New York condominium associations enforce the declaration, bylaws, and rules adopted under Real Property Law § 339-v. Non-condo HOAs enforce covenants and architectural rules through the recorded declaration as equitable servitudes. Courts review enforcement under the Levandusky business-judgment rule — there is no general HOA enforcement statute.
For condominiums, RPL § 339-v requires the bylaws to govern adoption of "administrative rules and regulations governing the details of the operation and use of the common elements," supplying the board's covenant and architectural-control authority. New York has not adopted a comprehensive non-condo common-interest statute, so covenants, CC&Rs, and architectural-review provisions in a planned community are enforced as recorded equitable servitudes under property and contract law, with the association organized under the Not-For-Profit Corporation Law. Across both, the controlling standard is the Court of Appeals' Levandusky business-judgment rule: a board's decision stands unless it is "beyond the scope of the board's authority," taken "without notice or consideration of the relevant facts," or "deliberately singles out individuals for harmful treatment."
Condo and HOA covenant violations expose the owner to suit for injunctive relief or damages, and the board may bring the matter to court. Decisions are tested under Levandusky; a board acting within its authority and in good faith is generally upheld.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Gates, NY
The Town of Gates regulates noise through its Code (eCode360 ID GA0050) and refers many quiet-hours questions to New York State Penal Law Section 240.20 (dis...
Monroe County, NY
City of Rochester prohibits on-street parking 2 AM to 6 AM year-round under Municipal Code §111-5 (alternate side not in effect; blanket overnight ban). Resi...
Monroe County, NY
Monroe County towns specify approved fence materials in zoning codes. Wood, vinyl, chain-link, and wrought iron standard. Barbed wire banned in residential z...
Monroe County, NY
NY State Uniform Code (Residential Code §R404) requires engineered design for retaining walls over 4 feet measured from bottom of footing. Monroe County muni...
Monroe County, NY
Monroe County does not have a separate countywide smoke-alarm ordinance; smoke-alarm requirements come from the New York State Uniform Fire Prevention and Bu...
Monroe County, NY
Monroe County is not designated a high wildfire hazard area. No defensible space requirements. NY DEC Part 215 brush burn ban (March 16 – May 14) is the prim...
See how Gates's cc&r enforcement rules stack up against other locations.
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