Condominium Bylaws Condo Association With Hoa In New York
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FAQ
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.
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.
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.
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.
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.
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.
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.
