Question: Our by-laws state that fines can be levied when residents violate certain covenants, by-laws or rules and regulations. Now I've been told that these fines aren't sanctioned or collectible. Is that true? Answer: Since your covenants provide the board with the...
Question: We purchased units in a HOA many years ago for rental purposes and potential future personal use. At that time the only rental limitation in the Master Deed was that rentals must exceed 90 days. Recently of the HOA voted to amend the Master Deed to...
Question: We want to change one of our by-laws. We have 48 condo owners. Our by-laws say we must have a majority of all owners approve the change. So we only need 25. One owner says we need 32 to change it. Is she right? Answer: Yes, she is right. Pursuant to §339-v...
Question: Can we create a rule where owners must own a unit for 5 years, before being allowed to offer that unit as a rental? Answer: Yes, a homeowners association can prohibit rentals or restrict them. This will have the effect of discouraging investors from...
If your homeowners association has been unable, year after year, to obtain a quorum at its annual meeting so that no election can take place, your homeowners association should consider permitting electronic voting. Although New York has not enacted a statute which...
Question: Our condo association which consists of 64 units has been under the ruling of a management company since the beginning of 2014. Many co-owners are not satisfied with this arrangement. For the past two years our annual dues have been increased $10 per month....
Question: HOA previously marked owner responsibility as contained within the unit walls and has recently started a process that would transfer responsibility for unit patio maintenance back to the unit owners. Does this raise issues of insurance and past practices?...
Question: Is there any requirement that a HOA deposit association funds in only FDIC insured banks? Answer: No. There is no legal requirement that a board of a community association must only deposit association funds in FDIC insured banks. However, I would think that...
Question: Can board members be paid? Answer: Yes board members can be paid, but it would be highly unusual in a homeowners association setting. Section 715(d) of New York's Not-for-Profit Corporate Law (the "Statute") provides "unless otherwise provided in the...
Question: At the annual mtg we were two short for a quorum. The board gave two condos two votes (married couples). Is this legal? Answer: No, this is not legal. The "quorum" provision of a homeowners association by-laws typically provide that "so many home owners as...
