In November 2009, this column highlighted measures taken by federal and state legislatures and courts which recognized the emerging importance of electronic communication and permitted co-op and condominium communications to be brought into the electronic era.1 However, in New York, both the law and co-op and condominium governing documents continue to lag behind innovation in technology. Therefore, there is currently great uncertainty as to whether notices of board and apartment owner meetings sent by email are sufficient to fulfill the notice requirements imposed by co-op and condominium governing documents. Importantly, this uncertainty may call into question not only the validity of email-noticed meetings themselves, but the enforceability of determinations made and action taken at such meetings.
Yet, boards and courts continue to struggle with reconciling the increased prevalence of electronic communication with outdated or inadequate statutes and organizational documents. This column analyzes relevant New York statutes and recent case law, which underscore the unpredictability of reliance on electronic notification when such delivery method is not provided for in the co-op or condominium’s governing documents.2
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