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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Homeowners’ Association: The Preserve Homeowners’ Association, Inc. v. Zhan

Fourth Department — Homeowners’ Association: The Preserve Homeowners’ Association, Inc. v. Zhan

Appellate Division, Fourth Department

Homeowners’ Association

Restrictive Covenants — Powers of the Board

The Preserve Homeowners’ Association, Inc. v. Zhan
CA 13-01123
Appealed from Supreme Court, Onondaga County

Background: The plaintiff’s Board of Directors directed the defendants to remove two chickens from their property because the presence of the chickens violated a restrictive covenants associated with a declaration of the homeowners association. The defendants appealed from the grant of the plaintiffs’ motion for summary judgment.

Ruling: The Appellate Division reversed. The court held the underlying declaration granted the board absolute power to prohibit a pet from being kept on the properties, including inside residences constructed thereon.

Michael J. Kawa for the plaintiff-appellant; Sonny Z. Zhan and Hong Xu, pro se