Cooperative & Homeowners Association Law Firm

VIRTUAL ANNUAL MEETINGS

Virtual annual meetings are now a permanent fixture in NY. 

During the Covid-19 pandemic, Community Boards for, Co-ops and Homeowners’ Associations relied heavily on virtual platforms to stay connected, informed and conduct their business. Now, Governor Hochul has signed into law a bill, pursuant to a temporary Executive Order originally set to expire on December 31, 2021, that eliminates the requirement of in-person meetings in a physical location.

The new law, which amends the Business Corporation Law and the Not for Profit Corporation Law, allows members “to participate in in-person meetings via electronic communications, or for meetings of members to take place solely via electronic communications, at the discretion of the board of directors.” This allows Boards to conduct meetings from anywhere, without having to physically assemble in one common place.

Continue reading “VIRTUAL ANNUAL MEETINGS”

STILL HAVEN’T HELD YOUR ELECTIONS? CONSIDER THE RISKS OF CONTINUED DEFERMENT

For many Boards, the Covid-19 pandemic has thrown a monkey wrench into governance efforts, particularly with holding annual meetings and elections.

In New York, amendments to the Business Corporation Law and the Not-for-Profit Corporation Law temporarily allowing annual meetings via Zoom or other electronic platforms were signed into law.  But what about those Boards who still haven’t had their annual meeting or election despite the electronic meeting provisions?  It is time to get back on track because failure to do so could leave you exposed to potential litigation brought by individual members or shareholders seeking to compel the Board to hold an annual meeting and/or election. Continue reading “STILL HAVEN’T HELD YOUR ELECTIONS? CONSIDER THE RISKS OF CONTINUED DEFERMENT”

Board Member E-mails

While e-mail has become one of the most common and preferred means of communication, it may not always be the wisest or safest method for board members of community associations. At the very least, certain precautions need to be taken.

First and foremost, boards should not be making decisions and taking votes by e-mail. Decisions need to be made at a board meeting. A decision made by e-mail, if challenged, will likely not be upheld in a court of law. The only instance when an e-mail vote might have some validity would be in an emergency situation, where an issue arises that could not have been anticipated and requires immediate attention. Any such decision should be confirmed in the minutes of the next board meeting – ideally held soon after the vote. Even under such circumstances, a conference call of the board members would be preferable to an e-mail decision. Continue reading “Board Member E-mails”

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