Architectural review committees derive authority from the recorded declaration of covenants. Boards must act reasonably and in good faith under NY case law (Levandusky standard). Decisions subject to the business judgment rule.
In New York, architectural review committees (ARCs) of homeowner and condo associations derive their authority from the recorded declaration of covenants and the bylaws. The foundational standard is Levandusky v. One Fifth Avenue Apartment Corp., 75 N.Y.2d 530 (1990), which applies the corporate business-judgment rule: board decisions (including ARC denials) will be upheld unless the owner proves they were beyond the scope of authority, in bad faith, or not in furtherance of a legitimate association purpose. Owners generally must exhaust internal appeals before courts will intervene. Judicial review typically proceeds via CPLR Article 78 petition for non-condo associations or plenary action for condos. Rensselaer County associations commonly require ARC approval for exterior paint, roofing, fences, decks, ADU construction, solar panels, and landscaping changes. NY Public Service Law §66-p and Energy Law §1-103 limit HOA bans on solar installations — boards must permit reasonable solar with aesthetic conditions.
Owner unauthorized work: fines per declaration ($50-$500 typical), removal/restoration order, liens. Board overreach: Article 78 reversal, attorney's fees in some cases.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Rensselaer County, NY
NY State Residential Code Appendix G requires 48-inch minimum barrier around all pools over 24 inches deep. Self-closing, self-latching gates opening outward...
Rensselaer County, NY
NY Real Property Actions and Proceedings Law 843 governs division fences; shared boundary fences require mutual agreement. Finished side of fence typically m...
Rensselaer County, NY
Rensselaer County allows hens in NYC but roosters are banned. Coops must meet health standards. Livestock prohibited in most residential zones. NYC Health Co...
Rensselaer County, NY
NY Agriculture and Markets Law 123 authorizes municipalities to require leashes. Rensselaer County towns generally require dogs leashed off-property. Troy re...
Rensselaer County, NY
Beekeeping legal countywide under NY Agriculture and Markets Law Article 15. Hives must be registered with NY State Apiary Inspector. Rural Rensselaer County...
Rensselaer County, NY
Rensselaer County benefits from abundant Hudson River watershed and Tomhannock Reservoir supply. No standing watering restrictions. Troy Water Department may...
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