New York HOA laws and condo bylaws: a board reference
A plain-language reference for New York boards and managers: which statute governs, who regulates, and how meetings, records, reserves, collections, elections and resale documents work. hoa.to is jurisdiction-aware, so notices and reserve rules follow New York defaults.
New York does not have a single HOA statute. Which law governs your community depends on its legal form. Condominiums are created under Article 9-B of the Real Property Law, titled the Condominium Act (sections 339-d through 339-mm). Homeowners associations are usually not-for-profit corporations governed by the Not-for-Profit Corporation Law plus their declaration and bylaws. Cooperatives are corporations that own the building, governed by the Business Corporation Law, the proprietary lease and the bylaws.
For a board asking about condo bylaws in New York, the starting point is section 339-v of the Condominium Act, which sets out what the bylaws must contain, and then the bylaws themselves, because New York leaves much more to the governing documents than states like California or Florida.
Real Property Law Article 9-B and the corporate statutes
The Condominium Act covers the declaration and bylaws, unit ownership and common elements, the board of managers, common charges and the lien that secures them, records, and insurance. Section 339-v lists the required contents of the bylaws (how the board is elected, meetings, assessments, maintenance and use restrictions). Section 339-w requires the board or manager to keep detailed, chronological records of receipts and expenditures. Sections 339-z and 339-aa create the lien for unpaid common charges, its priority, duration and foreclosure.
The Not-for-Profit Corporation Law supplies the mechanics an HOA's declaration does not: notice of member meetings (section 605), quorum and voting, and member inspection rights (section 621). Where the declaration or bylaws are silent, these default rules apply.
Regulator and where disputes go
New York has no agency that supervises the day-to-day governance of condominiums, cooperatives or HOAs. Disputes between owners and boards are resolved under the governing documents and in court. Because there is no tribunal, careful minutes, notices and financial records are the board's main protection.
What New York boards ask about most
Each topic points to the statute so you can read the current text before acting. Confirm anything consequential with counsel.
Meetings and notice
For an HOA organised as a not-for-profit corporation, section 605(a) of the Not-for-Profit Corporation Law requires written notice of a members' meeting not less than ten nor more than fifty days before the meeting when sent by first class mail, personal delivery or electronic means, and not less than thirty nor more than sixty days when sent by other classes of mail. Bylaws may set a longer minimum. For condominiums, meeting and notice rules come from the bylaws required by section 339-v; for cooperatives, from the bylaws and the Business Corporation Law.
Related: Annual meeting notice template · Board meeting agenda template
Records and financial reporting
Section 339-w of the Condominium Act requires the manager or board of managers to keep detailed, accurate records in chronological order of receipts and expenditures affecting the property, and says those records and the vouchers authorising payments must be available for examination by unit owners at convenient hours on weekdays. A written report summarising receipts and expenditures must be given to unit owners at least once a year.
For a not-for-profit HOA, section 621 of the Not-for-Profit Corporation Law lets a member of record for at least six months (or a holder of at least five percent of a class of capital certificates) inspect the minutes of member proceedings and the membership list on at least five days' written demand during usual business hours. Bylaws often grant broader access.
Reserves
New York has no statewide reserve study mandate for condominiums, cooperatives or HOAs. Reserve practice follows the bylaws and the board's fiduciary duty to maintain the property. A component study on a regular cycle is still the practical standard, and lenders reviewing co-op and condo financials will expect to see a reserve line.
Related: Reserve funding calculator · Guide: HOA reserve funds
Common charges, liens and collections
Under sections 339-z and 339-aa the board of managers has a lien on each unit for unpaid common charges, with the priority and duration the statute sets, and may foreclose it in the same way as a mortgage. Cooperatives collect maintenance under the proprietary lease and can terminate the lease for non-payment, a very different process. Because of these differences, confirm with counsel which path applies before sending anything beyond a reminder.
