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 board procedures rules below are the ones that govern your area.
Suffolk County HOAs and condominiums are governed by NY Real Property Law (RPL) Article 9-B (Condominium Act sec. 339) for condos and Not-for-Profit Corporation Law for HOAs. Board meetings require notice to unit owners; annual meetings required; quorum typically 25-50 percent.
NY RPL sec. 339 (Condominium Act) requires condo boards to hold annual meetings, maintain books and records, and allow unit-owner inspection. Not-for-Profit Corporation Law Article 6 governs HOA board procedures: elected by members, terms per bylaws (typically 1-3 years), quorum and voting thresholds per bylaws. Board meeting minutes must be kept and made available to owners. NY does not have the comprehensive HOA statute that states like FL or CA have - governance is largely per the recorded declaration/bylaws. Suffolk County has thousands of co-ops, condos, and HOAs especially in planned communities in Brookhaven, Islip, and retirement communities (Leisure Village, Leisure Glen).
Failure to hold annual meeting or provide records: NY Attorney General complaint, civil suit by owners. Breach of fiduciary duty: personal liability of board members.
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