HOA architectural review committees (ARCs) in Nassau County operate under the authority of the recorded declaration of covenants. Standards must be applied consistently; arbitrary denials can be challenged as breach of the business judgment rule.
NY courts apply the business judgment rule (Levandusky v. One Fifth Avenue Apt. Corp., 75 NY2d 530) to HOA and condo board decisions including architectural review. Reviews must follow written standards in the CC&Rs or published guidelines. Typical items requiring approval: exterior paint, fencing, solar panels, additions, landscaping changes. NY Energy Law §3-110 protects solar panel installation from unreasonable HOA restriction.
Unauthorized changes: HOA may seek injunctive relief and require restoration at owner cost. ARC denials outside stated standards may be overturned.
See how Nassau County's architectural review rules stack up against other locations.
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