Section 339-v requires the by-laws to provide for the nomination and election of the board of managers, with the terms of at least one-third of the board's members expiring annually so the board is staggered rather than replaced all at once, plus the board's powers, duties, compensation, and removal process. It also requires the by-laws to set the method of calling meetings, what percentage of owners constitutes a quorum if other than a majority, and what percentage is needed to adopt decisions binding on all unit owners. Meetings can be held at whatever physical place the by-laws or the board fix, and the board may choose to hold a meeting solely or partly by electronic communication, in which case the platform itself counts as the meeting's place, as long as owners still get the option to attend in person when a physical meeting is also offered.
Notice the gap: New York doesn't set a fixed statewide notice period or quorum percentage the way some other states' HOA statutes do. That's on your building's own by-laws. So a challenge to a New York condo election or vote almost always starts with 'did the board follow its own recorded by-laws,' not a statewide statutory notice clock. Section 339-v also requires the by-laws to provide for a president who presides over meetings, a secretary who keeps the record of board and owner meetings, and a treasurer who keeps the financial books, so if minutes go missing, that's a named officer's statutory job you can point to.
The 66-2/3 percent supermajority and how 'majority' gets calculated
Section 339-v also fixes a real check on board power over governance itself: amending the by-laws takes at least 66-2/3 percent of unit owners, in both number and common interest, except in an all-nonresidential condominium. That's a supermajority the board can't manufacture with a simple majority vote. And § 339-e defines 'majority' with more nuance than one-owner-one-vote: it can mean more than 50 percent in common interest, more than 50 percent in number of units, or both, depending on what the declaration or by-laws specify for a given matter. Before any contested vote, pin down which formula actually applies to that vote, because it's rarely as simple as counting heads.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
N.Y. Real Prop. Law § 339-v
Requires the by-laws to set board nomination and election with staggered one-third terms, meeting notice method, quorum, and the voting percentage for binding decisions, and fixes the 66-2/3 percent threshold to amend the by-laws.
N.Y. Real Prop. Law § 339-e
Defines 'majority' of unit owners as more than 50 percent in common interest, more than 50 percent in number of units, or both, depending on what governs the particular vote.
N.Y. Real Prop. Law § 339-u
Requires by-law amendments to be recorded as amendments to the declaration before they're valid, so a claimed rule change should be checked against the recorded document.
Step by step
How to hold your New York condo board accountable at meetings and votes
The by-laws-first path to check notice, quorum, and voting defects in a New York condo, since the statute puts these details in your own recorded documents.
- 01
Pull your actual by-laws' meeting rules
Section 339-v requires the by-laws, not the statute, to set notice method, quorum, and the voting percentage for binding decisions. Read your specific by-laws before assuming a generic rule applies.
- 02
Confirm which 'majority' formula governs the vote
Section 339-e defines majority three possible ways: common interest, unit count, or both. Check your declaration and by-laws for which one applies to the vote in question.
- 03
Check board terms and staggering
Section 339-v requires at least one-third of the board's seats to be up for election annually. An election plan that ignores this staggering can be challenged.
- 04
Object in writing to improper electronic-only meetings
If the board holds a meeting solely by electronic communication without ever offering a physical-attendance option where one was also held, or the platform isn't reasonably accessible, raise the defect in writing and ask that it be noted in the minutes.
- 05
Check the 66-2/3 percent threshold before any by-law change
If the board claims to have amended the by-laws, including anything affecting voting, fines, or dues, on a bare majority, § 339-v requires at least 66-2/3 percent in both number and common interest. A shortfall is a real defect.
Straight answers
Common questions
Does New York law require a minimum number of days' notice before a condo meeting?
Not directly. Section 339-v puts that requirement on your own by-laws, requiring them to establish methods of calling meetings, but the specific notice period comes from your building's recorded document, not a statewide statutory number.
Can the board just hold meetings over video with no in-person option?
The board may choose to hold a meeting solely or partly by electronic communication under § 339-v, and the platform then counts as the meeting's place. But if a meeting is also held at a physical location, owners must have the choice of attending either in person or electronically.
How is 'majority' calculated for a condo vote?
Section 339-e defines majority as more than 50 percent in common interest, more than 50 percent in number of units, or both, whichever the declaration or by-laws specify for that vote. It's rarely a simple one-owner-one-vote count.
Can the whole board be up for election in the same year?
Not under a by-laws-compliant staggered board. Section 339-v requires that the terms of at least one-third of the board expire annually, so replacing the entire board in a single election cycle wouldn't match that structure.
What percentage does it take to change the by-laws, including a fine or dues schedule?
At least 66-2/3 percent of unit owners, in both number and common interest, under § 339-v, except in a condominium where all units are non-residential.