hundred eighty-c of
this article, the legislative body may license or grant to the district
management association the right to undertake or permit commercial
activities or other private uses of the streets or other parts of the
district in which the municipality has any real property interest.
(e) The district management association shall give written notice of
meetings to all members of such association pursuant to section six
hundred five of the not-for-profit corporation law notwithstanding the
eligibility of members of the district management association to vote.
The district management association shall also make available, upon the
request of a member, minutes of such meetings.
district management association for each district established pursuant
to the provisions of this article (which shall pursuant to the
not-for-profit corporation law have one or more classes or membership,
voting or non-voting) for the purpose of carrying out such activities as
may be prescribed in the plan. Notwithstanding any inconsistent
provision of paragraph (e) of section six hundred eleven of the
not-for-profit corporation law, the certificate of incorporation or
by-laws of such association shall provide for voting representation of
owners of property and tenants within the district, and may provide that
the votes of members who are property owners be weighted in proportion
to the assessment levied or to be levied against the properties within
the district, provided that in no case shall the total number of votes
assigned to any one such member or to any number of such members under
common ownership or control exceed thirty-three and one-third percent of
the total number of votes which may be cast.
(b) The board of directors of the association shall be composed of
representatives of owners and tenants within the district, provided,
however, that not less than a majority of its members shall represent
owners and provided further that tenants of commercial space and
dwelling units within the district shall also be represented on the
board. The board shall include, in addition, three members, one member
appointed by each of the following: the chief executive officer of the
municipality, the chief financial officer of the municipality and the
legislative body. Provided, that in a city having a population of one
million or more, the third additional member shall be appointed by the
borough president of the borough in which the district is located and a
fourth additional member shall be appointed by the council member
representing the council district in which the proposed district is
located, or if the proposed district is located in more than one council
district, the fourth additional member will be appointed by the speaker
of the city council after consultation with the council members
representing the council districts in which the proposed district is
located. The additional three members (four in a city of one million or
more) shall serve as the incorporators of the association pursuant to
the not-for-profit corporation law. The association may be incorporated
prior to the effective date of any district established pursuant to this
article.
(c) In addition to such other powers as are conferred on it by law,
the district management association may make recommendations to the
legislative body with respect to any matter involving or relating to the
district.
(d) For such consideration as it may deem appropriate and consistent
with the powers granted pursuant to section nine hundred eighty-c of
this article, the legislative body may license or grant to the district
management association the right to undertake or permit commercial
activities or other private uses of the streets or other parts of the
district in which the municipality has any real property interest.
(e) The district management association shall give written notice of
meetings to all members of such association pursuant to section six
hundred five of the not-for-profit corporation law notwithstanding the
eligibility of members of the district management association to vote.
The district management association shall also make available, upon the
request of a member, minutes of such meetings.