Legal Question in Real Estate Law in New York

Re: Selling a Beach Association Membership deeded to Property

In order to answer your questions, I would have to see the deed and other documents pertaining to the association. Depending on the facts, it is possible that there should have been a filing with the New York State Attorney General and there might be an obligation to file with the Office of Interstate Land Sales Registration. If these steps were required by law but omitted, you and your fellow community members have remedies.

If the property is being mismanaged, leading to excessive costs being assessed or diminished property values, you probably have remedies for that, too. These would include removing the mananger as well as a suit for damages. There is no such thing as a non-cancellable management agreement for a planned development, condo or coop.

It is unlikely that you can sell your interest in the recreational properties apart from the home. It is possible (for example, if required disclosure documents were not filed and provided to each purchaser) that you can set aside the restrictive covenants, but this would be expensive and might not be worthwhile. However, if a majority of the homeowners (it might require a super-majority, such as two-thirds of the homeowners) voted to rescind the restrictive covenant(s), you likely could do so.

My suggestion is that you and a number of your fellow homeowners come together to pursue your rights, and that several representatives be selected to speak to an attorney.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon unless and until an attorney-client relationship is entered into. Doing so would require signing an engagement letter and depositing a retainer to secure payment of legal fees.