2023 New York Laws › GMU - General Municipal › Article 19-A - Business Improvement Districts › 980-M - District Management Association.

§  980-m.  District  management  association.  (a)  There  shall  be a
district management association for each district  established  pursuant
to  the  provisions  of  this  article  (which  shall  pursuant  to  the
not-for-profit corporation law have one or more classes  or  membership,
voting or non-voting) for the purpose of carrying out such activities as
may   be  prescribed  in  the  plan.  Notwithstanding  any  inconsistent
provision of  paragraph  (e)  of  section  six  hundred  eleven  of  the
not-for-profit  corporation  law,  the  certificate  of incorporation or
by-laws of such association shall provide for voting  representation  of
owners of property and tenants within the district, and may provide that
the  votes  of members who are property owners be weighted in proportion
to the assessment levied or to be levied against the  properties  within
the  district,  provided that in no case shall the total number of votes
assigned to any one such member or to any number of such  members  under
common ownership or control exceed thirty-three and one-third percent of
the total number of votes which may be cast.
(b)  The  board  of  directors of the association shall be composed of
representatives of owners and tenants  within  the  district,  provided,
however,  that  not  less than a majority of its members shall represent
owners and  provided  further  that  tenants  of  commercial  space  and
dwelling  units  within  the  district  shall also be represented on the
board. The board shall include, in addition, three members,  one  member
appointed  by  each of the following: the chief executive officer of the
municipality, the chief financial officer of the  municipality  and  the
legislative  body.  Provided,  that in a city having a population of one
million or more, the third additional member shall be appointed  by  the
borough  president of the borough in which the district is located and a
fourth additional member  shall  be  appointed  by  the  council  member
representing  the  council  district  in  which the proposed district is
located, or if the proposed district is located in more than one council
district, the fourth additional member will be appointed by the  speaker
of  the  city  council  after  consultation  with  the  council  members
representing the council districts in which  the  proposed  district  is
located.  The additional three members (four in a city of one million or
more) shall serve as the incorporators of the  association  pursuant  to
the  not-for-profit corporation law. The association may be incorporated
prior to the effective date of any district established pursuant to this
article.
(c) In addition to such other powers as are conferred on  it  by  law,
the  district  management  association  may  make recommendations to the
legislative body with respect to any matter involving or relating to the
district.
(d) For such consideration as it may deem appropriate  and  consistent
with  the  powers  granted  pursuant to section nine hundred eighty-c of
this article, the legislative body may license or grant to the  district
management  association  the  right  to  undertake  or permit commercial
activities or other private uses of the streets or other  parts  of  the
district in which the municipality has any real property interest.
(e)  The  district management association shall give written notice of
meetings to all members of such  association  pursuant  to  section  six
hundred  five  of the not-for-profit corporation law notwithstanding the
eligibility of members of the district management association  to  vote.
The  district management association shall also make available, upon the
request of a member, minutes of such meetings.