Can a condo board restrict what I do with my unit?

What the Law Says

New York law allows condominium boards to adopt rules governing unit use — but those rules must be reasonable, consistent with the condominium’s governing documents, and not violate state or federal law.

Under New York law, condominiums are governed primarily by the Real Property Law (RPL), especially Article 9-B (the Condominium Act). The board’s authority comes from the condominium’s declaration, bylaws, and proprietary lease (if applicable). These documents define the scope of the board’s power — including the ability to adopt house rules.

A board may adopt rules about noise, pets, rentals, alterations, and other uses — but only if the rule is reasonably related to health, safety, welfare, or preservation of property value. Rules cannot be arbitrary, discriminatory, or contrary to public policy.

Importantly, the board must follow proper procedures: notice to unit owners, opportunity for input (if required by bylaws), and formal adoption at a board meeting. Major changes affecting fundamental rights — like banning all rentals — may require unit owner approval.

Statutory Text

The declaration shall set forth the purposes for which the property is to be used and any restrictions upon such use.

— N.Y. Real Prop. Law § 339-v — Declaration requirements

Statutory Text

The bylaws may provide for the management of the property and the conduct of the affairs of the unit owners' association, including the adoption of rules and regulations.

— N.Y. Real Prop. Law § 339-j — Bylaws authority

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