2023 New York Laws › RPP - Real Property › Article 9-B - Condominium Act › 339-V - Contents of By-Laws.

§  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) Methods 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
section,  be  necessary  to  adopt decisions binding on all unit owners.
Meetings of unit owners may be held at such physical  place  as  may  be
fixed  by or under the by-laws, or if not so fixed, as determined by the
board of managers. Provided, however, 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.
Nothing  contained  in this paragraph shall prohibit a board of managers
from holding a meeting at a physical place and allowing unit owners  the
option  of  attending  such  meeting either at such physical place or by
means of electronic communication.
(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.