Hoa Rules For Common Area In New York
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HOA Fees and Assessments Homeowners associations levy HOA fees to cover common expenses. These fees are typically set annually and can change based on the association's budget and financial needs. They fund everyday operations, maintenance, and reserves for future expenses.
A common element is defined as all portions of the property except the units. Examples of common elements include fitness centers, elevators, lobbies, walkways, lighting in common hallways, garbage collection areas, swimming pools, landscaping, club houses, and more.
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.
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.
Homeowners associations levy HOA fees to cover common expenses. These fees are typically set annually and can change based on the association's budget and financial needs. They fund everyday operations, maintenance, and reserves for future expenses.
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.
The New York State laws provide a legal framework for the creation, organization, and enforcement of HOAs. The governing documents of an HOA typically include the Articles of Incorporation, Bylaws, and the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
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.
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.
