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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.
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.
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.
As a result of this duty, in particular, HOAs have the right to deny or approve real estate transactions in their community. In particular, HOA and Condo Owners Association (COA) laws in Florida allow the associations wide-reaching capabilities to either approve or disapprove rental or purchasing contracts.
— 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.
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.
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.
Property taxes in NYC are either collected semi-annually or quarterly, and it's determined by the tax amount: Semi-annually for more than $250,000 in property taxes and quarterly for less than $250,000 in property taxes. Neither HOA fees nor condo common charges covers property taxes.
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.