Where to file a complaint against an HOA in New York depends on the type of complaint.įor complaints concerning HOA fees, a homeowner can file a complaint with the Federal Trade Commission, the Consumer Financial Protection Bureau, or hire a private attorney.

Where Do Homeowners File Complaints Against Their HOA in New York? Typically, an HOA will give 1-2 weeks’ notice, but notice requirements are determined by the governing documents. Shared utilities may include water or trash removal directly provided by the HOA.īefore entering a property, except in the case of an emergency, an HOA should give prior notice to the homeowner. Common elements are the shared spaces around the units owned by the HOA, such as elevators. All other types of HOA properties are subject to their governing documents.Ī homeowner’s unit is only intended for the property owner’s use but has certain spaces that require maintenance by the HOA, such as balconies. HOAs managing condos can enter a homeowner’s property in New York to conduct emergency repairs and prevent harm to common elements. Can an HOA Enter a Homeowner’s Property in New York? Information about eviction procedures will be based on the HOAs governing documents or on the local level. HOAs may be allowed to evict homeowners or tenants if rules and regulations are violated. There are no state laws in New York about HOA eviction ability. Other types of HOAs have certain conditions regarding liens and foreclosures in their governing documents. After a notice of lien has been sent and fines are still not paid, liens can be subject to foreclosure. HOAs that look after condos are required to provide a notice of lien 60 days after charges were due. In New York, an HOA can foreclose on a homeowner’s house for unpaid liens. Can an HOA Take a Homeowner’s House in New York? The governing documents of an HOA may include reasonable rules and regulations about the placement, manner, and display of any of the items listed above. Installing satellite dishes and antennas.Displaying the American flag so long as the flag is displayed in a manner consistent with federal flag display law.Installing electric vehicle charging stations.Other HOA businesses will have specific provisions regarding imposing fines in their governing documents.Īn HOA may not fine a homeowner for (or generally prohibit) any of the following: Types of fines and amounts are determined by the HOA’s governing documents. The expenses imposed by HOAs, mortgage, and other housing costs paid by homeowners are not to exceed 30% of the household income. HOAs that oversee condos can impose fines on a homeowner in New York. Can an HOA Impose Fines on a Homeowner in New York? Moreover, an HOA’s governing documents can grant added powers such as restrictions on membership, parking, fencing, and exterior paint color.

Collect charges to maintain and operate the common areasĪny other HOA business type will have its powers listed in the governing documents.Impose charges for late payments of assessments.Collect assessments for common expenses.In New York, an HOA that is considered a corporation has the power to: Business certificates can be found at the local county clerk’s office where the HOA property is located.Īdditionally, the New York Secretary of State website lists general HOA information such as business name, address, initial filing date, and name of chief executive officer.įurthermore, HOA building and conversion plans filed with the Department of Law can be searched on the Real Estate Finance Bureau website.

However, any HOA document filed with the New York Secretary of State can be requested online or in writing. HOA governing documents are not public records in the state of New York. New York Cooperative Policy Statement (CPS-7).New York Real Property Actions & Proceedings Law.New York Not-for-Profit Corporation Act.HOAs may be subject to certain state laws such as: The Americans with Disabilities Act of 1990.HOAs in New York may be subject to applicable federal laws such as: The governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations. The regulation of HOAs may be on a local level, federal level, or in the HOA’s governing documents. There is no statutory provision that regulates HOAs on the state level in New York. The laws governing HOAs are set forth by various local and federal regulations, as well as by each individual HOA’s governing documents. In New York, many planned communities are managed by a homeowners association (HOA).

Hoa covenant vs state law