Bronx condo declarations and coop proprietary leases are enforceable as covenants running with the land under RPL 339-e. Boards enforce through warning notices, fines authorized by bylaws, and ultimately foreclosure (condo) or lease termination (coop).
Condo declarations must be recorded with Bronx County Clerk under RPL 339-s. Rules and regulations adopted by boards must be consistent with the declaration and bylaws. Fines must be authorized by the governing documents and imposed after notice and an opportunity to be heard (quasi-due-process standard applied by NY courts). The Business Judgment Rule protects board enforcement decisions. For coops, Pullman v 40 West 67th Street (2003) established that boards can terminate proprietary leases for objectionable conduct with supermajority shareholder vote.
Contact your local code enforcement office for specific penalty information.
See how Bronx County's cc&r enforcement rules stack up against other locations.
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