Declarations of covenants, conditions, and restrictions in Islip are enforceable as equitable servitudes under NY real property law and the Condominium Act. Boards can seek injunctions and money damages for violations, and owners can also sue to enforce against other owners.
CC&Rs recorded in the Suffolk County Clerk's office run with the land and bind successor owners. Enforcement typically starts with written violation notices, hearings, and fines under the bylaws. If violations persist, the board can bring an action for injunctive relief in NY Supreme Court. Common disputes involve STR restrictions, pet rules, architectural modifications, and commercial use. Selective or inconsistent enforcement can be a defense. NY courts will enforce reasonable restrictions but may void covenants that violate public policy or fair housing laws.
Fines under bylaws range from 25-500 dollars per violation with continuing daily fines. Injunctions can require removal of non-conforming improvements at owner expense.
See how other cities in Suffolk County handle cc&r enforcement.
See how Islip's cc&r enforcement rules stack up against other locations.
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