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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110473
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I live in NYS and our HOA has decided since my house is the

Customer Question

I live in NYS and our HOA has decided since my house is the last on the street the bobcat snow removal machine is park there by the side of house. I have asked many times for them to find another place such as up by the Gazebo. They finally said, that's were it's going to stay. what can I do about. it states no unlicensed vehicles or machinery can be parked in yard but this should apply to them as well.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is an issue with HOA in that their board gets to make their rules and laws for the HOA and NYS law allows the HOA bylaws to set rules. If the bobcat is being stored on common land, which is under the control of the HOA they have the legal right to do so and the HOA members can only change that by passing a bylaw to prevent the board from doing so. This would require the members submitting a proposed bylaw change and then having the matter set for a vote and getting the members to pass the bylaw.
Legally I am afraid that changing the bylaws is the only way you can stop them from parking the unit on common property next to the house.

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