State Codes and Statutes

Statutes > New-york > Rpp > Article-9-b > 339-v

§  339-v.  Contents  of  by-laws.  1. The by-laws shall provide for at  least the following:    (a) The nomination and election of a board of managers, the number  of  persons  constituting the same, and that the terms of at least one-third  of the members of such board  shall  expire  annually;  the  powers  and  duties  of  the  board;  the compensation, if any, of the members of the  board; the method of removal from office of members of  the  board;  and  whether  or  not  the  board  may  engage  the  services of a manager or  managing agent or both, and specifying which of the  powers  and  duties  granted  to  the  board by this article or otherwise may be delegated by  the board to either or both of them. Nothing contained herein shall  bar  the  incorporation of the board of managers under applicable statutes of  this state;  such  incorporation  must  be  consistent  with  the  other  provisions of this article and the nature of the condominium purpose.    (b)  Method of calling meetings of the unit owners; what percentage of  the unit owners, if other than a majority, shall  constitute  a  quorum;  and  what  percentage shall, consistent with the provisions of this act,  be necessary to adopt decisions binding on all unit owners.    (c) Election of a president from among the board of managers who shall  preside over the meetings of such board and of the unit owners.    (d) Election of a secretary who shall keep a record wherein actions of  such board and of meetings of the unit owners shall be recorded.    (e) Election of a treasurer who shall keep the financial  records  and  books of account.    (f)  Operation  of  the  property,  payment of the common expenses and  determination and collection of the common charges.    (g) The manner of designation and removal of persons employed for  the  operation of the property.    (h)  Method  of  adopting  and  of  amending  administrative rules and  regulations governing the details of the operation and use of the common  elements.    (i) Such restrictions on  and  requirements  respecting  the  use  and  maintenance  of  the  units  and the use of the common elements, not set  forth in the  declaration,  as  are  designed  to  prevent  unreasonable  interference  with  the  use of their respective units and of the common  elements by the several unit owners.    (j) The percentage of the unit owners, but not less than sixty-six and  two-thirds per cent in number and common interest  except  in  the  case  where  all  units  are  non-residential, which may at any time modify or  amend the by-laws.    2. The by-laws may also provide for the following:    (a) Provisions governing the alienation,  conveyance,  sale,  leasing,  purchase,  ownership and occupancy of units, provided, however, that the  by-laws  shall  contain  no  provision   restricting   the   alienation,  conveyance,  sale,  leasing,  purchase, ownership and occupancy of units  because of race, creed, color or national origin.    (b) Provisions governing the payment, collection and  disbursement  of  funds,  including  reserves, to provide for major and minor maintenance,  repairs, additions, improvements,  replacements,  working  capital,  bad  debts and unpaid common expenses, depreciation, obsolescence and similar  purposes.    (c)  The  form by which the board of managers, acting on behalf of the  unit owners, where authorized by this statute or  the  declaration,  may  acquire and hold any unit and lease, mortgage and convey the same.    (d) Any other provisions, not inconsistent with the provisions of this  article, relating to the operation of the property.

