ANSWERS:

Section 339-u of the Real Property Law provides that “The operation of the property shall be governed by by-laws…”, and Section 339-v provides in part that the by-laws may include provisions governing the use and maintenance of the property. Section 339-j of the Real Property Law further provides in part that “Each unit owner shall comply strictly with the by-laws and with rules, regulations, resolutions and decisions adopted pursuant thereto,” and details the remedies available to the Board for a failure to comply. Most by-laws also include provisions granting the Board the right to enact rules and regulations, without the consent of the unit owners, to implement the policies of the Board. In this way, the Board is given the authority to promulgate new rules and regulations under the provisions of the by-laws, and the authority to enforce those regulations by the provisions of the Real Property Law.

Kenneth Jacobs
Smith, Buss & Jacobs LLP
733 Yonkers Avenue
Yonkers, NY 10704
914-476-0600 X4102