STATE LAWS AND REGULATIONS

  • New York Real Property Law (RPL), N.Y. Real Prop. Law §§ 1 through 602: The RPL includes numerous provisions governing the management, powers, and operation of real property in New York.

  • New York Condominium Act, N.Y. Real Prop. Law §§ 339-D through 330-LL: The Act governs the formation, management, powers, and operation of condominium associations formed under the Act. Most condominiums in New York are unincorporated associations formed under the Act.

    • Board of Managers of Village View Condominium v. Forman, 78 AD 3d 627 - NY: Appellate Div., 2nd Dept. 2010. Upon the filing of a declaration (see Real Property Law § 339-n), a condominium is subject to the jurisdiction of the Condominium Act (see Real Property Law § 339-f).

  • Homeowners’ Association Law: New York does not have a specific statute governing homeowners’ associations. However, if an association is organized as a non-profit, it will be governed by the New York Non-For-Profit Corporation Law. To the extent an association’s activities implicate any consumer protection statutes, the association is subject to the enforcement power of the New York Attorney General.

  • New York Real Property Actions and Proceedings Law (RPAPL): The law includes numerous provisions governing the actions related to real property in New York, including condominiums and homeowners’ associations. The RPAPL specifically establishes standards applicable to adverse possession, action to recover real property, special proceedings by tenants of dwellings, action to foreclose a mortgage, and enforcement of covenants and easements, among other actions and proceedings.

  • New York Not-For-Profit Corporation Law, NPCL §§ 101 et. seq.: The law governs non-profits with regard to corporate structure and procedure. If an association is a non-profit, as is the case with most New York associations, it will be governed by the Act. Visit the New York State Divisions of Corporations to find the corporate status of an association.

  • New York Business Corporation Law, N.Y. Bus. Corp. §§ 101 et. seq.: The law provides a legal framework relating to the formation and operation of New York corporations. Most New York cooperative associations are organized under the Business Corporation Law and must abide by its provisions.

  • New York Cooperative Corporations Law (CCO), N.Y. CooP. Corp. Law §§ 1-134, governs cooperative corporations organized under the statute. Cooperative corporations formed under this chapter are also subject to the Business Corporation Law ( CCO § 5). Sub-section (b) outlines provisions of the business corporation law that do not apply to cooperative corporations.

FAIR HOUSING LAWS

SERVICE & ASSISTANCE ANIMALS

Federal and New York non-discrimination laws prohibit public facilities and housing providers (including condominium, cooperative, and homeowners’ associations) from discriminating against individuals with disabilities and their animals, even if “no pet” policies or rules are in place.

Federal laws

The law also prohibits the imposition of any direct or indirect charge against an individual with a disability for the admittance of a guide dog, hearing dog, or service dog. N.Y. Civ. Rights Law § 47-b(2).

Under New York law (N.Y. Civ. Rights Law § 47-B(4)), “the term “guide dog”, or “hearing dog” shall mean a dog that is under control, consistent with federal regulations implementing the Americans with Disabilities Act, Title III, at 28 CFR 36.302(c), of the person using or training it and has been or is being trained to guide or otherwise to aid a person with a disability.”

STATE GOVERNMENT AGENCIES

NEW YORK STATE

NEW YORK CITY

HOA DOCUMENTS AND INFORMATION

FINDING AN ASSOCIATION’S CONTACT INFORMATION

  • Community members can visit the New York Department of State, Division of Corporations, and conduct a search under the name of the condominium, cooperative, community, or subdivision to find an association’s corporate information, address of record, and registered agent or management company.

INSPECTION OF BOOKS AND RECORDS

  • Condominium Associations: Unit owners can submit a written request for inspection of the association’s floor plans, the declaration, the by-laws, and any rules and regulations under N.Y. Real Prop. Law § 339-Q.  In addition, the board of managers must keep detailed, accurate records of the receipts and expenditures related to the operation of the condominium and make the same available for unit owners to examine at convenient hours of weekdays. A written report summarizing these receipts and expenditures must be given to all unit owners at least once annually. N.Y. Real Prop. Law § 339-W.

    Case Law:

    • A&A Properties NY Ltd. v. Soundings Condominium, 177 Misc. 2d 200, 675 N.Y.S.2d 853 (N.Y. Sup. Ct. 1998). The court held that a condominium unit is entitled to a list of other unitholders for the purpose of soliciting votes in a challenge to a proposed by-law amendment.

    • Pomerance v. McGrath, 961 N.Y.S.2d 83, 104 A.D.3d 440, 2013 N.Y. Slip Op. 1476 (N.Y. App. Div. 2013). The unit owners of a condominium collectively own the common elements thereof and are responsible for the common expenses. Thus, the rationale that existed for a shareholder to examine a corporation’s books and records at common law applies equally to a unit owner vis-a-vis a condominium.

    • Pomerance v. McGrath, 143 A.D.3d 443, 38 N.Y.S.3d 164, 2016 N.Y. Slip Op. 6462 (N.Y. App. Div. 2016). The court held that the condominium unit owner was entitled to inspect all past, present, and future monthly financial reports, building invoices, redacted legal invoices, and board meeting minutes.

    • GDLC, LLC v Toren Condominium, 2016 N.Y. Slip Op. 51653 (N.Y. Sup. Ct. 2016). The court granted a petition to inspect the condominium’s financial statements, its budget, an engineering report, and a confidential settlement agreement between the board and the condominium’s sponsor/developer arising out of defective design and construction claims.

  • Cooperative Corporations: Under the New York Business Corporation Law §§ 624 (a) and (e), corporations must keep correct and complete books and records of account and minutes of the proceedings of its shareholders, board and executive committee. And, upon the written request of any shareholder, the corporation must give or mail to such shareholder an annual balance sheet and profit and loss statement for the preceding fiscal year, and, if any interim balance sheet or profit and loss statement has been distributed to its shareholders or otherwise made available to the public.

Moreover, under section 624(b), a “shareholder of record of a corporation upon at least five days’ written demand shall have the right to examine in person or by agent or attorney, during usual business hours, its minutes of the proceedings of its shareholders and record of shareholders and to make extracts therefrom for any purpose reasonably related to such person’s interest as a shareholder.”

  • Case Law:

    • Sivin v. Schwartz, 22 A.D.2d 822 (N.Y. App. Div. 1964). The court held that any stockholder, including one not of record, has a common-law right to inspect the stock books if the inspection is sought in good faith and for a valid purpose.

OBTAINING ASSOCIATION DOCUMENTS FROM THE COUNTY RECORDS

  • The association’s Declaration of Covenants, Conditions, and Restrictions (Also known as the CC&Rs, Deed Agreement, or Declaration), Amendments to CC&Rs, By-laws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

    CONDOMINIUM AND COOPERATIVE OFFERING PLANS

  • The Real Estate Finance Bureau provides free access to condominium and cooperative offering plans, including plan details, building information, statistical information, principals of the sponsor, statistical record, and documents. Simply follow the link below and conduct a search under the name or address of the property, assigned file number, or by the sponsor or principal name.

LEGAL RESOURCES

  • New York State Assembly - Search your state representative and the legislation (or, "statutory law") database.

  • New York State Law Reporting Bureau - Search New York State official court decisions.

  • New York Courts - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

  • New York State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance or file a complaint.

  • Law Help - New York - The agency offers free legal information to individuals who cannot afford an attorney.

 

DISCOVER MORE

Featured
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.