Homeowners’ Associations in New York, or otherwise known as Common Interest Communities, are regulated by the Attorney General’s office and must be set up as non-profit organizations. They are governed by NY Not-For-Profit Corporation Law, the Association’s Articles of Declaration, and Bylaws. HOAs have the power to enforce all rules and regulations as laid out in the founding documents so long as they do not interfere with local or state laws.
Creation of a Homeowners’ Association
To create an HOA in New York, several documents must be submitted to the Secretary of State. The most important are the Articles of Incorporation which will set up the community association as a non-profit organization.
Within the articles of incorporation will be the association bylaws. Before filing, the initial board of directors should have their first meeting to discuss bylaws and prepare all documents to be filed. They must also set up an official records book to keep track of important documents including meeting minutes.
Other documents that must be submitted include:
A recorded map defining each owner’s property including community-owned common areas.
Covenants, Conditions, and Restrictions (CCR) – publicly recorded deed restrictions.
Community Resolutions – additional rules and regulations that the HOA may adopt in the future.
When filing official documents, make sure that they are as detailed as possible. The goal is to create a public record that can be called upon when a dispute arises.
HOA Rights and Responsibilities
New York law leaves many of the rights and responsibilities up to the community board of directors. Homeowners are required to follow all rules and regulations within the articles of incorporation and community bylaws so long as they are consistent with federal, state, and local laws.
The board of directors may impose liens on property in the event of delinquent payments consistent with the community bylaws. In extreme cases, the homeowners’ association may even foreclose on the property, despite on-time mortgage payments, because of overdue fees.
All members must have an annual meeting to elect a new board of directors and to discuss community matters. All meeting notes and minutes must be documented.
Financial statements must be prepared and filed annually.
Professional HOA Legal Assistance
To ensure that your community association is being run following all state and local laws, it helps to have a professional on your side. CSM has a team of experienced professionals that have worked with communities in almost every state in the US. Specializing in HOA financial management, we can help your board of directors manage association finances, write and submit documents, and prepare for audits. If you have any questions regarding state HOA laws and regulations, give us a call at (865) 315-7505, contact us online or email us at firstname.lastname@example.org.