Hamill v. Elmwood Park Homeowners Association, Inc.
Richmond County · NY · New York Supreme Court, Appellate Division, Second Department
Member win · elections-meetings
What happened
Homeowners sued Elmwood Park HOA and its management company to compel a board election under articles VII and VIII of the bylaws rather than an informal/amended process the association was using. Supreme Court, Richmond County, granted summary judgment compelling a rescheduled election meeting under those bylaw articles. After reargument, the court adhered to that determination. The Second Department affirmed (June 27, 2012).
What the court (or agency) held
The Appellate Division affirmed an order compelling Elmwood Park to reschedule a board election under articles VII and VIII of its bylaws. The plaintiffs showed the bylaws had never been properly amended to authorize the association's alternate election practices, so the written bylaw election procedures controlled.
Why this matters for members
Election shortcuts that ignore unamended bylaw articles can be corrected by court order compelling a compliant election. Management companies joined as defendants still face affirmance when bylaw compliance is clear.
What the member did
Moved for summary judgment compelling a bylaw-compliant election meeting and defended the order on appeal.
Questions for the board
- Do our current election practices match the election articles in the recorded/adopted bylaws?
- If bylaws were supposedly amended, can we produce the amendment vote and recording/adoption proof?
- What notice and nomination procedures do articles VII/VIII (or our equivalents) require?
Questions for a lawyer
- How do we prove bylaws were or were not validly amended under New York not-for-profit/HOA rules?
- What summary-judgment showing compels a rescheduled election?
- Should management companies be named, and what relief is appropriate against them?
Citation
Hamill v. Elmwood Park Homeowners Association, Inc., 96 A.D.3d 1009, 2012 NY Slip Op 05142 (2d Dep't 2012) (2012-06-27). New York Supreme Court, Appellate Division, Second Department. Outcome chip: member_win. Source: http://www.nycourts.gov/reporter/3dseries/2012/2012_05142.htm
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.