New York Articles of Incorporation of Homeowners Association

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A nonprofit corporation is one that is organized for charitable or benevolent purposes. These corporations include certain hospitals, universities, churches, and other religious organiza¬tions. A nonprofit entity does not have to be a nonprofit corporation, however. Nonprofit corporations do not have shareholders, but have members or a perpetual board of directors or board of trustees.

A Home Owners Association is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving maintaining and enhancing their homes and property. Most homeowners' associations are non-profit corporations. They are subject to state statutes that govern non-profit corporations and homeowner associations. The associations provide services, regulate activities, levy assessments, and impose fines. Usually, each member of a homeowners association pays assessments. Those assessments or dues are used to pay for expenses that arise from having and maintaining common property.

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FAQ

Ing to real-estate website Trulia, which examined HOA fees for the priciest 10% of homes on the market, the median fee in the New York City area is $1,566 a month, or almost 2½ times the national median.

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 other words, HOA rules cannot override state or federal laws, nor can they contradict the city or county ordinances that govern the area in which the HOA is located.

Finally, is an HOA considered a local government? No?HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.

HOA fees are charges levied on owners of many condominiums, co-ops, and certain neighborhoods. These fees cover the maintenance and upkeep of common areas such as shared hallways, elevators, lobbies, and parking lots. It will also usually cover snowplowing, gardening, and damage to common areas.

How to Get Out of an HOA Sell your house. When an HOA becomes an unpleasant presence in your life, the simplest thing to do may be to sell your house and leave. ... Invoke a de-annexation clause. ... Wait for the HOA or membership to end. ... Grandfather out. ... Organize to dissolve the HOA.

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.

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.

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New York Articles of Incorporation of Homeowners Association