Start with the basics. After the next page, you can submit right away or
add more detail if you have documents and roster information ready.
Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (no dedicated HOA act)
New York has no single statute governing homeowners associations, so a planned community is generally controlled first by its recorded declaration and bylaws, and then by the Not-for-Profit Corporation Law (N-PCL) if the association is incorporated as a not-for-profit, as many are. Because there is no statutory default amendment percentage for HOAs, the vote required to amend the declaration or CC&Rs is generally whatever the recorded declaration itself specifies. Where lots were sold to the public, the Attorney General's offering-plan rules under the Martin Act (Gen. Bus. Law § 352-e) may also apply while a sponsor is still selling.
Condominiums (Condominium Act)
New York condominiums are generally governed by the Condominium Act (Real Property Law Article 9-B, §§ 339-d et seq.) together with the recorded declaration and bylaws. The declaration generally states its own method of amendment, and amendments to the bylaws generally require at least 66 2/3% of unit owners in both number and common interest (RPL § 339-v). A unit's common-interest percentage generally has a permanent character and generally cannot be altered without the consent of all affected unit owners (RPL § 339-i).
How the vote can run
For incorporated associations, the N-PCL generally allows member meetings to be held in person, partially, or entirely by electronic or remote means, with safeguards to verify members and let them participate and vote (N-PCL § 603). Members may also generally vote by proxy, including proxies authorized by email (N-PCL § 609), and action without a meeting generally requires unanimous written or electronic consent unless the certificate of incorporation permits less (N-PCL § 614). The Condominium Act and most governing documents leave the detailed ballot, notice, and secrecy mechanics to the bylaws, so we generally mirror your documents rather than impose a one-size rule.
Before we quote
New York details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful New York vote has to answer.
New York has no comprehensive HOA statute, so a planned community's amendment vote is generally set by its recorded declaration and bylaws rather than by a fixed state percentage.
Many New York associations are incorporated as not-for-profits, so the Not-for-Profit Corporation Law (N-PCL) generally supplies the default meeting, notice, quorum, proxy, and voting rules.
For condominiums, amending the bylaws generally needs at least 66 2/3% of unit owners in both number and common interest (RPL § 339-v), while the declaration generally states its own amendment method.
Changing a unit's common-interest percentage in a condominium generally requires the consent of all affected unit owners (RPL § 339-i), subject to a limited eminent-domain exception.
A condominium bylaw amendment generally must be set in a recorded declaration amendment (RPL § 339-u) and recorded and filed with the New York Department of State to be effective (RPL § 339-s).
Incorporated associations may generally hold member meetings fully or partly by electronic or remote means with statutory safeguards (N-PCL § 603), and proxies may generally be authorized by email (N-PCL § 609).
Action by written or electronic consent without a meeting generally requires every member unless the certificate of incorporation allows less than unanimous consent (N-PCL § 614).
If a sponsor is still selling, amendments may also need to be filed with the New York Attorney General under the Martin Act offering-plan rules (Gen. Bus. Law § 352-e).
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Your contact info
Tell us who to contact and which community needs a quote.
