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New York, NY HOA Rules: Board Procedures (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Reporting frequency
Semi-annual (twice a year)
Who reports
Co-op corporation or condo board of managers
Who receives it
Shareholders and unit owners
What's covered
All deposits and withdrawals
Misdemeanor fine
$100 to $1,000
Civil penalty
$100/day/unit, capped $1,000/unit

Summary

New York City requires a converted building's co-op board or condo board of managers to report to shareholders and unit owners twice a year on every deposit into and withdrawal from the reserve fund the offeror was required to fund at conversion.

The cooperative corporation or condominium board of managers shall report to shareholders and unit owners on a semi-annual basis with respect to all deposits into and withdrawals from the reserve fund mandated by section 26-703 of this chapter.

Source: NY Condominium Act (Article 9-B)View official code

Full Breakdown

Administrative Code § 26-704 is a narrow but binding board-procedure rule aimed at buildings that converted from rental to cooperative or condominium status. Once the offeror's mandatory reserve fund exists under § 26-703, the cooperative corporation or the condominium board of managers must report to shareholders and unit owners on a semi-annual basis, covering all deposits into and all withdrawals from that fund. The requirement applies regardless of building size and does not specify a particular format, but it ties directly to the transparency purpose of the reserve statute: the fund exists exclusively for capital repairs, replacements and improvements necessary for residents' health and safety, so owners are entitled to see, twice yearly, whether the board is drawing it down for that purpose or letting it sit idle.

The reporting duty runs from the point the reserve is established, thirty days after the conversion plan's closing, and continues for as long as the fund exists; the statute does not sunset the obligation after a fixed number of years. Boards that also handle capital-replacement credits under § 26-703(c), where the offeror got credit against its initial contribution for pre-effective-date work, should reflect those adjustments in the same semi-annual accounting so owners can reconcile the fund's stated balance against what was actually contributed at closing.

Violations & Fines

Chapter 8's general penalty provision, Administrative Code § 26-708(a), applies to a board's failure to file the § 26-704 report because that section is not one of the two provisions singled out for the heavier § 26-708(b) penalties. A knowing violation is a misdemeanor punishable by a fine of $100 to $1,000, and any violation also carries a civil penalty of $100 per day per unit, capped at $1,000 per unit, until the required semi-annual report is provided.

Frequently Asked Questions

How often must an NYC co-op or condo board report on the reserve fund?
At least twice a year. Administrative Code § 26-704 requires the cooperative corporation or condominium board of managers to report to shareholders and unit owners on a semi-annual basis on every deposit into and withdrawal from the reserve fund established under § 26-703.
Does this reporting rule apply to every co-op and condo in the city?
It applies to buildings that went through a rental-to-co-op or rental-to-condo conversion covered by Administrative Code Chapter 8, since the reporting duty is tied to the reserve fund that only conversions must establish under § 26-703; buildings built and sold directly as co-ops or condos are outside this specific chapter.
What can shareholders do if the board skips its semi-annual reserve fund report?
The failure exposes the board to enforcement under § 26-708(a): a misdemeanor fine of $100 to $1,000 and a civil penalty of $100 per unit per day, capped at $1,000 per unit, until the report is provided, and shareholders can flag the lapse to the city for enforcement.

Sources & Official References

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