New York Co-op & Condo Statute Quick Reference

A board member’s plain-English cheat sheet for the patchwork of statutes governing New York condos, cooperatives, and HOAs — the Not-for-Profit Corporation Law (NPC), Real Property Law (RPL), Real Property Actions Law (RPA), and the Martin Act offering-plan rules under General Business Law (GBS).

NPC — Not-for-Profit Corporation Law

• §602By-laws — required content for every NY nonprofit corporation, which includes most condo and co-op associations.
• §603Meetings of members — annual meeting required, frequency and time set in the bylaws.
• §605Notice of meeting — 10 to 50 days before any members meeting; mailed or delivered to record holders.
• §608Quorum at meeting of members — bylaws set the threshold; statutory default applies when bylaws are silent.
• §621Books and records; right of inspection — members may inspect with a written demand stating purpose.

RPL — Real Property Law (condominium specifics)

• §339-uBy-laws — how condo by-laws are adopted and amended.
• §339-vContents of by-laws — mandatory elements: board structure, meeting rules, voting, common-charge collection.
• §339-iCommon interest — each unit’s undivided interest in the common elements; drives voting weight and assessment math.
• §339-aaLien for common charges — lien duration and foreclosure procedure for unpaid assessments.
• §339-wBooks of receipts and expenditures — financial records the board must keep and make available to unit owners.

GBS — General Business Law (Martin Act)

• §352-eReal estate syndication offerings — the offering plan that must be filed with the NY Attorney General before sponsor units can be sold.
• §352-eeeConversions to cooperative or condominium ownership — rental-to-co-op conversion requirements (eviction plans).
• §352-eeeeNon-eviction conversion plans — the most common path for co-op/condo conversion; protects existing tenants.

New York Board Meeting Checklist

Notice, quorum, records, and member rights — the operational essentials for a New York condo, co-op, or HOA board. All citations are to the New York statutes; confirm against your governing documents.

Notice Requirements by Meeting Type

• Members meeting10 to 50 days written notice to every record holder (NPC §605). Notice states time, place, and purpose for any vote.
• Special meetingSame 10-to-50-day window as the annual meeting; purpose must be stated and only that purpose can be acted on (NPC §605).
• Board meetingNotice as set in the bylaws (NPC §711). Most NY associations require at least 48 hours for regular board meetings; emergency exceptions allowed.
• Waiver of noticeNotice can be waived in writing before or after the meeting (NPC §606). Attendance alone counts as waiver unless the member objects at the start.
• Action without meetingMembers can act by unanimous written consent (NPC §614); directors can act by unanimous written or electronic consent (NPC §708).

Quorum & Voting

Records, Minutes & Disclosures

• MinutesRequired to record motions, votes, and quorum (NPC §621). Members have inspection rights with written demand stating purpose.
• Books of receiptsCondos must keep books of receipts and expenditures available to owners (RPL §339-w); the same fiduciary duty applies to co-ops via NPC §717.
• Right of inspectionMembers may inspect books and records under NPC §621 with a written demand. Refusal can trigger a court order plus statutory damages.
• Annual financialNPC §519 requires the corporation to make an annual report available; offering-plan-era buildings also have AG disclosure obligations under GBS §352-e.