Showing ordinances that apply to Haviland, NY
Haviland is an unincorporated community (population 4,174) in Dutchess County, New York. Because Haviland is not an incorporated city, it does not have its own municipal code. Instead, Dutchess County ordinances apply directly to properties here. The board procedures rules below are the ones that govern your area.
Condominium boards in Dutchess County are governed by NY Real Property Law Article 9-B (RPL §339-d through §339-ii). HOAs and co-ops follow their governing documents plus Not-for-Profit Corporation Law (NPCL) or Business Corporation Law (BCL). Board meetings, notices, and owner record-inspection rights must follow the bylaws and statutory minimums.
Condominiums: RPL §339-v(1)(g) requires recorded bylaws; §339-w(d) allows unit owners to elect the board; §339-w governs meetings, quorum, and voting. Co-ops: BCL governs corporations that own the building; NPCL may apply. HOAs: most organized as NY not-for-profit corporations under NPCL, governed by declaration plus bylaws; annual meetings required under NPCL §603 with minimum 10-day notice. Board meetings typically require notice under bylaws (often 10 days for annual, 48 hours for special). Quorum for boards usually majority of members; for owner meetings, often a third of owners. Record inspection rights: NPCL §621 grants members right to inspect books and records upon written request for proper purpose; BCL §624 similar for co-ops; RPL §339-w provides condo records access. Board breach of fiduciary duty challengeable in NY Supreme Court; Levandusky business judgment rule applies. NY Condominium and HOA Rights Act proposals pending but not enacted.
Failure to hold required meetings: owner derivative action, court-ordered meeting under NPCL §603(b)(2). Record inspection refusal: court order plus attorney fees under NPCL §621. Fiduciary breach: removal of directors, damages, disgorgement.
See how Haviland's board procedures rules stack up against other locations.
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