Corey Auerbach, Land Use & Zoning Practice Area chair, had his “Skating on Thin Ice: When HOA Rules Land You in the Penalty Box” article published in the Spring 2026 issue of Community Associations Connection, a newsletter from the Community Association of Western New York. The article discusses the Erie County Supreme Court’s decision in Zinno v. Waterford Village Association, Inc., which reaffirmed that while homeowners association boards may enforce existing rules, they cannot create new substantive property-use restrictions through guidelines alone.
The court invalidated an HOA’s after-the-fact prohibition on front-yard ice rinks and voided nearly $2,000 in fines, holding that the association lacked authority to impose a use restriction not contained in its declaration and not approved by the required supermajority of owners. Rejecting the board’s reliance on the business judgment rule, the court emphasized that good faith does not cure actions taken beyond granted authority.
The decision serves as a clear reminder that when boards seek to materially limit owners’ property rights, they must follow the formal amendment procedures set forth in their governing documents.
Click here to read the full article on pages 5 and 10.