NY HOAs enforce CCRs via fines (if authorized), injunctive relief, and liens. Business Judgment Rule (Levandusky) deferential to boards; owners must exhaust internal remedies.
Under Levandusky v. One Fifth Avenue Apt. Corp. (1990), NY courts apply the Business Judgment Rule to HOA and co-op board decisions; courts defer to the board unless the action was in bad faith, outside the scope of authority, or not in furtherance of legitimate corporate purposes. Enforcement tools: fines (only if authorized by declaration and reasonable), injunctive relief in Supreme Court, and liens for unpaid fines. Ulster County HOA boards must follow notice and hearing procedures in bylaws before imposing fines. Selective enforcement is a valid defense.
Contact your local code enforcement office for specific penalty information.
See how Ulster County's cc&r enforcement rules stack up against other locations.
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