Assembly Bill A4789

2023-2024 Legislative Session

Establishes a residential condominium owner's bill of rights

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A4789 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
General Business Law
Laws Affected:
Add §352-eeeee, Gen Bus L; add §708-a, BC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4946
2011-2012: A7716
2013-2014: A8971
2015-2016: A3513
2017-2018: A5816
2019-2020: A3254
2021-2022: A2387

2023-A4789 (ACTIVE) - Summary

Enacts a bill of rights for owners of residential condominium units to provide fair and equitable treatment of all unit owners; directs the attorney general to promulgate a handbook summary of the rights of unit owners vis-a-vis condominium associations and the procedures and processes available to unit owners to enforce such rights.

2023-A4789 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4789
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the general business law and  the  business  corporation
   law, in relation to enactment of a residential condominium and cooper-
   ative owner's bill of rights

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 352-eeeee to read as follows:
   § 352-EEEEE. RESIDENTIAL  CONDOMINIUM  OWNER'S  BILL  OF  RIGHTS.  THE
 ORGANIZATIONAL  AND OPERATING DOCUMENTS OF EVERY RESIDENTIAL CONDOMINIUM
 ESTABLISHED OR OPERATING PURSUANT TO THE LAWS OF THE STATE SHALL GUARAN-
 TEE THE FOLLOWING TO EACH UNIT OWNER:
   1. THAT (A) ALL APPLICATIONS BY UNIT OWNERS IN CONNECTION WITH MATTERS
 WHICH REQUIRE APPROVAL OF THE BOARD OF MANAGERS AND (B) ALL REQUESTS FOR
 DETERMINATIONS BY THE BOARD OF MANAGERS INCLUDING  BUT  NOT  LIMITED  TO
 REQUESTS  FOR  THE  RESOLUTION OF DISPUTES BETWEEN OR AMONG UNIT OWNERS,
 DISPUTES BETWEEN UNIT OWNERS AND THE  CONDOMINIUM  ASSOCIATION  SUCH  AS
 DISPUTES  CONCERNING  RESPONSIBILITY FOR REPAIRS SHALL BE PROCESSED IN A
 REASONABLY EXPEDITIOUS MANNER PURSUANT TO UNIFORM PROCEDURES AND TIMETA-
 BLES ADOPTED IN WRITING.  THE BOARD'S DECISION SHALL BE IN  WRITING  AND
 SHALL  SET  FORTH  THE  REASONS THEREFOR, EXCEPT THAT NO REASON SHALL BE
 REQUIRED WHEN APPROVAL IS GRANTED.
   2.  THAT THE FINAL RESULTS OF ELECTIONS  FOR  THE  BOARD  OF  MANAGERS
 INCLUDING A TALLY OF THE VOTES RECEIVED BY EACH CANDIDATE SHALL BE POST-
 ED  WITHIN  ONE BUSINESS DAY FOLLOWING THE AVAILABILITY OF SUCH INFORMA-
 TION IN A PROMINENT PLACE ACCESSIBLE TO ALL UNIT OWNERS IN EACH BUILDING
 COMPRISING THE CONDOMINIUM.
   3. THAT THE BOARD OF MANAGERS SHALL CALL A MEETING TO FILL ANY  VACAN-
 CIES  WHICH  OCCUR  ON SUCH BOARD WITHIN SIXTY DAYS OF THE OCCURRENCE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08830-01-3
 A. 4789                             2
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.