Q: In my townhome community on Long Island, the board requires that the exteriors and windows of the homes be inspected by an outside company. If the inspector finds deficiencies, they will be given time to fix them, but failure to do so could result in increased fines. Based on our experience, we expect defects to be very discretionary. Because residents own their homes and the small plots of land they live on, we must give inspectors permission to enter our properties. While our governing documents already provide mechanisms to address obvious signs of neglect in individual cases, they do not provide for such large-scale mandatory inspections. We keep our house in generally good condition. We have to comply and is this even legal in New York?
answer: Your townhome community’s declared articles and bylaws list the actions that are within the board’s authority.
Homeowners associations elect a board of directors that has a fiduciary responsibility to its members and is charged with acting in the best interest of its members and with integrity. Boards often have broad powers to carry out their duties, depending on the content of the community’s documents.
Many homeowners associations have bylaws that state exterior maintenance, such as window repair or replacement and weatherization, is the responsibility of each homeowner.
Under New York state law, a board’s decision to conduct a site-wide visual inspection and hire an outside contractor to do it is subject to the “business judgment rule,” as long as the decision to inspect was made for a legitimate business purpose. will be protected. Nancy Corland, a partner at the Lasser Law Group, a Long Island lawyer, said the law was authorized by ordinance, applied to all homeowners and was done in good faith.
“Here, the commission appears to have sufficient authority to hire a professional inspection company to assist with the inspection of all exteriors throughout the region,” Courland said.
If you disagree with the inspector’s findings, you can also hire your own inspector and use the report as a negotiating tool with the board regarding the scope of repairs.
Andrew Reeve, a New York lawyer who specializes in real estate litigation, said even if it turns out the board doesn’t have the authority to require such testing, it still needs to decide whether it wants to fight. Following the inspection could save you thousands of dollars in an expensive and potentially lengthy legal battle. You can also use this situation as fuel for your own campaign for the board, or that of your like-minded neighbors.
Homeowner associations are democracies, but living in one exposes you to some level of intrusion, Reeve said. “You’re signing up for it.”
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