General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- New York has no single homeowners association act: condominiums follow the Condominium Act, cooperatives follow corporate law and their proprietary leases, and most associations are not-for-profit corporations.
- Members of an association organized as a not-for-profit corporation generally have a right to inspect its member list, minutes and financial records.
- Limits on renting come from each community's declaration, bylaws or proprietary lease, and cooperative boards commonly require approval of subleases.
New York has no single homeowners association statute. Condominiums follow the Condominium Act in the Real Property Law, cooperatives follow corporate law and their proprietary leases, and most homeowners associations are not-for-profit corporations.
New York hoa laws at a glance
| Rule | New York | Law |
|---|---|---|
| Governing law | New York has no single homeowners association act: condominiums follow the Condominium Act, cooperatives follow corporate law and their proprietary leases, and most associations are not-for-profit corporations. | Real Property Law Article 9-B (Condominium Act) and Not-for-Profit Corporation Law |
| Owner access to records | Members of an association organized as a not-for-profit corporation generally have a right to inspect its member list, minutes and financial records. | Not-for-Profit Corporation Law (books and records) |
| Rental restrictions | Limits on renting come from each community's declaration, bylaws or proprietary lease, and cooperative boards commonly require approval of subleases. | Condominium Act and governing documents |
The governing law
Association rules come in layers: state law first, then the declaration, the bylaws and finally board rules. A rule that conflicts with a higher layer usually fails.
Governing law. New York has no single homeowners association act: condominiums follow the Condominium Act, cooperatives follow corporate law and their proprietary leases, and most associations are not-for-profit corporations. (Real Property Law Article 9-B (Condominium Act) and Not-for-Profit Corporation Law)
Records
Owner access to records. Members of an association organized as a not-for-profit corporation generally have a right to inspect its member list, minutes and financial records. (Not-for-Profit Corporation Law (books and records))
Board meetings
We could not confirm a statewide rule here. Check your county court or a local attorney.
Assessments, liens and collections
We could not confirm a statewide rule here. Check your county court or a local attorney.
Rental restrictions
Rental restrictions. Limits on renting come from each community's declaration, bylaws or proprietary lease, and cooperative boards commonly require approval of subleases. (Condominium Act and governing documents)
Mistakes to avoid
- Holding board decisions without the notice owners are entitled to.
- Not keeping records ready for owner requests.
- Fining owners without the notice and hearing steps in the governing documents.
- Enforcing rental rules that are not in the recorded documents.
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General information, not legal advice.
Verify current law
We last checked these New York rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a New York attorney about your situation.
Laws named on this page
- Real Property Law Article 9-B (Condominium Act) and Not-for-Profit Corporation Law
- Not-for-Profit Corporation Law (books and records)
- Condominium Act and governing documents
Official sources
New York forms for this topic
Asked by landlords in this state.
Which law governs HOAs in New York?
New York has no single homeowners association act: condominiums follow the Condominium Act, cooperatives follow corporate law and their proprietary leases, and most associations are not-for-profit corporations. Source: Real Property Law Article 9-B (Condominium Act) and Not-for-Profit Corporation Law.
Can New York homeowners see association records?
Members of an association organized as a not-for-profit corporation generally have a right to inspect its member list, minutes and financial records. Source: Not-for-Profit Corporation Law (books and records).
Can a New York HOA ban rentals?
Limits on renting come from each community's declaration, bylaws or proprietary lease, and cooperative boards commonly require approval of subleases. Source: Condominium Act and governing documents.