New York HOA Laws

New York does not have a single comprehensive homeowners association statute. Instead, most communities are governed primarily by their recorded governing documents (declaration, covenants, bylaws, and rules), combined with several statutes depending on the type of community.

Condominiums are governed by the New York Condominium Act, found in Real Property Law Article 9-B (Section 339-d and following). Cooperatives are organized under the Cooperative Corporations Law. Homeowners associations that are formed as not-for-profit corporations are also subject to the New York Not-for-Profit Corporation Law, which addresses meetings, elections, boards, and records. When condo or co-op units are first offered for sale, the offering plan must be filed with and accepted by the New York State Attorney General under the Martin Act (General Business Law Article 23-A) and related regulations.

Because there is no overarching HOA act, an association's specific rights and obligations depend heavily on its declaration and bylaws and on relevant case law. Federal laws such as the Fair Housing Act, the FCC OTARD rule on satellite dishes and antennas, and the Fair Debt Collection Practices Act also apply, along with local ordinances and, for many buildings, elevator and safety inspection requirements.

Official and third-party sources: New York State Legislature laws (nysenate.gov/legislation/laws); New York Department of State (dos.ny.gov); New York Attorney General real estate finance (ag.ny.gov); HOA-USA New York summary (hoa-usa.com/state-laws/new-york).

This overview is general information, not legal advice; consult a New York attorney or your association's counsel about how these laws apply to your community.

Assessments and charges: New York community associations fund shared expenses through common charges or assessments set under the declaration and bylaws. For condominiums, the New York Condominium Act allows the board of managers to collect common charges and, if they go unpaid, to file a lien against the unit under Real Property Law Article 9-B. Cooperatives collect maintenance under the proprietary lease and can pursue remedies through the cooperative corporation. Associations must follow their governing documents and applicable law when adding late fees, interest and collection costs.

Meetings, records and elections: Associations organized as not-for-profit corporations follow the New York Not-for-Profit Corporation Law for board and member meetings, notice, quorum, voting and inspection of corporate records. Boards are expected to keep accurate books and minutes and to hold elections consistent with the bylaws. Condominium and cooperative owners generally have rights to review budgets and financial statements and to participate in the governance of their community.

Disclosure and owner protections: When condominium or cooperative units are first sold, the sponsor's offering plan must be filed with and accepted by the New York State Attorney General under the Martin Act (General Business Law Article 23-A). This gives buyers important disclosures about the building and its finances. Owners are also protected by the Fair Housing Act, the FCC OTARD rule on antennas and satellite dishes, the Fair Debt Collection Practices Act, and local ordinances. Your specific rights depend on your declaration, bylaws or proprietary lease read together with state law.