Mount Vernon, NY HOA Rules: Board Governance (2026)

Mount Vernon's Planned Unit Development District 2 (PUD-2) rules, codified at City of Mount Vernon Code Section 267-26, govern how common land inside a PUD-2 project is owned once the City Council and Planning Board approve the development concept plan and site plan. D(2)(d) requires them to be owned and maintained by a property owners association. The association must be a legal entity, including but not limited to a condominium corporation, cooperative corporation, or a not-for-profit membership corporation created by a trust agreement or certificate of incorporation.

That formation document must be approved as to form and sufficiency by the Corporation Counsel, and its purpose must be to assure the permanent preservation, protection and maintenance of the common lands. The association carries continuing responsibility for maintenance, ownership and use of the common land and any improvements on it. Critically, the association is barred from dissolving and cannot dispose of any common land or improvements, by sale or otherwise, except by transferring them to a replacement organization created for the same purpose and bound by the same maintenance and use restrictions, with Planning Board approval.

The association must also sign an agreement with the City covering what happens if it fails to maintain the common land: the City can give written notice demanding repairs within a set deadline, and if the association does not comply, the City may enter, take possession, and maintain the property itself until the City Council determines the association is again able to do so, with maintenance costs assessed against the properties in the district as a tax lien.