New York HOA & Condo Association Laws
New York regulates condominium creation through the Condominium Act and — uniquely — polices offerings through the Attorney General under the Martin Act, with co-ops governed separately by corporate law. Governance detail lives largely in bylaws rather than statute.
Which statutes apply in New York?
- Condominiums
- New York Condominium Act (Real Property Law art. 9-B)
- HOAs / planned communities
- No dedicated HOA statute — recorded declarations, bylaws, and state nonprofit-corporation law govern.
Key compliance rules for New York boards and managers
- New offerings require AG-accepted offering plans (Martin Act oversight)
- Common-charge liens are subordinate to first mortgages — collection strategy matters
- Business Judgment Rule (Levandusky) governs judicial review of board decisions
- NYC adds local requirements (e.g., Local Law 97 emissions compliance for many buildings)
Resale and disclosure requirements
No statutory resale certificate; managing agents issue status letters, and offering-plan amendments carry disclosure duties on sponsor sales.
Running associations in New York?
Portier369 handles the operational side of New York compliance — official records, owner and board notices, reserve and budget tracking, violation due process, and document packages — in one platform built for community association managers.
Frequently asked questions
What law governs condo associations in New York?
Condominiums in New York are governed by the New York Condominium Act (Real Property Law art. 9-B). Homeowners associations are generally governed by their recorded declarations, bylaws, and state nonprofit-corporation law.
Are resale disclosures required in New York?
No statutory resale certificate; managing agents issue status letters, and offering-plan amendments carry disclosure duties on sponsor sales.
What software helps New York associations stay compliant?
Association management software like Portier369 supports the operational side of New York compliance: maintaining official records, distributing meeting notices, tracking reserves and budgets, running violation due process with notices and hearings, and assembling resale document packages.
Nearby state guides
This guide is an educational summary, not legal advice. Statutes are amended regularly — confirm current law with an attorney licensed in New York before acting.