Showing ordinances that apply to Smithtown, NY
Smithtown is an unincorporated community (population 25,629) in Suffolk County, New York. Because Smithtown is not an incorporated city, it does not have its own municipal code. Instead, Suffolk County ordinances apply directly to properties here. The architectural review rules below are the ones that govern your area.
Suffolk County HOA architectural review committees operate under authority granted in the recorded declaration and bylaws. NY courts apply the business judgment rule (Levandusky v. One Fifth Avenue) - board decisions upheld if made in good faith and within authority. Written standards and timely review required.
Under the business judgment rule established in Matter of Levandusky v. One Fifth Avenue Apt. Corp. (1990), NY courts defer to HOA/condo board architectural decisions made in good faith, with authority, and in the interest of the association. Boards must follow their own procedures: written application, review timeline (typically 30-60 days), written decision with reasons. Arbitrary or discriminatory decisions not protected. NY Human Rights Law prohibits decisions based on protected class. Solar panel installations protected under NY RPL sec. 9-B if reasonable restrictions only (similar to FL but narrower). Antennas protected under FCC OTARD rule. Flag display protected under NY Military Law sec. 252 (US flag) and Election Law (political signs near elections).
Arbitrary denial: lawsuit for mandamus to approve, damages. Discrimination: NY Division of Human Rights complaint, fines 1,000-10,000 dollars. Failure to follow own procedures: declaratory judgment.
See how Smithtown's architectural review rules stack up against other locations.
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