Mount Vernon's HOA Rules: The Rules That Matter

Every city handles hoa rules a little differently. In Mount Vernon, New York, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Board Governance

Any residential project approved as a Mount Vernon PUD-2 Planned Unit Development must place its common land in a legal property owners association. City Code Section 267-26 requires the association to be a condominium corporation, cooperative corporation, or not-for-profit membership corporation approved by the Corporation Counsel, and it may never dissolve without a qualified successor taking over.

Key details: Applies to: PUD-2 District developments only. Entity type required: Condo, co-op, or nonprofit corporation. Formation approval: Corporation Counsel must approve. Dissolution: Barred except to a successor entity. City remedy for neglect: Take possession, bill via tax lien.

If a PUD-2 property owners association lets common land or improvements fall into disrepair, the City can serve written notice demanding corrective action within a stated deadline. Failure to comply lets the City take possession and maintain the land itself, billing the cost to district property owners as part of the annual tax levy, collected the same way as other City taxes. The City's decision on this enforcement is a final administrative determination reviewable only under Article 78 of the Civil Practice Law and Rules.

Assessment & Dues

In Mount Vernon's PUD-2 Planned Unit Development District, every property owner automatically belongs to the project's property owners association and owes a proportionate share of its expenses. City Code Section 267-26 turns an unpaid assessment into a lien on the property once it is 60 days past due.

Key details: Membership: Automatic for every PUD-2 property owner. Charge basis: Proportionate share of association expenses. Lien trigger: Unpaid more than 60 days after assessment. Who can sue to collect: The association, the City, or both.

An assessment left unpaid more than 60 days after the property owners association levies it automatically becomes a lien against the owner's property under Section 267-26.D(2)(d)[5]. The Code authorizes the association, the City, or both jointly to bring a court action to collect the unpaid proportionate share, meaning nonpayment can trigger both a lien and a collection lawsuit.

The Bottom Line

Mount Vernon's hoa rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Mount Vernon is broadly strict or permissive.

This guide is based on Mount Vernon's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.