June 16, 2023 – Ian J. Brandt, a co-op and condominium attorney and Partner in DHC’s Real Estate Law group, was interviewed by U.S. News & World Report in their article “Which HOA Rules Can Be Enforced – and Which Can’t?”
Brandt spoke about some of the ways in which local laws can supersede HOA rules and co-op and condo bylaws, pointing to the New York Roommate Law as a key example. When a co-op proprietary lease outlines that only one family can occupy a residence, New York’s Roommate Law overrides that rule, allowing a tenant to have a roommate and that person’s entire extended family legally live with them.
Brandt also noted that many HOA challenges are relatively uncommon due to the financial burden they can have on residents and a brief statute of limitations in some areas, such as in New York, where statue is within four months of a rule adoption.
To read the full article, click here.