Architectural review committees authorized by declarations under NY RPL 339-v. Decisions must be reasonable and non-discriminatory. NY RPL 339-ee prohibits unreasonable restrictions on solar panels.
HOAs are relatively uncommon in Oneida County compared to suburban downstate NY but exist in newer subdivisions in New Hartford, Whitestown, Clinton, and Webb. Architectural Review Committees (ARCs) derive authority from the recorded Declaration of Covenants, Conditions and Restrictions (CC&Rs) under NY Real Property Law §339-v. ARC decisions must be reasonable, non-arbitrary, and applied uniformly; NY courts apply the 'business judgment rule' (Levandusky v. One Fifth Avenue, 75 N.Y.2d 530) but invalidate decisions that are discriminatory, retaliatory, or in bad faith. NY RPL §339-ee prohibits HOAs from unreasonably restricting solar panel installation (added 2021); the U.S. Freedom to Display the American Flag Act of 2005 protects US flag display. HOAs may restrict paint colors, roofing materials, fencing, landscaping, and additions through design guidelines. Homeowners aggrieved by ARC decisions can bring Article 78 proceedings or contract claims in NY Supreme Court.
Non-compliant alterations may result in HOA fines (typically $25-$100 per violation per day per CC&Rs), forced removal at owner's expense, and potential lien on the property. HOA can sue to enforce CC&Rs and recover attorney fees if authorized by the declaration.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Utica, NY
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Utica, NY
Utica has no ordinance banning residential backyard composting. Home compost bins are allowed, but a pile that becomes odorous, attracts rodents, or accumula...
Utica, NY
Utica has no ordinance specifically permitting or banning artificial turf for residential lawns. Synthetic grass is generally allowed, though front-yard or l...
Utica, NY
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Utica, NY
Utica has no ordinance restricting or requiring residential rainwater harvesting. New York State broadly allows rain barrels and cisterns for outdoor, non-po...
Utica, NY
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