Condominium Bylaws Condo With Lazy River In New York
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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.
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.
Upon application made in ance with the requirements of this section, the Department of Law may, in its discretion, issue a "no-action letter" stating that it will not take enforcement action based on the transaction described in the application occurring without the filing of an offering plan pursuant to section ...
Section 339-s of the New York State Real Property Law requires any inium Declaration, and any amendment thereof, to be filed with the New York Department of State.
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.
Ideally, if no other resident wishes to run for a position on the board, the current board members can continue to serve in the interim. But, if the current board members also refuse to serve and choose to resign from their posts, the only other option is to petition a court to appoint a receiver.
The bylaws go into detail about individual roles, terms, how to elect the President, and may list board powers one by one. The Declarations define the use and occupancy rules of the units and common areas. Condo bylaws outline the remedies for breach of these rules.
