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 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.
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.