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73 St. John's L. Rev. 199 (1999)
Home Owner Association Assessement Litigation in New York-An Overview

handle is hein.journals/stjohn73 and id is 223 raw text is: HOME OWNER ASSOCIATION ASSESSMENT LITIGATION IN NEW YORK-AN OVERVIEW PATRICK J. ROHAN* JOHN P. HEALY** I. INTRODUCTION The Home Owner Association arrangement (hereinafter HOA) has been a familiar part of the American residential property scene since the turn of the century. The HOA format, however, was not widely used until after World War II, when the advent of F.H.A. documentation and related texts brought new life to the concept. Thereafter, when new housing developments began to feature golf courses, swimming pools, tennis courts, and other rec- reational facilities, the HOA became the vehicle of choice to own and operate these amenities. In the early nineteen sixties, the ad- vent of condominium legislation in all fifty states, as well as the appearance of the time-sharing arrangement, further spurred interest in residential properties that were operated, to a greater or lesser degree, by an HOA type vehicle. HOAs have also been employed to hold title to large scale amenities (such as golf courses), that are designed to be utilized and paid for by constitu- ent owners of two or more independent condominium develop- ments. Another impetus to the use of the HOA originated with lo- Copyright 1999, Patrick J. Rohan and John P. Healy. B.A., LL.B. St. John's University;, LL.M. Harvard Law School, J.S.D. Columbia University; Professor of Law, St. John's University. In the interest of full disclosure the reader is advised that Professor Rohan served of counsel to the attorneys for the developer in the Roxrun case, and of counsel to the attorneys for the plaintiff-stockholders in the Sherry Netherlands Hotel case, both of which are referred to in this article. B.A. Amherst College; J.D. St. John's University; currently an associate in the firm of Kaye, Scholer, Fierman & Handler, L.L.P. ' For a detailed treatment of the origin and development of home owner associa- tions in the United States, see 6A PATRICK J. ROHAN, REAL ESTATE TRANSACTIONS: HOmE OWNER ASSOCIATIONS AND PLANNED UNIT DEVELOPMENTS-LAW AND PRACTICE (1998). This treatise also contains an analysis of applicable federal and state laws; il- lustrative documentation; and a comprehensive bibliography on the subject.

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