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Can multiple property owners vote more than once in an HOA in New York?

Can multiple property owners vote more than once in an HOA in New York?

Full question:

I own a property in an HOA in New York State. Both our Declaration and Bylaws state that regardless of how many properties a person owns, he or she has just one vote at the HOA annual meeting. At the most recent Annual Meeting, two people voted multiple ballots. Is there a law in NY that states that multiple property owners have multiple votes, or did our board incorrectly allow these people to vote multiple ballots?

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: New York

Answer:

In New York, state laws do not mandate that votes correspond to property ownership. According to NY law, the by-laws of an HOA must outline the voting process, including how many votes each owner has. Your Declaration and Bylaws specify that each person, regardless of property ownership, has only one vote at the annual meeting. Therefore, if the board allowed individuals to vote multiple times, it appears they acted contrary to your governing documents. For reference, see NY law § 339-v, which outlines the required contents of by-laws.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How many votes does a property owner have in an HOA in New York?

In New York, the number of votes a property owner has in a homeowners association (HOA) is determined by the HOA's governing documents, such as the Declaration and Bylaws. Typically, these documents specify that each owner has one vote, regardless of the number of properties owned. Therefore, if your HOA's rules state one vote per owner, that is the limit, and additional votes are not permitted.

Can a homeowners association override its bylaws regarding voting?

No, a homeowners association (HOA) cannot override its bylaws regarding voting. The bylaws are legally binding documents that outline the voting process and rights of members. Any changes to the voting rules must follow the procedures set forth in the bylaws themselves, which usually require a vote from the membership. If the board allows actions contrary to the bylaws, it may be acting unlawfully.

What can I do if I believe my HOA is violating its voting rules?

If you believe your homeowners association (HOA) is violating its voting rules, you can first address the issue with the board by raising your concerns in writing or at a meeting. If the board does not rectify the situation, you may consider gathering support from other members to take further action, such as calling for a special meeting or seeking legal advice. Documenting any violations will also be helpful if you decide to pursue legal remedies.

Are there specific laws governing HOA voting in New York?

Yes, in New York, there are laws that govern homeowners associations (HOAs) and their voting procedures. New York law requires that the bylaws of an HOA outline the voting process, including how many votes each member has. For reference, NY law § 339-v addresses the necessary contents of bylaws. It's important to consult these laws and your HOA's governing documents for guidance on voting rights.