How to Fight an HOA Violation in New York

New York's HOA and condominium fining process is governed by the association's bylaws and house rules, with important protections from New York case law. The landmark case Levandusky v. One Fifth Avenue Apartment Corp. (1990) established the "business judgment rule" for co-op and condo boards, which gives boards deference in their decisions but requires them to act in good faith and follow proper procedures. Compare New York's rules to neighboring states: New Jersey, Connecticut.

The New York Fining Process

1. Violation Identification — The board or managing agent identifies an alleged violation of the bylaws, house rules, or declaration.
2. Written Notice — The board sends written notice of the alleged violation, including the specific rule violated, the required cure action, and potential consequences.
3. Cure Period — Most New York governing documents provide a cure period (typically 10-30 days) to correct the violation before fines accrue.
4. Opportunity to Be Heard — Before imposing a fine, the board should provide the owner with notice of the hearing and an opportunity to present their case. This is required by most bylaws and reinforced by due process principles.
5. Board Determination — The board considers the owner's response and determines whether a violation occurred and what sanctions to impose.
6. Fine Imposition — If the board finds a violation, it imposes a fine consistent with the schedule in the bylaws or house rules.

New York courts will generally uphold board decisions under the business judgment rule if they were made in good faith, within the board's authority, and with proper procedures. However, courts will overturn decisions that are arbitrary, made in bad faith, or violate due process.

Follow this systematic approach to maximize your chances of successfully challenging a violation or fine in New York.

Step 1: Review the Violation Notice

Carefully examine the notice for:

• Specific description of the alleged violation
• Exact bylaw, house rule, or declaration provision cited
• Action required to cure the violation
• Deadline for cure or response
• Notice of any hearing date and your right to be heard
• The fine amount or schedule that may apply

Step 2: Review Your Governing Documents

Obtain and review your declaration, bylaws, house rules, and (for co-ops) proprietary lease:

• Does the cited rule actually exist and apply to your unit?
• Was the rule properly adopted by the board?
• Does the board have authority to impose fines under the bylaws?
• What is the established fine schedule?
• What enforcement procedures must the board follow?

Step 3: Gather Evidence

Build your defense with documentation:

• Timestamped photos of your property and the alleged violation
• Photos of other units with similar landscaping, parking, or noise violations not cited
• Communications with the board or managing agent
• Records showing you cured the violation within the cure period
• Evidence of procedural failures by the board

Step 4: Submit a Written Response

Prepare a formal written response that addresses:

• Your factual defense — why the violation did not occur or was cured
• Procedural defects in the notice or process
• Evidence of selective enforcement
• Citations to specific bylaws, house rules, and applicable law
• A clear request for dismissal or reversal of the fine

Read our guide on how to respond to HOA violation notices.

Step 5: Attend the Hearing

If a hearing is scheduled:

• Attend in person with organized evidence
• Present your case professionally and factually
• Object to any conflicts of interest among board members hearing your case
• Request the hearing be recorded or that detailed minutes be taken
• Ask for a written determination

Step 6: Escalation Options

If the board rules against you:

• Internal appeal — Check bylaws for appeal procedures
• New York Attorney General — The AG's Real Estate Finance Bureau oversees condominium and co-op governance; you can file a complaint
• Mediation — Many New York courts encourage or require mediation for HOA disputes
• Article 78 proceeding — For co-ops and condos acting in a quasi-governmental capacity, you may seek judicial review
• Civil court — Challenge the fine's validity in New York Civil Court (small claims for disputes under $10,000 in NYC) or Supreme Court

The business judgment rule is the most important legal principle in New York HOA and co-op litigation. Established in Levandusky v. One Fifth Avenue Apartment Corp. (1990), it determines how courts review board decisions — and understanding it is essential to fighting your violation effectively.

What Is the Business Judgment Rule?

Under the business judgment rule, New York courts will defer to a board's decision if:

• The board acted within its authority — The action was within the scope of power granted by the bylaws and governing documents
• The board acted in good faith — The decision was not made with corrupt motives or self-interest
• The board followed proper procedures — The board complied with the governing documents and provided due process
• The decision had a legitimate purpose — There was a rational basis for the action

When Courts Will NOT Defer to the Board

The business judgment rule does not protect board decisions that are:

• Arbitrary or capricious — No rational basis for the decision
• Made in bad faith — Evidence of personal animus, retaliation, or corruption
• Outside the board's authority — The board exceeded its powers under the governing documents
• Procedurally defective — The board failed to follow its own procedures or provide due process
• Discriminatory — The action violates fair housing laws or constitutes illegal discrimination
• Self-dealing — Board members benefited personally from the decision

How to Overcome the Business Judgment Rule

To successfully challenge a board decision, focus on proving one or more of these factors:

1. Procedural failures — Show the board did not follow its own bylaws or house rules in the fining process
2. Selective enforcement — Demonstrate that the same rule was not enforced against others in similar violation
3. Bad faith or retaliation — Provide evidence that the violation was issued in retaliation for legitimate activities (complaints, running for the board, etc.)
4. Exceeded authority — Show the board imposed a fine it had no power to impose under the governing documents
5. Discrimination — If enforcement is based on protected characteristics (race, religion, national origin, disability, etc.)

Recent Notable New York Cases

New York courts continue to refine the business judgment rule in HOA and co-op contexts:

• Levandusky (1990) — Established the business judgment rule for co-ops and condos
• 40 West 67th Street v. Pullman (2003) — Court upheld co-op board's authority to terminate a shareholder's proprietary lease, but required good faith and proper procedures
• Matter of Perlbinder — Courts have consistently held that boards must follow their own rules and provide due process

Selective enforcement is one of the most effective defenses against HOA and condo fines in New York. When a board enforces a rule against one owner but ignores identical violations by others, it undermines the legitimacy of the enforcement action and may overcome the business judgment rule.

Why Selective Enforcement Defeats the Business Judgment Rule

New York courts have recognized that selective enforcement can constitute bad faith or arbitrary action:

• Inconsistent enforcement suggests the rule is not genuinely important to the community
• Targeting specific owners while ignoring others indicates personal animus or retaliation
• Selective enforcement violates the board's duty of good faith to all owners
• Courts may find selective enforcement is arbitrary and capricious, overcoming the business judgment rule

How to Document Selective Enforcement

Step 1: Identify 3-5 other units with the same or similar violation that were not cited:

• Landscaping — Similar conditions at other units
• Noise violations — Other units with similar noise not cited
• Architectural changes — Unapproved alterations at other units
• Parking — Similar parking violations not enforced

Step 2: Request enforcement records from the board:

• List of all violations issued in the past 2-3 years
• Which violations resulted in fines
• Board meeting minutes discussing enforcement decisions
• The board's written enforcement policy

Step 3: Present comparative evidence at your hearing or in your written response:

1. Side-by-side photos comparing your unit with unfined units in similar violation
2. Clear labels identifying each property
3. A statement: "The board has selectively enforced this rule, citing me while ignoring identical violations at other units."
4. Argument: "Selective enforcement demonstrates bad faith and overcomes the business judgment rule."