Architectural review committees in Orange County NY operate under CC&Rs recorded against the property. NY RPL 339-v requires condominium bylaws to specify the alteration approval process. Boards cannot unreasonably withhold consent per NY case law (Levandusky v One Fifth Ave business judgment rule and its progeny).
Architectural review authority in Orange County HOAs flows from the recorded Declaration of Covenants, Conditions and Restrictions. NY RPL 339-v requires every condominium bylaws to specify procedures for unit alterations including the submission package, review standard, and appeal process. For HOAs, the declaration sets the standard, which typically allows 30-60 days for committee review of color, siding, fences, decks, solar panels, pools, and outbuildings. The Court of Appeals decision in Levandusky v One Fifth Avenue Apt Corp applies the business judgment rule to architectural decisions, meaning courts defer unless the board acted outside its authority, in bad faith, or not in furtherance of legitimate association interests. NY Public Service Law 66-j bars HOAs from unreasonably restricting rooftop solar installations. Satellite dishes under 1 meter are protected by the FCC OTARD rule (47 CFR 1.4000). Selective enforcement of design rules is a recognized defense in NY.
HOAs may impose fines per governing documents, file liens, or seek injunctions. Owners denied approval can sue under RPL 339-j or seek Article 78 review of incorporated HOAs.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
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