Assembly curbs HOA rules that unreasonably block low‑impact landscaping, citing water-safety and property protections
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Summary
The Assembly passed a bill that limits homeowners associations from enforcing rules that effectively prohibit low-impact landscaping; debate focused on whether the state should override voluntary HOA contracts and on environmental benefits for water protection. (Vote: 94–46)
The Assembly approved A.10102 (calendar 301), a bill that prohibits homeowners associations from adopting or enforcing rules that effectively prohibit or unreasonably limit low-impact landscaping. The sponsor said the bill protects property owners who need options (for example, to mitigate repeated flooding) and compared it to earlier state protections for solar installations and electric-vehicle chargers.
Opponents said the measure risks encroaching on voluntary contracts entered into when homeowners purchased property subject to HOA covenants; they noted that the governor vetoed a similar bill last year. Member Gandolfo and others argued the state should not override private HOA agreements and suggested local remedies (lobby the HOA board or run for the board) as alternatives. Sponsor Glick countered that contracts are frequently revisited and that environmental concerns such as protecting drinking-water aquifers on Long Island justify the law.
The clerk recorded the vote: Ayes 94, Nays 46. The bill was passed.