Architectural review committees have broad authority under RPL §339 condo declarations and HOA covenants. Owners typically need written approval for exterior changes, fences, pools, and landscaping visible from common areas.
Under NY Real Property Law Article 9-B (Condominium Act), the declaration and bylaws establish the board's authority to regulate exterior alterations, additions, and improvements. HOAs rely on recorded declarations of covenants (CC&Rs) enforceable as equitable servitudes under settled NY case law (e.g., Neponsit Prop. Owners Ass'n v. Emigrant). Typical ARC scope: paint colors, roofing materials, fences, decks, sheds, satellite dishes (subject to FCC OTARD preemption), pool installations, window replacements, and landscaping visible from common areas or adjacent properties. Written applications with plans, material specs, and samples are usually required. Decisions must be made in good faith (business-judgment rule per Levandusky v. One Fifth Avenue, 75 NY2d 530). Unauthorized work can be enjoined and ordered removed at owner's expense.
Board may issue cease-and-desist, fines under bylaws (typical $25-$100/day), and seek injunction in Supreme Court. Owners responsible for removal costs and may be liable for attorney fees if declaration so provides.
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