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.
Mount Vernon, NY
Recreational vehicles, boats, and trailers are generally prohibited from parking on public streets and in front-yard setbacks in residential zones. Storage i...
Mount Vernon, NY
Mount Vernon operates alternate-side parking for street cleaning and enforces residential permit parking in several districts. Non-residents cannot park over...
Mount Vernon, NY
Retaining walls over 4 ft measured from bottom of footing to top of wall require a building permit and sealed engineered drawings. Walls with surcharge (driv...
Mount Vernon, NY
A building permit from the Mount Vernon Building Department is required for most new fences and for replacements that change height, materials, or location. ...
Mount Vernon, NY
Chickens and livestock are prohibited in Mount Vernon residential zones. The city's dense urban character (~4 sq mi) excludes agricultural uses from zoning.
Mount Vernon, NY
Mount Vernon enforces the New York State Uniform Fire Prevention and Building Code (19 NYCRR Part 1225, incorporating the 2020 Fire Code of NYS), which requi...
See how Mount Vernon's cc&r enforcement rules stack up against other locations.
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