Cooperative & Homeowners Association Law Firm

TO FILE, OR NOT TO FILE? FOR AN HOA BOARD, THAT MAY NO LONGER BE THE QUESTION

Life used to be fairly simple.  In the old days, when a Long Island Homeowners Association (HOA) amended its Declaration or By-Laws, the common practice was for the Board to file a Certificate of Amendment with the County Clerk. 

First of all, when an amendment is filed with that office, all owners and subsequent owners of homes in the community will legally be on notice that such amended rules exist and apply to them.  Filing amendments with the County Clerk’s Office is also a good way to make sure those documents can be easily located by future generations of board members and homeowners.  Finally, the Declaration of most HOAs requires that amendments be recorded in order to be effective.
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