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Assembly Bill A9421

2021-2022 Legislative Session

Authorizes actions and proceedings by unit owners against a condominium board of managers for certain violations of law or of resolutions adopted by such board of managers

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

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2021-A9421 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Law
Laws Affected:
Amd §339-dd, RP L
Versions Introduced in 2023-2024 Legislative Session:
A3572

2021-A9421 (ACTIVE) - Summary

Authorizes actions and proceedings by unit owners against a condominium board of managers for certain violations of law or of resolutions adopted by such board of managers.

2021-A9421 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9421
 
                           I N  A S S E M B L Y
 
                               March 7, 2022
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the  real  property  law,  in  relation  to  authorizing
   actions  and proceedings by unit owners against a condominium board of
   managers for certain violations of law or of  resolutions  adopted  by
   such board of managers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 339-dd of the real property law, as added by  chap-
 ter 82 of the laws of 1964, is amended to read as follows:
   § 339-dd. Actions. 1. Actions may be brought or proceedings instituted
 by  the board of managers in its discretion, on behalf of two or more of
 the unit owners, as their respective interests may appear, with  respect
 to  any cause of action relating to the common elements or more than one
 unit. Service of process on the unit owners in any  action  relating  to
 the  common  elements  or  more  than one unit may be made on the person
 designated in the declaration to receive service of process.
   2. ACTIONS MAY BE BROUGHT OR PROCEEDINGS INSTITUTED BY A  UNIT  OWNER,
 OR  MULTIPLE  UNIT  OWNERS,  AS  THEIR  RESPECTIVE INTERESTS MAY APPEAR,
 AGAINST THE BOARD OF MANAGERS FOR VIOLATIONS OF THIS  ARTICLE,  BY-LAWS,
 RULES, REGULATIONS, OR RESOLUTIONS ADOPTED BY SUCH BOARD OF MANAGERS FOR
 DAMAGES  OR  INJUNCTIVE  RELIEF  OR BOTH. THE COURT MAY AWARD REASONABLE
 ATTORNEY'S FEES FOR A PREVAILING UNIT OWNER IN SUCH ACTION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14747-01-2

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