The New York State Senate

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

                                  8643

                            I N  S E N A T E

                              May 10, 2018
                               ___________

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,
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06852-04-8

S. 8643                             2

  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
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.