S T A T E O F N E W Y O R K
________________________________________________________________________
1659--A
2009-2010 Regular Sessions
I N S E N A T E
February 4, 2009
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Introduced by Sen. ESPADA -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development -- recommitted to the Committee on Housing,
Construction and Community Development in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the general business law, in relation to plans for
conversions of residences to cooperative or condominium ownership
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 352-eee of the general business
law is amended by adding a new paragraph (g) to read as follows:
(G) THE PLAN PROVIDES, IF TWENTY OR MORE UNITS ARE PROPOSED IN SUCH
PLAN, THAT A MAJORITY OF THE BOARD OF DIRECTORS OR MANAGERS SHALL BE
ELECTED BY THE SHAREHOLDERS OR UNIT OWNERS WHO ARE IN OCCUPANCY UPON THE
FIRST TO OCCUR OF ANY OF THE FOLLOWING:
(I) FIFTY-ONE PERCENT OF THE SHARES OR UNITS HAVE BEEN SOLD;
(II) REGARDLESS OF THE NUMBER OF UNSOLD SHARES OR UNITS HELD BY THE
SPONSOR OR A SUCCESSOR IN INTEREST, WITHIN THIRTY-SIX MONTHS FROM THE
TIME THE PLAN IS DECLARED EFFECTIVE; OR
(III) REGARDLESS OF THE NUMBER OF UNSOLD SHARES OR UNITS HELD BY THE
SPONSOR OR A SUCCESSOR IN INTEREST, WITHIN THIRTY-SIX MONTHS OF THE
EFFECTIVE DATE OF THIS PARAGRAPH.
S 2. Subdivision 2 of section 352-eeee of the general business law is
amended by adding a new paragraph (g) to read as follows:
(G) THE PLAN PROVIDES, IF TWENTY OR MORE UNITS ARE PROPOSED IN SUCH
PLAN, THAT A MAJORITY OF THE BOARD OF DIRECTORS OR MANAGERS SHALL BE
ELECTED BY THE SHAREHOLDERS OR UNIT OWNERS WHO ARE IN OCCUPANCY UPON THE
FIRST TO OCCUR OF ANY OF THE FOLLOWING:
(I) FIFTY-ONE PERCENT OF THE SHARES OR UNITS HAVE BEEN SOLD;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02591-03-0
S. 1659--A 2
(II) REGARDLESS OF THE NUMBER OF UNSOLD SHARES OR UNITS HELD BY THE
SPONSOR OR A SUCCESSOR IN INTEREST, WITHIN THIRTY-SIX MONTHS FROM THE
TIME THE PLAN IS DECLARED EFFECTIVE; OR
(III) REGARDLESS OF THE NUMBER OF UNSOLD SHARES OR UNITS HELD BY THE
SPONSOR OR A SUCCESSOR IN INTEREST, WITHIN THIRTY-SIX MONTHS OF THE
EFFECTIVE DATE OF THIS PARAGRAPH.
S 3. This act shall take effect immediately; provided that the amend-
ment to section 352-eee of the general business law made by section one
of this act shall not affect the expiration of such section and shall
expire therewith and the amendment to section 352-eeee of the general
business law made by section two of this act shall not affect the expi-
ration of such section and shall expire therewith.