New York HOA Compliance

1. Introduction

New York does not use a single statewide common-interest community act for every homeowners association. Non-condominium planned communities often begin with entity form, recorded covenants, and corporate governance under the New York Not-for-Profit Corporation Law, while the Condominium Act in Real Property Law Article 9-B governs condominiums, Cooperative Corporations Law provisions cover cooperatives, and General Business Law Article 23-A and § 352-e regulate real estate offerings.^1,2,3,4 The Attorney General's Real Estate Finance Bureau regulates public offerings of real estate securities in or from New York, including offerings for cooperatives, condominiums, timeshares, homeowners' associations, and senior living communities.⁵

Civil association disputes generally begin in the New York Supreme Court, the state's principal trial court, then move to the Appellate Division of the Supreme Court, and may reach the Court of Appeals, New York's highest court.^6,7 Current official resources identify offering-stage Attorney General oversight and occupational licensing by the Department of State, but no dedicated operational HOA agency or community-association-manager license.^8,9

Recent activity concentrates on foreclosure notice, discriminatory covenant removal, condominium governance, cooperative governance, and offering regulation. That places New York in the entity-specific end of the common-interest housing landscape.

2. Primary statute and key resources

• Planned-community corporate governance, Not-for-Profit Corporation Law, Chapter 35. This supplies governance rules for associations organized as not-for-profit corporations, including members, directors, and officers.¹⁰
• New York Condominium Act, Real Property Law Article 9-B, §§ 339-d through 339-mm. The Act covers declarations, bylaws, common charges, liens, foreclosure, insurance, records, and EV charging.¹¹
• New York court system for appeals. Association appeals generally move from trial courts to intermediate appellate courts, with the Court of Appeals as the highest court.¹²
• Manager licensing or oversight. The Department of State Division of Licensing Services serves as the relevant occupational licensing portal; its public licensing-type list does not identify a separate community-association-manager license.¹³
• Attorney General, Real Estate Finance Bureau and housing complaints, General Business Law Article 23-A and § 352-e. The Attorney General directs cooperative and condominium housing topics to the Real Estate Finance Bureau complaint process.¹⁴

4. New York's recent regulatory landscape

Recent Legislation

New York's recent record includes a 90-day HOA foreclosure notice act, a discriminatory-covenant cleanup act, and a pending owner bill of rights for large condominiums.

Recent Court Rulings

Recent New York appellate rulings test the limits of business-judgment enforcement and reaffirm that owners may not withhold common charges during repair disputes.

Regulatory Developments

New York's Attorney General Real Estate Finance Bureau updated offering-plan and amendment filing fees effective November 5, 2025.

Active Policy Debates

Pending 2025-2026 proposals would move New York toward more formal common-interest governance in selected areas, including developer turnover of certain homeowners associations, a cooperative and condominium ombudsperson program, condominium and cooperative reserve studies, and limits on HOA pesticide and outdoor-sprinkler mandates.^25,26,27,28

5. Closing note

HOA Weekly's New York coverage will expand as new bills, rulings, and regulatory actions are filed, decided, or implemented. Federal frameworks, including the FHA, ADA, FDCPA, SCRA, and OTARD, also affect New York associations; the /federal/ hub will carry that coverage once built.^{29,30,31,32,33}

Footnotes

1. New York State Senate Open Legislation, Not-for-Profit Corporation Law, Chapter 35 ↩
2. New York State Senate Open Legislation, Real Property Law Article 9-B, Condominium Act ↩
3. New York State Senate Open Legislation, Cooperative Corporations Law Article 4 ↩
4. New York State Senate Open Legislation, General Business Law § 352-e, Real estate syndication offerings ↩
5. New York State Attorney General, Real Estate Regulation ↩
6. New York Courts, Appellate Division Second Department, About the Court ↩
7. New York State Unified Court System, Appellate Courts ↩
8. New York State Attorney General, Real Estate Regulation ↩
9. New York Department of State, Licensing Types ↩
10. New York State Senate Open Legislation, Not-for-Profit Corporation Law, Chapter 35 ↩
11. New York State Senate Open Legislation, Real Property Law Article 9-B, Condominium Act ↩
12. New York State Unified Court System, Appellate Courts ↩
13. New York Department of State, Licensing Types ↩
14. New York State Attorney General, Housing Issues ↩
15. New York State Senate Open Legislation, 2025-S7413 ↩
16. New York State Senate Open Legislation, 2025-S7413, effective-date memo ↩
17. New York State Senate Open Legislation, 2025-A1820A ↩
18. New York State Senate Open Legislation, 2025-S8760 ↩
19. New York State Senate Open Legislation, 2025-S5089, status and actions ↩
20. New York State Senate Open Legislation, 2025-S5089, summary and sponsor memo ↩
21. New York State Law Reporting Bureau, Board of Mgrs. of Oceanview Condominium v. Riccardi, 2024 NY Slip Op 03806 ↩
22. New York State Law Reporting Bureau, Board of Mgrs. of Villas on the Lake Condominium v. Policicchio, 2024 NY Slip Op 03026 ↩
23. New York State Attorney General, Regulatory filing fee information, Filing Fee Schedule ↩
24. New York State Attorney General, Increased and New Filing Fees Pursuant to General Business Law §§ 352-e(7) and 352-eeeee ↩
25. New York State Senate Open Legislation, 2025-S1177 ↩
26. New York State Senate Open Legislation, 2025-S7745 ↩
27. New York State Senate Open Legislation, 2025-S7600 ↩
28. New York State Senate Open Legislation, 2025-S7432 ↩
29. U.S. Department of Housing and Urban Development, Housing Discrimination Under the Fair Housing Act ↩
30. ADA.gov, Law, Regulations and Standards ↩
31. Consumer Financial Protection Bureau, 12 CFR Part 1006, Fair Debt Collection Practices Act, Regulation F ↩
32. U.S. Department of Justice, Guide to the Servicemembers Civil Relief Act ↩
33. Federal Communications Commission, Installing Consumer-Owned Antennas and Satellite Dishes ↩