HOA and condo disputes in Nassau County go to NY Supreme Court, Nassau County, typically under Article 78 for challenges to board actions. Mediation is encouraged but not mandatory unless required by CC&Rs.
Owners challenging board actions file Article 78 proceedings in Nassau Supreme Court (Mineola). Statute of limitations is 4 months for Article 78. Declaratory judgment and injunction actions also common. Some HOAs require non-binding mediation through the American Arbitration Association before litigation. NY Attorney General Real Estate Finance Bureau oversees condo offering plans but does not resolve member disputes.
Pursuing disputes outside CC&R procedures may result in dismissal and attorney-fee awards to the HOA where the declaration permits fee-shifting.
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