§ 980-M — District management association

§ 980-m. District management association. (a) There shall be a\ndistrict management association for each district established pursuant\nto the provisions of this article (which shall pursuant to the\nnot-for-profit corporation law have one or more classes or membership,\nvoting or non-voting) for the purpose of carrying out such activities as\nmay be prescribed in the plan. Notwithstanding any inconsistent\nprovision of paragraph (e) of section six hundred eleven of the\nnot-for-profit corporation law, the certificate of incorporation or\nby-laws of such association shall provide for voting representation of\nowners of property and tenants within the district, and may provide that\nthe votes of members who are property owners be weighted in proportion\nto the assessment levied or to be levied against the properties within\nthe district, provided that in no case shall the total number of votes\nassigned to any one such member or to any number of such members under\ncommon ownership or control exceed thirty-three and one-third percent of\nthe total number of votes which may be cast.\n (b) The board of directors of the association shall be composed of\nrepresentatives of owners and tenants within the district, provided,\nhowever, that not less than a majority of its members shall represent\nowners and provided further that tenants of commercial space and\ndwelling units within the district shall also be represented on the\nboard. The board shall include, in addition, three members, one member\nappointed by each of the following: the chief executive officer of the\nmunicipality, the chief financial officer of the municipality and the\nlegislative body. Provided, that in a city having a population of one\nmillion or more, the third additional member shall be appointed by the\nborough president of the borough in which the district is located and a\nfourth additional member shall be appointed by the council member\nrepresenting the council district in which the proposed district is\nlocated, or if the proposed district is located in more than one council\ndistrict, the fourth additional member will be appointed by the speaker\nof the city council after consultation with the council members\nrepresenting the council districts in which the proposed district is\nlocated. The additional three members (four in a city of one million or\nmore) shall serve as the incorporators of the association pursuant to\nthe not-for-profit corporation law. The association may be incorporated\nprior to the effective date of any district established pursuant to this\narticle.\n (c) In addition to such other powers as are conferred on it by law,\nthe district management association may make recommendations to the\nlegislative body with respect to any matter involving or relating to the\ndistrict.\n (d) For such consideration as it may deem appropriate and consistent\nwith the powers granted pursuant to section nine hundred eighty-c of\nthis article, the legislative body may license or grant to the district\nmanagement association the right to undertake or permit commercial\nactivities or other private uses of the streets or other parts of the\ndistrict in which the municipality has any real property interest.\n (e) The district management association shall give written notice of\nmeetings to all members of such association pursuant to section six\nhundred five of the not-for-profit corporation law notwithstanding the\neligibility of members of the district management association to vote.\nThe district management association shall also make available, upon the\nrequest of a member, minutes of such meetings.\n