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New York Condominium Associations and Co-Ops: Holding Meetings and Social Distancing
By April 2, 2020 Posted in Community Association Law Share
As the spread of COVID-19 continues, many Condominium Associations and Co-op Boards are left asking themselves how they are supposed to handle Association matters efficiently while continuing to obey Local, State, and Federal mandates to practice social distancing. For Associations in New York, Governor Cuomo’s Executive Order No. 202.8 provides a lifeline that Community Association Boards can use in order to conduct business and hold meetings.
Governor Cuomo’s Executive Order No. 202.8 continues temporary suspensions of laws in light of the COVID-19 Pandemic. Among the mandates of this Order, Governor Cuomo temporarily suspends “[s]ubsection (a) of Section 602 and subsections (a) and (b) of Section 605 of the Business Corporation Law, to the extent they require meetings of shareholders to be noticed and held at a physical location.” For reference, Sections 602 and 605 of the New York Business Corporation Law provide several mandates as to annual meetings of corporate shareholders, as well as providing notice of any meetings.
This suspension applies regardless of whether an Association’s governing documents handle virtual communications or not. This order is effective through April 19, 2020, and may be subject to an extension by the Governor’s Office. It is important to note that even though many provisions of the New York Business Corporation Law apply only to certain Community Associations, the Governor’s Executive Order likely applies to Condominium Associations as well, and should be followed by Condo Boards and co-ops alike.
Given this Order, please continue to apply social distancing orders to any Board matters that you and your Board may be required to handle during this time. Our office is happy to attend any virtual meetings, and we can assist setting these meetings up for our clients through our virtual platform. For any further information regarding the COVID-19 pandemic and how it could affect your Association, please contact our office.
The information in this Client Alert is provided solely for information purposes. It should not be construed as legal advice on any specific matter and is not intended to create an attorney-client relationship. The information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based upon particular circumstances. Each legal matter is unique, and prior results do not guarantee a similar outcome.
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