Manhattan condo declarations/bylaws and co-op proprietary leases/house rules are enforced through board fines, injunctions, or termination of proprietary leases.
Manhattan does not use the suburban CC&R (Covenants, Conditions & Restrictions) model. Instead, condominium governance flows from the declaration and bylaws recorded under NY Real Property Law Article 9-B. Cooperative governance flows from the certificate of incorporation, bylaws, proprietary lease, and house rules under BCL Article 4. Boards typically enforce rules by written notice, fines authorized by bylaws, injunctive lawsuits, and for co-ops, termination of the proprietary lease after a Pullman-style shareholder vote or lease default. Smoking bans, dog rules, noise limits, sublet fees, washer/dryer restrictions, and window guard requirements are commonly enforced. Courts typically uphold board enforcement under the business judgment rule when the board acts within its authority, in good faith, and for a legitimate corporate purpose.
Contact your local code enforcement office for specific penalty information.
See how New York County's cc&r enforcement rules stack up against other locations.
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