New York HOA Laws: A Comprehensive Guide

Managing a homeowners association (HOA) in New York requires leadership skills, financial knowledge, and a comprehensive understanding of state laws.

To ensure that you are equipped with the knowledge you need to keep your community association compliant, we have created this guide. We will walk you through the most important state laws, look at the definition of an HOA, and cover other important topics.

What Is a Homeowners Association and What Is Its Role?

HOAs, or community associations as they are commonly known, are private entities that are awarded certain rights. They are allowed to regulate common areas in a community, for example, and may collect fees to fund such endeavors.

These organizations also have responsibilities. They are required to maintain up-to-date financial records, schedule regular meetings with members, and ensure transparency.

Homeowners associations are governed by the laws of the land and are also obligated to follow the rules and guidelines set out in their own governing documents, which typically consist of the Articles of Incorporation, Bylaws, and the Declaration of Covenants, Conditions, and Restrictions (CC&R)

An HOA's CC&R will include publicly recorded deed restrictions.

An Overview of New York HOA Laws and Regulations

In the section below, we discuss some of the most prominent New York laws that govern homeowners associations in the state.

New York Business Corporation Law

New York law establishes a legal framework for the establishment and functioning of corporations in the state. Most cooperative groups in New York are incorporated under the Business Corporation Law and have to comply with its regulations.

New York Condominium Act

The New York Condominium Act oversees the establishment, administration, authority, and operations of condominium associations established under it. Keep in mind that the majority of condominiums in the state are unincorporated and will be subject to this law.

New York Not-for-Profit Corporation Act

This legislation is designed to regulate non-profits in terms of their internal organization and processes. It governs non-profit entities, which make up the majority of homeowner associations in New York.

To determine an organization's corporate status, you can go to the New York State Divisions of Corporations.

New York Cooperative Corporations Law

Corporations that are formed by this legislation are subject to its terms. It's also important to remember that the Business Corporation Law also applies to cooperative organizations constituted under this section of the law.

Subsection (a) of the law describes business corporation law provisions that aren't applicable to cooperative entities.

New York Real Property Actions & Proceedings Law (RPAPL)

The New York Real Property Actions & Proceedings Law contains several regulations that control real estate actions in New York, including condos and homeowners' organizations.

It specifies criteria relevant to, among others, processes for recovering property, adverse possession, actions to foreclose a mortgage, certain special proceedings by the renters of homes in the state, and implementation of easements and covenants.

New York Real Property Law

A number of provisions in this law regulate the control, authority, and functioning of real property in the state.

New York State Human Rights Law

Housing discrimination is not allowed in the state of New York, and there are both federal and state-level protections offered to residents. It's important for HOA management to acquaint themselves with these fair housing laws to ensure that they aren't met with any nasty surprises.

According to the New York Human Rights Law, no HOA is allowed to discriminate against property owners or potential homeowners based on the following:

• Sexual orientation
• Military status
• National origin
• Race
• Sex
• Lawful source of income
• Marital status
• Disability
• Familial status
• Color
• Creed
• Gender identity or expression
• Age

We need to mention here that it would be impossible for us to discuss all the laws that apply to New York homeowners associations. You must to do more research on the conditions laid out by federal, state, and local law to ensure that your HOA is compliant.

Fines

In New York, condominium associations have the authority to levy fines on homeowners. HOA fees, mortgage payments, and other expenses related to housing that a unit owner pays may not exceed 30 percent of their household's income.

The governing documents will typically include more information, such as the amounts that will be charged, notice requirements, and more. Other homeowners associations will draw up their own rules pertaining to the issuing of fines and include this information in their governing documents. 

If a homeowner fails to pay their assessments, New York HOAs may foreclose on their property. They can place a lien on the home, and if the owner does not address it, they have the legal right to foreclose on the property to recover the overdue amount.

About DoorLoop's HOA Tools

With so many New York HOA laws and regulations to comply with, successfully running a homeowners association can seem like an overwhelmingly difficult task. However, when you have the right tools at your disposal, you can easily ensure that your HOA meets these standards.

DoorLoop's HOA management software is designed to ensure that you have access to all you need. This includes powerful communication tools, accounting features, world-class support, an easy-to-use platform, and so much more.

To get a FREE demo or learn more about this incredible property management software, get in touch with us today!

Closing Remarks

The truth is that state laws are vast and constantly changing, so it's important to stay up to date on amendments to ensure that your HOA is compliant. When you're ready to streamline your HOA's operations with the help of DoorLoop's intuitive tools, contact us for a free demo!

Frequently Asked Questions

1. Which state government agencies do HOA managers, board members, and executives need to know about?

Here is a list of government agencies to add to your records:

• Department of State, Division of Licensing Services - regulate real estate brokers
• New York Real Estate Finance Bureau - investigates claims of unfair practices
• New York Attorney General - responsible for protecting homeowners
• Division of Housing and Community Renewal - protects homeowners' rights to affordable housing
• Office of the Professions - where you can go to verify licenses

2. What things are HOAs not allowed to fine property owners for?

Common interest communities are not allowed to prohibit the exhibition of the US national flag, provided this is done according to federal laws. HOAs are also prohibited from banning the following (but may provide guidelines on how they are to be placed):

• The installation of solar panels
• The use of electric vehicles and setting up charging stations
• Setting up antennas and satellite dishes

3. What powers do New York HOAs have?

Homeowner associations in New York can collect fees to cover common expenses and charge property owners fees for late payments. They can also impose fines for violations of their bylaws and may foreclose on a home if the owner fails to pay their dues.

These organizations also have the power to regulate common areas and enforce their rules and regulations.

4. Why do I need HOA management software?

HOA management software is critical for effectively managing the numerous activities associated with community governance. It reduces manual tasks by automating administrative procedures such as the collection of fees and violations.

Using centralized platforms and online portals, this software improves communication among board members, members, and vendors.

Furthermore, it makes financial management easier by giving homeowners access to clear accounting and budgeting tools. It ensures secure information management through document storage and access controls.