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S2298Senate2009-2010 Session

Allows homeowners associations to recover attorneys' fees incurred from certain real property causes of action

Sponsor Frank PadavanSD-11Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Frank Padavan

Senator · Senate District 11

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the real property law, in relation to providing for the recovery of attorneys' fees for enforcement of certain covenants or property restrictions

Purpose

Allows homeowner associations to recover attorneys' fees and costs incurred in attempting to enforce contractual covenants or property restrictions.

Summary of provisions

Adds a new section, 339-11, to the real property law.

Justification

Restrictive deed covenants impose prohibitions on the owners of residential property. For example a deed restriction may prohibit certain types of structures, commercialization or usage even though such usage may be permitted by local zoning laws. If enforcement of such covenants are not legally enforced because of the high cost of litigation, such inaction will render the covenants null and void, negatively affecting the quality of life of a neighborhood.

Legislative history

S.65 of 2007-08; S.319 of 2005-06; S.1322-A of 2003-04.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.