The condo Board gets what's called the “right of first refusal.” But does this mean a condo Board can reject anyone without a fair or justified reason? Most definitely not. The Board cannot make any rejection without its presence being noted in the bylaws.
The inium Act is the New York State law which governs the establishment of iniums. The decisions made by courts in cases involving the inium Act are the case law which interprets the statute.
Finally, condo owners have the right to take legal action against other condo owners or the condo association itself. When board members or condo owners fail to comply with the condo bylaws, regulations, or state or federal laws, you have a right to bring a lawsuit against them for damages or injunctive relief.
To have a pleasant condo living experience, keep in mind these 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.
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.
Inium is a Latin word that means "Owning property together." That's what it is like when someone buys a condo unit. They have an "interest" in the land beneath the building, but the building's association owns the actual land.
Condo Owner Rights: The Right to Protest When board members fail to meet their fiduciary duties, condo members can remove the board members who are abusing their authority. Condo owners also have the right to protest any regulations that are discriminatory, unfair, or onerous.
In condo remodeling, removing a wall often tops the list of significant alterations. Although potential wall removal is generally possible, any alteration that might affect the structural integrity of the building requires HOA board approval.