FORMING AND MAINTAINING A HOMEOWNERS ASSOCIATION (HOA)

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Declaration of Covenants, Restrictions, Easements, Charges and Liens for a HOA

The By-laws and Declaration are very important documents that are necessary to the governing of the HOA members.  The House Rules/Community Rules are also important for governing purposes.  Make sure that clear language is used to draft these documents.  Avoid ambiguities.  Ensure that all applicable laws, statutes, rules, ordinances and codes are followed to steer clear of future issues.  A very simple way to ensure that you don’t run afoul from a legal standpoint would be to employ a corporate attorney in Nassau County to draft these documents for the Homeowners Association.

In order for the HOA community to run smoothly and the board members to carry out their duties effectively, the By-laws, Declaration and House Rules/Community Rules should be consistent in their terms.  Lack of uniformity will lead to disputes, resentment and a hostile living environment that will surely disrupt the community. 

Amending a Declaration of Covenants, Restrictions, Easements, Charges and Liens for a HOA

Homeowners Association bylaws can be amended from time to time as long as the procedure set forth in the Declaration of Covenants, Restrictions, Easements, Charges and Liens are complied with.  It is important to understand that “The operation of the property shall be governed by By-laws, a true copy of which shall be annexed to the declaration. No modification of or amendment to the By-laws shall be valid unless set forth in an amendment to the declaration and such amendment is duly recorded.”  N.Y. Real Prop. Law § 339-u (McKinney).  A corporate attorney in Nassau County would be integral in explaining and complying with the law.

General Counsel

The Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you with outlining, drafting and effectively governing your HOA.  Our experienced attorneys are the perfect corporate counsel to assist you during these important times.  Please call us at (516) 858-2620 today and ask about our general counsel and per diem legal services!

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