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condo rules

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leebythesea

Junior Member
New York. We live in a condo. When we purchased pets were allowed. We went through a pet committee to get our dog approved which it was. Two years later the board of managers held a general vote of all unit owners and claimed that the vote to ban further pets was approved by a one vote margin. We were to be grandfathered in.
But last fall the board posted a notice that pet owners do not have a replacement right if they lose their pet in any manner. I asked them to reconsider as we chose this building because a dog is important to us. They refused.
Now I have a petitions signed by 37 of the 113 unit owners to have the board conduct a new vote on a pet friendly building. They are threatening to not revisit the matter. The one vote margin suggests the errors could have played a part in the result. I have come upon 3 unit owners who never received a ballot when the vote was held. Two of them rented out their units at the time of the vote. The board is composed of seven owners most of whom are against pets in the building. I have asked them to put their personal feelings aside and conduct a democratic process. Does the board have to honor our petition? Thanks, Lee
 


leebythesea

Junior Member
I only was given what are called by laws. There is nothing about these types of petitions. It only mentions petition as to members may submit a petition for someone to be considered as a candidate to be elected to the position of board member. It mentions 20 as the needed amount. I asked a board member before I petitioned would 20 be enough and she said it should be but that was an informal conversation.
 
Yes, By-Laws are part of the CCR's. You may also find that there was a Public Offering Statement as well as some type of Rules and Regulations that are connected with your Association.

Also, in NY there many State laws that cover Associations. Being your neighbor in NJ, and a Board member, I know that many (not all) of the State laws are mirrored between us. As such, there is bound to be some language in one of these documents that pertain to "By-Law Amendments" and the process for such.

In our By-laws, as required by the Condominium Act, it states that it takes a set number of owners to call for a meeting, and then another set number of unit owners to vote in an Amendment. It even states that the Board is unable to pass Amendments without this set majority of votes. In NY (and NJ) that set number is roughly two-thirds (66 and 2/3 percent) of the unit owners, in order to Amend the By-Laws. Here is what the NY Condo Law requires your By-Laws to define in respect to this subject:

Sec. 339-v. Contents of by-laws.
1. The by-laws shall provide for at least the following:

(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.

(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.

(h): Method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common elements.

If what the Board passed was an Amendment to the By-Laws, it would need more than a one vote margin. However, you didn't say it was an Amendment. As such, they could have simply been polling the owners and then using that to pass a new Rule. Rule changing will also be covered in the By-Laws.

So there is still a lot of unknown information on this. I would suggest that you read this information from the NY AG (http://www.oag.state.ny.us/realestate/condo_prob.html) , read the NY Condo Act, re-read your By-Laws. If the Board erred, let them know (politely). If they refuse to fix their error, ask for an ADR hearing (Alternative Dispute Resolution) or consult a lawyer. If you still need help, call your AGs office and they can direct you to the proper City/State department (if one exists!).

Lastly, since you are willing to meet and greet people, you should consider running for the Board yourself. The crooked cronies tend to behave when they can't fly things under the radar of the watch dogs. Get on the board to keep them honest!

Here is your NY Condo Act (also known as NYS Real Property Law): http://www.tenant.net/Other_Laws/RPL/rpl09b.html

Good Luck and keep us updated!
 

leebythesea

Junior Member
Condo rules

Dear Senior Judge and private person
Thank you so much for your help. I've read the by laws and apparently it's the rules that were changed by the board. I've emailed the Building Manager and requested the CCRs and also the latest Rules and Regulations including changes that were made regarding pets and any instruments that show how those changes were made.

I also emaied the AGs office and asked if Condo Boards had to honor petitions signed by over one third of the total owners.

I appreciate greatly your help. I have no desire to become a board member. I understand what you say about it and it is true. However, I'm not into conflict these days. We are retired and just want to live out our lives with a pet dog and do creative things.
I'm a very reluctant warrior in this matter. I find no pleasure in mental combat. I just want justice.
Thanks again,
Lee
 
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