The Guide to New York HOA Laws

• Section 601 defines what it means to be a member of any nonprofit corporation, including an HOA, and permits organizations to establish classes of membership in their governing documents.
• HOAs, as nonprofit corporations, have members. For HOAs, membership is established through homeownership.
• HOAs may establish different membership classes in their bylaws or incorporation documents.
• Classes can determine the differing levels of rights and voting privileges to which each member is entitled.
  
  What it means for HOAs: Board members are accountable to homeowners, and membership roles and privileges must be memorialized in official documents.

This law establishes the process for filling board seats if the HOA fails to elect board members in a timely manner.

• If directors are not elected at the annual meeting, a vote can be held during a special meeting.
• That meeting can be called by a percentage of membership if the board does not schedule it, and the standard quorum isn’t necessary.

What it means for HOAs: An HOA cannot be left without leadership for too long. Members can assume responsibility if the current board fails in its duties.

HOAs can limit or define the voting rights of different member classes.

• The certificate of incorporation or bylaws may specify which member classes cannot vote or may vote only on certain issues.
• At least one member class must have full voting rights.

What it means for HOAs: The rules for voting come from governing documents, not board whims. These documents make it clear to members and boards which elections they can vote in.

This law provides an alternative for making HOA decisions outside of a formal meeting.

• Should all members allowed to vote on the matter agree, a formal meeting is unnecessary.
• Decisions can be documented in written or electronic form.
• Some HOAs may allow for less than unanimous consent, according to their certificate of incorporation.

What it means for HOAs: Per New York HOA laws, there is flexibility in making decisions outside of formal meetings, as long as the decisions are sufficiently documented. Software with comprehensive document storage makes complying with this and related laws simple.

An HOA can apply stricter quorum or voting threshold rules than those set by New York state law.

• While the law provides baseline quorum and voting threshold rules for all HOAs, individual HOAs can set their own in their bylaws.
• The state law should be considered a minimum for your bylaws. Quorum requirements may not be looser than state law.

What it means for HOAs: HOAs must follow the quorum and voting percentage requirements in their bylaws, even if those are more difficult to reach than the minimums provided by the state. 

This section of New York HOA law permits members to enter into formal agreements regarding upcoming votes.

• Two or more members can formalize an agreement to vote the same way in an election or to decide how to vote via a specific process.
• Such agreements must be put in writing and signed to be legally binding.

What it means for HOAs: Groups of members can organize and act collectively for board elections, rule changes, and other major HOA decisions. 

HOAs are required to keep basic records and make many available to members.

• HOAs must keep meeting minutes, financial records, and member lists, and they must be accurate and complete.
• Members can access meeting minutes and membership lists if they’ve been a member for at least six months or represent at least 5% membership interest.
• Basic financial statements must be provided to homeowners upon request.

What it means for HOAs: Boards are responsible for keeping accurate and accessible records and readily providing them to members who have been part of the HOA long enough or who represent 5% or more of the membership. Document storage solutions help HOAs maintain transparency standards.

This law confirms that board members are legally obligated to act responsibly and in the best interest of the HOA.

• Legal action can be taken against board members who breach their fiduciary duties, including misusing funds, failing to fulfill their responsibilities, engaging in self-dealing, and improperly transferring funds.
• Action can be taken by the HOA, other board members, the New York Attorney General, or, in certain circumstances, homeowners.

What it means for HOAs: Volunteer board members can face real legal consequences for mishandling funds, engaging in improper transactions, or other wrongdoing. Homeowners have a well-defined avenue for addressing perceived misconduct.

The HOA board must present a financial report to homeowners annually.

• The annual member meeting must include a detailed financial report for the HOA that’s been verified or certified.
• Elements must include assets and liabilities, changes to assets and liabilities, revenue and expenses, and the number of members for the fiscal year.

What it means for HOAs: Homeowners are entitled to know how their funds are managed. Boards can use PayHOA’s financial tools and bookkeeping service to easily create a financial presentation that complies with New York HOA laws.

This law limits how much an HOA can restrict a homeowner’s installation of solar power systems.

• HOAs cannot create or enforce rules that effectively prevent homeowners from installing solar panels.
• While they can require compliance with certain conditions, those conditions cannot be unreasonably difficult or expensive.
• Denial of an application must include a clear explanation of why.

What it means for HOAs: Boards can regulate the placement and aesthetics of solar energy devices within reason. They cannot ban them outright or make approval so burdensome it amounts to a ban.

New York’s overarching anti-discrimination law also applies to HOAs.

• It prohibits housing discrimination based on race, religion, gender, sexual orientation, family status, and other characteristics.
• It ensures equal treatment within HOA rules, enforcement practices, and membership decisions.

Signed by the governor in October 2025, this bill establishes a standard advanced notice requirement for HOAs to foreclose on a home.

• HOAs must provide homeowners with at least 90 days’ written notice before commencing foreclosure due to unpaid common charges, fines, assessments, or fees.
• The notice must be sent to both the property address and another address on record, and it must include the exact amount due.

What it means for HOAs: Boards need to build the 90-day notice into their collections process before any foreclosure action begins. That means tracking delinquencies early and sending written notice to both the property address and a secondary address on file with the exact amount owed. Skipping or shortening the notice period, or sending it to only one address, could invalidate the foreclosure and expose the association to legal challenges.