Board Resolution Checklist: Local Law 97 for Co-ops and Condos

Three people at a conference table reviewing printed board packets in a residential building meeting room

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Last verified: August 22, 2026. By Will Tygart. Written for co-op and condo boards and the managing agents who serve them. Not legal advice — counsel and a Registered Design Professional (RDP) finalize language and pathway calls.

Co-op and condo Local Law 97 work usually dies in governance before it dies in engineering: unclear authority, unfunded mandates, a late RDP, and a pathway decision nobody minuted. This checklist is the meeting-ready spine. Pair it with the live co-op and condo LL97 playbook and the $268-per-ton calculator.

2026 filing clock (do not skip this)

NYC Accelerator and DOB still run the same three-step file: pay the fee in DOB NOW, share energy data in ENERGY STAR Portfolio Manager, then submit in BEAM with an RDP. The annual report is due May 1, with a 60-day grace period through June 30. For 2026, buildings that need more time may apply in BEAM by June 30 for a $60 extension that runs through August 29, 2026. Missing the file is a different (and often worse) problem than being over cap.

Confirm your building is on DOB’s Covered Building List before you argue pathway folklore in the hallway.

Pre-meeting packet (managing agent / president)

Latest ENERGY STAR Portfolio Manager property type(s) and gross floor area assumptions
Dual-period calculator printout (current period vs 2030)
Filing status: submitted / in grace / extension / not started
RDP engagement letter status and fee range
Reserve study excerpt (energy / capital)
Pathway status if anyone is talking Article 320 vs 321 — with evidence, not rumor
Vendor list: energy, facade, HVAC, filing consultant

Resolution themes to draft (counsel finalizes language)

1. Authority and roles

Designate a board officer and a managing-agent owner for LL97
Authorize spend up to a named dollar amount for RDP / filing without reopening the full board on every invoice (with reporting)
Require monthly compliance status in the board package through filing season

2. Filing-season actions

Authorize timely filing or the extension application under current DOB rules
Authorize portal fees and access (BBL/BIN; credentials held by the agent with board visibility)
Require confirmation that submission artifacts are stored in board records

3. Data quality

Direct the agent to reconcile utility data and Portfolio Manager anomalies before sign-off
Require a written explanation of any mixed-use factor weighting

4. Capital and 2030

Commission or update an energy master plan aimed at 2030 limits
Tie major HVAC / envelope projects to intensity outcomes
Schedule owner communications on future assessments if CapEx is material

5. Pathway and special situations

Document pathway analysis (rent-regulated share, Article 320 vs 321) with counsel and the RDP
Minute the decision and the evidence relied on

6. Vendors and continuity

Require vendors to provide documentation suitable for good-faith / audit files
Align the emergency vendor list with who shows up if systems fail mid-retrofit

Sample 30-minute agenda block

Status (5) — filing clock
Numbers (10) — calculator plus 2030 gap
Decisions (10) — spend authority, RDP, extension yes/no
Owner message (5) — what shareholders hear this month

Red flags

No RDP on the calendar inside filing season
“We’ll use last year’s PDF” without a data refresh
Capital talk with no intensity target
Pathway folklore without written analysis

After the vote

Store the resolution and exhibits in the board portal
Confirm the June 30 / extension owners on the calendar
Schedule a post-filing retrospective: what broke in data or vendors

Related on BCESG

Primary sources checked this pass: NYC Accelerator LL97 page (coverage, Article 320 vs 321, 2026 extension), NYC DOB LL97 greenhouse gas reductions page, and the live BCESG co-op playbook.

BC ESG

ESG Strategy, Sustainability Intelligence, and Business Continuity for Forward-Thinking Organizations