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Senate Bill S2298

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2009-S2298 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยง339-ll, RP L

2009-S2298 (ACTIVE) - Summary

Allows a prevailing party in an action brought to enforce contractual covenants or property restrictions which run with the land on a home in a homeowners association to be awarded reasonable attorney's fees and costs; defines the term homeowners association.

2009-S2298 (ACTIVE) - Sponsor Memo

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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