NYC Condominium Law Change Allows Electronic Unit Owner Meetings

Many condominiums have held virtual unit owner meetings since the start of the pandemic and have found this to be a positive mechanism for unit owner participation. The authority of these meetings is now codified.

On June 30, 2022, Governor Kathy Hochul signed into law Senate Bill S7278B (introduced by State Senator Liz Krueger) which amends Section 339-v of the New York Condominium Law to authorize the council directors of a condominium to organize meetings of unit owners electronically. designate a means of electronic communication as the meeting place. Boards can now choose to hold in-person meetings, virtual meetings, or hybrid meetings, which are meetings that unit owners can attend in person or electronically.

The statute does not specify the modalities of these meetings. For guidance, we turn to the Corporations Act, which governs most corporations in New York, including most cooperative apartment corporations, and which the courts can seek guidance from. The law on commercial companies authorizes boards of directors to implement reasonable measures to provide shareholders who are not physically present at a meeting of shareholders with a reasonable opportunity to participate in the deliberations of the meeting at substantially the same time as these deliberations. Although not certain, we assume that the same would apply to meetings of owners of condominium units under the new amendment.

If you have any questions or would like additional information, please contact your usual AT attorney or one of the authors listed below.

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