To dissolve a homeowners association (HOA) in New York, the board must follow state law. This involves a majority vote from homeowners, fulfilling any obligations from the HOA's governing documents. Moreover, they might need to notify the New York State government.
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.
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.”
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.
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).
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.