NY Daily Record Since 1908
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
