How to Dispute an HOA Violation in New York

HOA Law in New York

New York has a complex landscape of community associations including condominiums governed by the Condominium Act (Real Property Law §339-d et seq.), cooperative corporations governed by the Business Corporation Law and Not-for-Profit Corporation Law, and planned community HOAs governed by their CC&Rs. Each type of community has different legal rules and governance structures, making it important for homeowners to understand which type of association governs their community.

New York courts have been at the forefront of developing the law governing community associations. The landmark ruling in Levandusky v. One Fifth Avenue Apartment Corp. established the business judgment rule as the standard for reviewing board decisions in co-ops and condos. Under this standard, courts will not second-guess board decisions made in good faith, within the scope of the board's authority, and in furtherance of a legitimate community purpose. However, boards that act outside their authority, in bad faith, or in a discriminatory manner can be held accountable.

Homeowners in New York challenging an HOA or condo board action should focus on whether the board followed proper procedures, acted within its authority, and applied rules consistently. New York's Attorney General's office oversees certain aspects of condominium and cooperative offerings, and the state's strong consumer protection laws can sometimes be invoked in HOA disputes. Given the complexity of New York's community association law, consulting with an experienced attorney is often advisable for significant disputes.