State Codes and Statutes

Statutes > New-york > Rpp > Article-9-b > 339-v

§  339-v.  Contents  of  by-laws.  1. The by-laws shall provide for at  least the following:    (a) The nomination and election of a board of managers, the number  of  persons  constituting the same, and that the terms of at least one-third  of the members of such board  shall  expire  annually;  the  powers  and  duties  of  the  board;  the compensation, if any, of the members of the  board; the method of removal from office of members of  the  board;  and  whether  or  not  the  board  may  engage  the  services of a manager or  managing agent or both, and specifying which of the  powers  and  duties  granted  to  the  board by this article or otherwise may be delegated by  the board to either or both of them. Nothing contained herein shall  bar  the  incorporation of the board of managers under applicable statutes of  this state;  such  incorporation  must  be  consistent  with  the  other  provisions of this article and the nature of the condominium purpose.    (b)  Method of calling meetings of the unit owners; what percentage of  the unit owners, if other than a majority, shall  constitute  a  quorum;  and  what  percentage shall, consistent with the provisions of this act,  be necessary to adopt decisions binding on all unit owners.    (c) Election of a president from among the board of managers who shall  preside over the meetings of such board and of the unit owners.    (d) Election of a secretary who shall keep a record wherein actions of  such board and of meetings of the unit owners shall be recorded.    (e) Election of a treasurer who shall keep the financial  records  and  books of account.    (f)  Operation  of  the  property,  payment of the common expenses and  determination and collection of the common charges.    (g) The manner of designation and removal of persons employed for  the  operation of the property.    (h)  Method  of  adopting  and  of  amending  administrative rules and  regulations governing the details of the operation and use of the common  elements.    (i) Such restrictions on  and  requirements  respecting  the  use  and  maintenance  of  the  units  and the use of the common elements, not set  forth in the  declaration,  as  are  designed  to  prevent  unreasonable  interference  with  the  use of their respective units and of the common  elements by the several unit owners.    (j) The percentage of the unit owners, but not less than sixty-six and  two-thirds per cent in number and common interest  except  in  the  case  where  all  units  are  non-residential, which may at any time modify or  amend the by-laws.    2. The by-laws may also provide for the following:    (a) Provisions governing the alienation,  conveyance,  sale,  leasing,  purchase,  ownership and occupancy of units, provided, however, that the  by-laws  shall  contain  no  provision   restricting   the   alienation,  conveyance,  sale,  leasing,  purchase, ownership and occupancy of units  because of race, creed, color or national origin.    (b) Provisions governing the payment, collection and  disbursement  of  funds,  including  reserves, to provide for major and minor maintenance,  repairs, additions, improvements,  replacements,  working  capital,  bad  debts and unpaid common expenses, depreciation, obsolescence and similar  purposes.    (c)  The  form by which the board of managers, acting on behalf of the  unit owners, where authorized by this statute or  the  declaration,  may  acquire and hold any unit and lease, mortgage and convey the same.    (d) Any other provisions, not inconsistent with the provisions of this  article, relating to the operation of the property.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-9-b > 339-v

§  339-v.  Contents  of  by-laws.  1. The by-laws shall provide for at  least the following:    (a) The nomination and election of a board of managers, the number  of  persons  constituting the same, and that the terms of at least one-third  of the members of such board  shall  expire  annually;  the  powers  and  duties  of  the  board;  the compensation, if any, of the members of the  board; the method of removal from office of members of  the  board;  and  whether  or  not  the  board  may  engage  the  services of a manager or  managing agent or both, and specifying which of the  powers  and  duties  granted  to  the  board by this article or otherwise may be delegated by  the board to either or both of them. Nothing contained herein shall  bar  the  incorporation of the board of managers under applicable statutes of  this state;  such  incorporation  must  be  consistent  with  the  other  provisions of this article and the nature of the condominium purpose.    (b)  Method of calling meetings of the unit owners; what percentage of  the unit owners, if other than a majority, shall  constitute  a  quorum;  and  what  percentage shall, consistent with the provisions of this act,  be necessary to adopt decisions binding on all unit owners.    (c) Election of a president from among the board of managers who shall  preside over the meetings of such board and of the unit owners.    (d) Election of a secretary who shall keep a record wherein actions of  such board and of meetings of the unit owners shall be recorded.    (e) Election of a treasurer who shall keep the financial  records  and  books of account.    (f)  Operation  of  the  property,  payment of the common expenses and  determination and collection of the common charges.    (g) The manner of designation and removal of persons employed for  the  operation of the property.    (h)  Method  of  adopting  and  of  amending  administrative rules and  regulations governing the details of the operation and use of the common  elements.    (i) Such restrictions on  and  requirements  respecting  the  use  and  maintenance  of  the  units  and the use of the common elements, not set  forth in the  declaration,  as  are  designed  to  prevent  unreasonable  interference  with  the  use of their respective units and of the common  elements by the several unit owners.    (j) The percentage of the unit owners, but not less than sixty-six and  two-thirds per cent in number and common interest  except  in  the  case  where  all  units  are  non-residential, which may at any time modify or  amend the by-laws.    2. The by-laws may also provide for the following:    (a) Provisions governing the alienation,  conveyance,  sale,  leasing,  purchase,  ownership and occupancy of units, provided, however, that the  by-laws  shall  contain  no  provision   restricting   the   alienation,  conveyance,  sale,  leasing,  purchase, ownership and occupancy of units  because of race, creed, color or national origin.    (b) Provisions governing the payment, collection and  disbursement  of  funds,  including  reserves, to provide for major and minor maintenance,  repairs, additions, improvements,  replacements,  working  capital,  bad  debts and unpaid common expenses, depreciation, obsolescence and similar  purposes.    (c)  The  form by which the board of managers, acting on behalf of the  unit owners, where authorized by this statute or  the  declaration,  may  acquire and hold any unit and lease, mortgage and convey the same.    (d) Any other provisions, not inconsistent with the provisions of this  article, relating to the operation of the property.