New York S 1177: Requires driver responsibility assessments to be assessed and billed to a driver within three years of the date of the traffic infraction that resulted in the assessment

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S01177 Summary:

BILL NOS01177 

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SAME ASNo Same As

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SPONSORMATTERA

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COSPNSR

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MLTSPNSR

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Add Art 16 §§500 & 501, RP L

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Enacts provisions governing the transition of control of certain homeowners' associations; requires owner election of board members upon the occurrence of certain events, including the conveyance of title to 90% of the parcels in the community.

Go to top S01177 Actions:

BILL NOS01177 

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01/08/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS01177 Committee&nbspVotes:

Go to topS01177 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS01177 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1177

 2025-2026 Regular Sessions

 IN SENATE

 January 8, 2025
 ___________

 Introduced by Sen. MATTERA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the real property law, in relation to transition of
 control of certain homeowners' associations

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The real property law is amended by adding a new article 16
 2 to read as follows:
 3 ARTICLE 16
 4 TRANSITION TO HOMEOWNERS' ASSOCIATION CONTROL
 5 Section 500. Transition to homeowners' association control.
 6 501. Definitions.
 7 § 500. Transition to homeowners' association control. 1. Homeowners,
 8 other than the real estate developer of a residential housing community
 9 are entitled to elect at least a majority of the members of the board of
 10 directors of the homeowners' association when the earlier of the follow-
 11 ing events occurs:
 12 (a) three months after ninety percent of the parcels in all phases of
 13 the residential housing community that will ultimately be operated by
 14 the homeowners' association have been conveyed to members other than the
 15 developer;
 16 (b) such other percentage of the parcels has been conveyed to members,
 17 or such other date or event has occurred, as is set forth in the arti-
 18 cles of incorporation and bylaws of the homeowners' association in order
 19 to comply with the requirements of any governmentally chartered entity
 20 with regard to the mortgage financing of parcels;
 21 (c) upon the developer abandoning or deserting its responsibility to
 22 maintain and complete the amenities or infrastructure as disclosed in
 23 the articles of incorporation and bylaws of the homeowners' association.
 24 There is a rebuttable presumption that the developer has abandoned and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03711-01-5

 S. 1177 2

 1 deserted the property if the developer has unpaid assessments or guaran-
 2 teed amounts a period of more than two years;
 3 (d) upon the developer filing a petition seeking protection under
 4 chapter seven of the federal bankruptcy code;
 5 (e) upon the developer losing title to the property through a foreclo-
 6 sure action or the transfer of a deed in lieu of foreclosure, unless the
 7 successor owner has accepted an assignment of developer rights and
 8 responsibilities first arising after the date of such assignment; or
 9 (f) upon a receiver for the developer being appointed by a circuit
 10 court and not being discharged within thirty days after such appoint-
 11 ment, unless the court determines within thirty days after such appoint-
 12 ment that transfer of control would be detrimental to the association or
 13 its members.
 14 2. (a) Members of a homeowners' association, other than the developer,
 15 are entitled to elect at least one member of the board of directors of
 16 the homeowners' association if fifty percent of the parcels in all phas-
 17 es of the residential housing community which will ultimately be oper-
 18 ated by the association have been conveyed to members other than the
 19 developer. For purposes of this section, the term "members other than
 20 the developer" shall not include builders, contractors, or others who
 21 purchase a parcel for the purpose of constructing improvements thereon
 22 for resale.
 23 (b) The developer is entitled to elect at least one member of the
 24 boar