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    4. Amendment to the “Condominium Act” allows for electronic unit owner meetings

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    Alert / Cooperatives & Condominiums

    Amendment to the “Condominium Act” allows for electronic unit owner meetings

    Oct 19, 2022

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    By Erica Buckley and Nichole Thomas

    New York amends the Condominium Act to allow for electronic meetings post-COVID-19.

    What’s the impact?

    • The amendment to the New York State Real Property Law Section 339-v allows a board of managers, in its sole discretion, to determine the method for conducting unit owner meetings
    • The change in law allows sole or partial electronic meetings of unit owners
    • Cooperatives and condominiums may wish to amend their by-laws to expressly provide for electronic meetings to be safe

    DOWNLOAD

    PDF: Condominium Act electronic meetings

    On June 30, 2022, New York Governor Hochul signed into law S7278/A8185, which amended Section 339-v of the New York State Real Property Law (the Condominium Act) to allow a board of managers to conduct unit owner meetings solely or partially by electronic means. Specifically, the amendment states “… that the board of managers may, in its sole discretion, determine that the meeting be held solely or partially by means of electronic communication, the platform/service of which shall be the place of the meeting for purposes of this article.” While the amendment gives condominiums more options, unit owner meetings may still take place at a physical location in accordance with the terms of the existing by-laws as well.

    The sponsor’s memo to the change in law discusses how many condominium boards pivoted to electronic meetings during COVID-19, relying on relief provided by executive orders. The purpose of the bill, according to the sponsor’s memo, is to “… allow a Board of Managers for condominiums to authorize the continuation of electric meetings without needing to change the by-laws.”

    Looking ahead

    Sponsors of new construction condominiums or conversions should make sure that the by-laws include an option for electronic unit owner meetings. Boards of existing condominiums can now rely on the change to the Condominium Act to continue with electronic meetings, although the best practice would be to amend the by-laws to expressly provide for it for the future.

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    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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