Condominium boards in Dutchess County are governed by NY Real Property Law Article 9-B (RPL §339-d through §339-ii). HOAs and co-ops follow their governing documents plus Not-for-Profit Corporation Law (NPCL) or Business Corporation Law (BCL). Board meetings, notices, and owner record-inspection rights must follow the bylaws and statutory minimums.
Condominiums: RPL §339-v(1)(g) requires recorded bylaws; §339-w(d) allows unit owners to elect the board; §339-w governs meetings, quorum, and voting. Co-ops: BCL governs corporations that own the building; NPCL may apply. HOAs: most organized as NY not-for-profit corporations under NPCL, governed by declaration plus bylaws; annual meetings required under NPCL §603 with minimum 10-day notice. Board meetings typically require notice under bylaws (often 10 days for annual, 48 hours for special). Quorum for boards usually majority of members; for owner meetings, often a third of owners. Record inspection rights: NPCL §621 grants members right to inspect books and records upon written request for proper purpose; BCL §624 similar for co-ops; RPL §339-w provides condo records access. Board breach of fiduciary duty challengeable in NY Supreme Court; Levandusky business judgment rule applies. NY Condominium and HOA Rights Act proposals pending but not enacted.
Failure to hold required meetings: owner derivative action, court-ordered meeting under NPCL §603(b)(2). Record inspection refusal: court order plus attorney fees under NPCL §621. Fiduciary breach: removal of directors, damages, disgorgement.
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