Showing ordinances that apply to Elmont, NY
Elmont is an unincorporated community (population 35,265) in Nassau County, New York. Because Elmont is not an incorporated city, it does not have its own municipal code. Instead, Nassau County ordinances apply directly to properties here. The cc&r enforcement rules below are the ones that govern your area.
CC&Rs run with the land and are enforceable against all owners per NY common law and recorded declarations. Selective enforcement can be a defense; boards should maintain consistent violation records and provide notice before fines.
Nassau County HOAs enforce CC&Rs through written violation notices, cure periods (typically 10-30 days), hearings before the board, and escalating fines. NY business judgment rule protects good-faith enforcement. Owners may raise waiver and selective enforcement defenses if rules are applied inconsistently. Fines typically capped by declaration ($25-$100 per violation, sometimes per day).
Continued violations after notice: escalating fines, suspension of amenities, lien recording, and potential injunction. Counterclaims for selective enforcement can stall recovery.
See how Elmont's cc&r enforcement rules stack up against other locations.
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