Last year, the Circa Central Park condominium decided to spend $60,000 to make the building’s many windows more visible to birds.  The board decided to add translucent dots to the windows so the birds would see them and not crash.   If this was your condo board, would you get unit owner approval before doing that project?

The answer is in your condo’s declaration and bylaws and should be analyzed before moving ahead and making a board decision, much less hiring a contractor and entering into a contract that the board can’t get out of if the answer to the approval question isn’t what the board thought it was going to be. 

In New York City, condominium boards generally are authorized to maintain, repair and replace the common elements of their buildings, but when it comes to improving them the unit owners typically have to approve before the board can proceed.  A threshold question is whether the windows are even common elements or are they defined as a part of the unit and thus, the windows in the unit owned by each unit owner.  There are parts of the condo’s governing documents that address these issues and other parts that address other ones like whether the board has the authority to spend $60,000 of the unit owner’s money without the unit owners approving.  If the condo doesn’t have the money and has to borrow, there are other parts of the governing documents addressing borrowing authority of the board. 

Another consideration is whether there are ordinances addressing bird-safe building design or window modifications.  In 2019, NYC passed the country’s first comprehensive collision-proofing legislation, requiring builders to use bird-friendly material in all new construction and large renovations.  The NYS lawmakers are trying to pass a law (“Feathered Lives Also Count”) requiring bird-friendly material to be used in more buildings throughout NYS.   

Counsel can advise the board on its authority and how all of this may impact board decision making. If the board has to first obtain unit owner approval, the board will be armed with sound advice so that it can achieve desired results. 

Failing to obtain owner approval for improvements may lead to legal ramifications for the condominium board. Unit owners who disapprove of an improvement or spending without proper authorization, may take legal action against the board, potentially resulting in financial damages or injunctions against the project.