Babylon HOA CCRs enforced per declaration and NY common law. Boards have discretion under business judgment rule (Levandusky 1990). Fines must be authorized by governing documents. Selective enforcement is a valid defense.
Covenants, conditions, and restrictions in Babylon HOAs and condos are enforceable as equitable servitudes under NY real property common law. Enforcement requires: notice of violation, opportunity to cure (typical 30 days), and hearing if fine imposed (per declaration). Business judgment rule (Levandusky v One Fifth Avenue, 1990) gives boards broad deference. Selective enforcement, waiver, and laches are common defenses. Fines must be specifically authorized by declaration or bylaws; NY does not have a statutory fine cap. Attorney fees recoverable only if governing documents provide.
Violations of CCRs: cure notice, fines per declaration, injunctive relief, forced compliance. Non-payment of fines: assessment lien, potential foreclosure (condos under RPL 339-z).
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