LVT Number: #26709
Residential condominium unit owner sued the condo residents’ board and the building’s condo board to stop the condo board from seeking unpaid common charges assessed under the building’s 2014 budget. The residential board asked the court to prevent the condo board from taking any action against unit owners or the residential board relating to unpaid common charges that were assessed under the building’s 2014 budget and to stop any action on the 2015 budget while the case was pending. The residential board claimed that the 2014 budget, which included a special assessment to satisfy a 2013 shortfall, was expressly forbidden by the bylaws. The court ruled against the residential board, finding that there was no likelihood that it would win the case. The bylaws plainly permitted the condo board to charge the special assessment to unit owners on 45 days’ notice to the residential board, which they provided.
OA Manhattan LLC v. The Condominium Board of Managers of Cassa NY Condominium: Index No. 151067/14, NYLJ No. 1202743112356 (Sup. Ct. NY; 10/16/15; Coin, J)
