Buffalo condominium CCRs (declaration and bylaws) are enforceable under NY RPL Article 9-B. Restrictions must be recorded and reasonable. The business judgment rule shields boards enforcing CCRs in good faith. Waiver by non-enforcement can defeat claims.
Covenants, Conditions, and Restrictions (CCRs) in Buffalo condos are set in the recorded declaration under NY RPL 339 (Condominium Act). Bylaws supplement the declaration. Amendments typically require 66-75 percent owner approval per the declaration. Enforcement tools include: written notices, fines (if declaration authorizes), suspension of amenities, liens (for financial obligations), and injunctive action in Supreme Court. NY courts apply the business judgment rule but strike down rules that are discriminatory, arbitrary, or exceed declaration authority. Long-standing non-enforcement can create waiver/estoppel defenses. Race, religion, national origin, familial status, disability, and sexual orientation are protected under federal FHA and NY Human Rights Law; restrictive covenants cannot violate these.
CCR violations: notice, cure period, fines 25-500 dollars, injunction. Discriminatory covenants: void and unenforceable, HUD or NY DHR complaints possible.
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