Real Property
Resolutions
New York
Can a resolution passed by a homeowners' association be challenged in court?
I am a homeowner in a residential community that is governed by a homeowners' association (HOA). Recently, the HOA passed a resolution that imposes new restrictions on the use of common areas, which significantly impacts my ability to enjoy the amenities provided. I believe that this resolution is unfair and may even be in violation of our HOA's governing documents. I would like to know if there is a legal recourse to challenge this resolution in court and potentially have it overturned.
Answers from 1 Lawyer
Answer
Real Property
New York
Arthur S.
ContractsCounsel verified
July 12, 2024
HOA resolutions are generally enforceable if they are reasonable, clear and comply with state and local laws. They cannot override state or federal laws. In NYS HOAs are generally governed by the NY Business Corporation Law and NY Condominium Act. I would need to know more about the scope of the Resolution and the process used to pass it before I would be able to provided advice as to viability.
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I recently made an offer on a property and the seller accepted it, and we signed a purchase contract outlining the terms and conditions of the sale. However, a few days later, the seller informed me that they have received a higher offer from another buyer and now want to back out of our agreement. I am wondering if the seller has the legal right to do so, and if not, what options do I have to enforce the purchase contract and proceed with the sale?
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