Home Q&A Forum Can a resolution passed by a homeowners' association be challenged in court?

Real Property

Resolutions

New York

Asked on Jun 26, 2024

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

Answered 662 days ago

Arthur S.

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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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