By Raanan Geberer
New York’s co-ops and condos are both governed by a multitude of laws and rules. For co-ops, the
primary governing documents are the bylaws and the proprietary lease. For condos, they are the
condominium declaration and, once again, the bylaws. In addition, both types of developments have
rules and regulations, or house rules.
In addition, co-ops and condos, like everything else, are governed by laws. In New York State, co-ops
are covered under the Business Corporation Law. Condos, on the other hand, are covered by the New
York Condominium Act. There are also other housing-related statutes that cover dwellings of all
types.
Laws are passed by the state Legislature (the Assembly and the state Senate) at the state level, or by
the City Council at the city level. House rules and amendments to a building’s governing documents
are generally set by the co-op or condo board, although the board may decide to take a particular
issue to a referendum at times. Since life in New York City and its suburbs is so complicated, it follows
that there are times when laws and rules and/or governing documents, on one hand, and laws, on the
other, may conflict with each other.
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