Legal Question in Real Estate Law in New York

We have a summer home in NY state in a small private association (7 houses). We have been renting out the home for years and there has never been an issue. The other homeowners are now trying to impose a fee for us to rent the home. There is nothing stated in the association bi-laws that we cannot rent, or anything about fee to rent.

Does the association have any claim to charge us a fee?


Asked on 8/20/14, 8:40 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

It seems not presently since the HA By-Laws are silent. However, there might be a possibility that the By-Laws can be amended and you seem to be outvoted if they change them to cover rentals. Anything that is done has to comply with the HA By-Laws, including notices of meetings, proposed changes, etc.

This is a response to an Internet question and the reply is for information purposes only and is not intended to be legal advice or as creating an attorney-client relationship..

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Answered on 8/20/14, 12:11 pm
Ron Brien Law Office of Ronald J. Brien LLC

Also read your deed and see if anything pertains to your issue.

This is a response to an Internet question and the reply is for information purposes only and is not intended to be legal advice or as creating an attorney-client relationship..

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Answered on 8/21/14, 12:08 pm


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