Bylaws Of Homeowners Without A Pool In New York
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Choose a Non-HOA Community: The most straightforward way to avoid HOA fees is to buy a home in a neighborhood that does not have an HOA. Negotiate with the HOA: If you already live in an HOA community, you could try negotiating with the board to reduce your fees or request exemptions based on your circumstances.
How close can you build a pool to your home? Local building codes typically require pools to be at least 5 to 10 feet away from the house foundation. Always check your county's regulations for specific requirements.
I am putting an above ground pool on my property, do I need a permit? Yes. There are many different codes that have requirements that you must comply with and the Department of Housing and Buildings is the agency that checks them.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
Key Takeaways: HOAs Cannot Directly Evict Tenants – While HOAs enforce rules and maintain community standards, they cannot directly evict tenants. However, rule violations, unpaid fees, or legal actions initiated by the HOA can impact the property owner, potentially leading to eviction through the landlord.
That said, in New York State, it's required for all swimming pools to be enclosed within a fence or other barrier. The term “swimming pool” means any structure intended for swimming, recreational bathing, or wading that contains or is designed to contain water over 24 inches deep.
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.
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.
In many cases, the fees cover some common utilities, such as water/sewer fees and garbage disposal. The association may also levy special assessments from time to time if its reserve funds are not sufficient to cover a major repair, such as a new elevator or new roof.
