New York CC&R, Covenant & Architectural Enforcement

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.