Related: Delinquent assessment notice template · Guide: collecting dues
Elections and voting
Board elections follow the bylaws (condominiums and cooperatives) or the bylaws plus the Not-for-Profit Corporation Law (HOAs). Check quorum, proxy and electronic voting rules in your documents before the meeting, since the statutes allow the bylaws to decide most of this.
Related: Quorum calculator
Resale and closing letters
New York closings rely on a payoff or status letter from the managing agent confirming common charges or maintenance owing, plus copies of the governing documents and financials. The form and turnaround are set by practice and the bylaws rather than a statutory certificate, so publish a request procedure and a fee schedule.
Related: Request a resale package
Board checklist for New York
- Identify the legal form (condominium, cooperative or HOA corporation) before citing any rule.
- Members' meeting notice sent inside the statutory window (10 to 50 days by first class mail or electronic means for a not-for-profit HOA) and per the bylaws.
- Receipts and expenditures recorded chronologically and open to owners on weekdays; annual summary distributed.
- Member records demands answered within the statutory period.
- Common charge arrears handled under the lien provisions of the Condominium Act, or the proprietary lease for co-ops, with counsel.
Frequently asked questions
What law governs condo bylaws in New York?
Section 339-v of the Real Property Law (the Condominium Act, Article 9-B) sets the required contents of condominium bylaws; the bylaws themselves then govern most day-to-day questions.
Is there a New York HOA act?
No single statute. Most New York HOAs are not-for-profit corporations governed by the Not-for-Profit Corporation Law and their declaration and bylaws. Condominiums use the Condominium Act; cooperatives use the Business Corporation Law and the proprietary lease.
Can New York unit owners inspect the books?
Yes. Section 339-w requires condominium receipts and expenditure records and vouchers to be available to unit owners at convenient weekday hours, with an annual written summary. HOA members have inspection rights under section 621 of the Not-for-Profit Corporation Law.
Does New York require reserve studies?
No statewide mandate. Reserves follow the bylaws and the board's fiduciary duty. Many boards still commission a study on a fixed cycle.
Official sources checked
- Real Property Law Article 9-B, Condominium Act
- Real Property Law section 339-w (records)
- Not-for-Profit Corporation Law section 605 (meeting notice)
- Not-for-Profit Corporation Law section 621 (inspection)
Checked 2026-09-19. Statutes are amended often; always read the current text.
Quick reference table
The rules hoa.to uses as New York defaults. Where a value says "per bylaws" or "per statute", the day count comes from your governing documents or the current statute.
Governing statute
New York Condominium Act (Real Property Law Article 9-B); co-ops under the Business Corporation Law; HOAs under the Not-for-Profit Corporation Law. N.Y. Real Property Law Article 9-B (condominiums). Governing documents: Declaration, bylaws and rules (proprietary lease for co-ops).
Meetings & notice
Board meeting notice: per bylaws day(s). Annual/membership meeting notice: per statute day(s). Meeting-notice lead times are set by the governing documents and the applicable corporate statute. Confirm exact day counts with counsel.
Records access
Owners may inspect records within the statutory day(s) of a written request. Owner/shareholder inspection rights arise under the governing documents and corporate law. Confirm the response clock with counsel.
Electronic voting
Permitted. Electronic voting is authorised in most states, but consent, authentication, secrecy and paper opt-out rules diverge. Election defects are a common litigation basis.
Reserve studies & funding
Not mandated statewide. Funding: disclosure only. No general statewide reserve-study mandate identified; follow the governing documents. Verify with counsel.
Liens & collections
Assessment liens are permitted. Common-charge and assessment liens are available; procedure differs for condominiums vs cooperatives. Verify with counsel. Surcharge disclosure note: New York requires the total credit-card price to be posted. Late-fee and interest terms follow the governing documents.
Resale / status documents
Document: estoppel / payoff letter. Statement of amounts owing provided on resale; verify form and turnaround with counsel.