Our initial scan found 3 potential issues in your governing documents.
We checked the 2 public PDFs on Patricia Gardens Owners’s website against current New York and federal HOA law—and more issues may exist depending on the documents you load.
✓Association Bylaws✓Rules & Enforcement Policies+ Add up to 10 PDFs in Full Analysis
Association Bylaws · Article II, Section 3 · Page 1
Permits a shareholder meeting to be deemed validly called without advance statutory notice if a mere quorum is present and post-meeting waivers are obtained, and allows proxy attendance without prior notice to cure defective notice even over a shareholder's objection.
Operative Clause · Article II, Section 3 (Page 1)
“Dispensing with Statutory Shareholder Meeting Notice — The notice provided for in the two foregoing sections is not indispensable and any shareholders' meeting shall be deemed validly called for all…”
Why It’s Flagged
N.Y. Bus. Corp. Law §§ 605(a) & 606
Under N.Y. Bus. Corp. Law § 605(a), written notice of shareholder meetings must be given between 10 and 60 days before the meeting.
Under BCL § 606, attendance only waives notice if the shareholder attends without protesting the lack of notice before the conclusion of the meeting, and unnotified absent shareholders cannot have their statutory right to prior notice dispensed with unless every single unnotified shareholder executes a waiver.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Article II, Section 3 to conform with N.Y. Bus. Corp. Law §§ 605(a) & 606 prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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