Cooperative & Homeowners Association Law Firm

GOING SOLAR- SOLAR RIGHTS

The New York State Legislature recently passed a bill prohibiting Homeowners Associations (“HOA”) from unreasonably restricting the installation or use of solar power systems.

A “solar power system” is defined as solar panels on a rooftop. The new law becomes effective October 1st, 2021. Continue reading “GOING SOLAR- SOLAR RIGHTS”

TO FILE, OR NOT TO FILE? FOR AN HOA BOARD, THAT MAY NO LONGER BE THE QUESTION

Life used to be fairly simple.  In the old days, when a Long Island Homeowners Association (HOA) amended its Declaration or By-Laws, the common practice was for the Board to file a Certificate of Amendment with the County Clerk. 

First of all, when an amendment is filed with that office, all owners and subsequent owners of homes in the community will legally be on notice that such amended rules exist and apply to them.  Filing amendments with the County Clerk’s Office is also a good way to make sure those documents can be easily located by future generations of board members and homeowners.  Finally, the Declaration of most HOAs requires that amendments be recorded in order to be effective.
Continue reading “TO FILE, OR NOT TO FILE? FOR AN HOA BOARD, THAT MAY NO LONGER BE THE QUESTION”

ANNUAL MEETINGS AND ELECTIONS

Now that Spring is here, many community associations will start planning for their annual meeting. 

Annual meetings are for more than providing information to the Community.  They are also for electing Board Members who will be responsible for making the day to day decisions necessary to keep the finances and property in good order.

A well planned annual meeting and election is the key to finding good candidates and having a smooth transition and term for those elected.  One way to begin the process of finding persons interested in running is to form a nominating committee.  A nominating committee will seek candidates by canvassing the community, either in person or in writing, and assist the board in preparing the election materials prior to the annual meeting.
Continue reading “ANNUAL MEETINGS AND ELECTIONS”

Paws for Thought

Community association Board members may squawk at the idea of allowing pets in their no-pet community, or at making communities more pet-friendly, but instituting such changes should not necessarily be a concern.

Rather, Boards may want to consider implementing changes to their pet policies to accommodate the growing population of pet owners. In keeping with this trend, many community associations are creating amenities for pets, as well as imposing reasonable and workable restrictions on pets and their owners.
Continue reading “Paws for Thought”

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