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.
New Rochelle, NY
Construction noise in New Rochelle is restricted to weekdays 7 a.m.–6 p.m. and Saturdays 9 a.m.–5 p.m. No construction on Sundays or legal holidays without a...
New Rochelle, NY
Overnight on-street parking in New Rochelle is regulated by alternate-side rules, downtown permit-parking districts, and winter snow-emergency declarations t...
New Rochelle, NY
Commercial vehicles and trucks over a set weight (commonly 10,000 lbs GVW) are generally prohibited from overnight parking on New Rochelle residential street...
New Rochelle, NY
Parking RVs, campers, boats, and trailers on New Rochelle residential streets is prohibited or tightly time-limited. On private property, oversized recreatio...
New Rochelle, NY
Most residential fences in New Rochelle require a building permit from the Bureau of Buildings. Applications need a site plan showing location, height, and m...
New Rochelle, NY
Retaining walls over 4 feet in height (measured bottom-of-footing to top) require a building permit and engineered plans in New Rochelle. Walls with surcharg...
See how New Rochelle's cc&r enforcement rules stack up against other locations.
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