Hoa Bylaws And Covenants In Queens
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The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
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.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
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).
7 Legal Rights for Condo Owners The Right to Access Condo Documents. The Right to Equality and Non-Discrimination. The Right to Notice and Meetings. The Right to Run and Vote During Elections. The Right to Protest. The Right to Disciplinary Hearings and Arbitration. File Legal Action Against the Association.
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.
One of the primary reasons HOA fees might feel high or are on the rise is inflation. The increasing costs of services, labor, and materials place HOAs in a challenging position, often leading them to make tough choices between hiking up assessments or cutting back on services and maintenance.
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 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.
