Go to a board meeting and register your complaint. Have documentation in the form of photos, videos, etc. to prove that what you're complaining about is accurate. Monitor the results. Repeat if necessary. The board has a legal obligation to make sure that owners follow the CCR's. Be a pest.
An HOA management company can help your board by taking on some (or most) of its day-to-day responsibilities. Unlike volunteer board members, HOA management staff work on a full-time basis. That mean that helping your association is their main focus and they have the time and resources to do the job well.
Homeowners' Associations in New York, or otherwise known as Common Interest Communities, are regulated by the Attorney General's office and must be set up as non-profit organizations. They are governed by NY Not-For-Profit Corporation Law, the Association's Articles of Declaration, and Bylaws.
HOAs have power because the association grants them rights and privileges. An HOA's power comes from the documents that created the association. It gives the HOA the ability to set rules and regulations for the building or community. The documents also give the HOA the ability to enforce those rules.
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).
The Office of the New York State Attorney General (OAG) requires that the sponsor file an offering plan for the homeowners association, and that the sponsor maintain the commitments it made in the offering plan. The OAG's jurisdiction is limited to ownership and maintenance of HOA common property.
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.
It may maintain the road lots, open spaces and other facilities. Additionally, it may regulate the use, maintenance, repair, replacement and modification of common areas and cause additional improvements to be made part of the common areas. However, this right should not contradict with the approved subdivision plan.
You could start an HOA with the homeowners who consent, of course. And you can try to talk all owners into it by explaining the value they will receive. Depending on the facts, it may or may not be a tough sell. Ordinarily, the purpose of an HOA is to restrict what people can do with their properties.
— Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.