Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to judiciary |
Feb 17, 2009 |
referred to judiciary |
Senate Bill S2298
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S2298 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Law
- Laws Affected:
- Add ยง339-ll, RP L
2009-S2298 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2298 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 :
2009-S2298 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2298 2009-2010 Regular Sessions I N S E N A T E February 17, 2009 ___________ Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property law is amended by adding a new section 339-11 to read as follows: S 339-11. RECOVERABLE ATTORNEYS' FEES. (A) AS USED IN THIS SECTION, "HOMEOWNERS ASSOCIATION" IS AN ASSOCIATION OR CORPORATION ESTABLISHED TO GOVERN A PRIVATE COMMUNITY WHOSE MEMBERS OWN THE IMPROVED LOTS OR HOMES OR BOTH SUCH LOTS AND HOMES OF WHICH THE COMMUNITY IS COMPOSED. MEMBER- SHIP IN THE ASSOCIATION IS MANDATORY FOR OWNERS OF A LOT OR HOME IN THE COMMUNITY. "HOME" MEANS A HOUSE OR CONDOMINIUM UNIT WITHIN A HOMEOWNERS ASSOCIATION. (B) IN ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW, THE PREVAILING PARTY IN A REAL PROPERTY ACTION BROUGHT TO ENFORCE THE HOMEOWNERS ASSO- CIATION CONTRACTUAL COVENANTS, OR PROPERTY RESTRICTIONS WHICH RUN WITH THE LAND, SHALL BE AWARDED REASONABLE ATTORNEYS' FEES AND OTHER COSTS OF LITIGATION REASONABLY INCURRED. S 2. This act shall take effect immediately and shall apply to all causes of action commenced on and after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09312-01-9
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