This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Property Owners Association Bylaws With Secretary Of State In Suffolk
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State:
Multi-State
County:
Suffolk
Control #:
US-00444
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Word;
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FAQ
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
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 best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
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).
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.
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.