Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

April 13, 2026

Corey Auerbach Authors Article for Spring 2026 Issue of Community Associations Connection

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.
 

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

Effective Immediately: NYS 2027 Budget Bill Amends State Climate Law

Alerts

No Need for Rental Companies to Provide Primary Insurance to Statutory Minimum, Says New York State's Highest Court

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Katherine Corbett, Judith Pelaez, Sumaya Hussein, Daniel Barlow, and William Odonnell—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Cortel Fleurima, Chelsie Reid, Elias Alshabbi, and Jason Lawrence—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

NYSDEC Declines to Challenge Wetlands Decision

Alerts

Reminder on New Title VI Coordinator Mandate: Compliance Considerations for NYS Higher Education Institutions