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Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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Our association was incorporated under section 402 of the not

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Our association was incorporated under section 402 of the not for profit corporation law in New York State. There are 45 members some of which own more than one parcel of property. Are these members subject to section 611E of the not for profit law limiting them to only one vote even though their dues is based upon the number of parcels they own. Our by-laws allow them to one vote per parcel owned. Our corporation is a type A under section 201 of the not for profit corporation law.
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If the bylaws allow for voting in accordance with their proportionate membership, as do most HOA bylaws, the member would get a vote per parcel. That would fall under the exception in the last line of 611(e).
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