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 Nassau County's cc&r enforcement rules stack up against other locations.
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