Hamburg Village, NY HOA Rules: CC&R Enforcement (2026)

Section 250-10.6 of the Village of Hamburg Zoning Law, adopted by the Board of Trustees in L.L. No. 1-2022 and effective March 23, 2022 under § 250-10.7, draws the line between village zoning and private covenants. Subsection A treats the chapter's provisions as the minimum requirements adopted for the promotion of the public health, community values, safety, or other general welfare. When the chapter is at variance with any other applicable law, ordinance, regulation or private agreement, the most restrictive, or the one imposing the higher standards, governs.

Subsection B limits the village's role. The Village does not enforce or maintain a record of private agreements. The chapter is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the zoning chapter imposes a greater restriction than a private agreement, the zoning chapter controls.

That creates two separate tracks in the Village of Hamburg. Zoning violations are handled by the Code Enforcement Officer under § 250-18.2: the CEO serves a written notice of violation and correction order stating the violation, the remedy ordered and a time limit, and the notice must tell the violator of the right to appeal the CEO's interpretation to the ZBA. Unless the chapter sets a different time limit, the notice gives 30 days to correct. Complaints go in writing to the Building Inspector under § 250-18.3. Association covenants, deed restrictions and easements sit outside that process because the village keeps no record of them and does not enforce them.

The practical result is that a private agreement cannot excuse a zoning violation, and a village permit does not settle a covenant question. A covenant that asks for more than village zoning is not displaced by the zoning chapter, and a covenant that allows more than the zoning chapter does not override it.