To comply with New York law, there are three primary pathways to establish an HOA: obtaining a no-action letter under 13 NYCRR Section 22.8, utilizing the Cooperative Policy Statement No. 7 (CPS-7), or filing an offering plan pursuant to 13 NYCRR Part 22 (Part 22).
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
In New York, homeowners' associations (HOAs) bear the responsibility for the maintenance and upkeep of common areas. These areas are vital as they provide communal benefits and amenities to the residents of the community.
No limit on how much your landlord can increase your rent. However, your landlord must give you advanced written notice before they can raise your rent 5% or more. advance written notice. This applies to month-to-month tenants without a lease as well.
In conclusion, as a tenant without a lease agreement, you still have rights and protections under the law. Your landlord has the obligation to provide a safe living environment, make necessary repairs, provide basic utilities, and follow eviction laws.
If you do not have a written lease, or your lease expired and you don't live in rent regulated housing, the landlord/owner may be able to go to court to evict you even if you did not do anything wrong. It is the landlord/owner's right to evict you without a reason.
You can stay in a New York City apartment for 90 days without paying rent before the landlord can initiate eviction proceedings against you. This does not mean that that the landlord will take no action prior to the 90-day mark; there are several steps leading up to the eviction notice.