Condo Owner Can't Block Antenna Installation in Common Area

Condominium unit owner sued condo's board of directors and telecommunications company, and asked the court to block installation of a cell phone antenna in any of the building's common areas. Condo board and phone company asked the court to dismiss the case. Unit owner claimed that the proposed installation would violate Real Property Law Section 339(d), because it would be an alteration of the roof or basement storage areas and therefore consent of all unit owners was required. The court denied the unit owner's request for a temporary delay of the installation while the case was pending. The law didn't bar a condominium from enteriing into an agreement related to the use of common elements. And to be an "affected" unit owner under the law, the unit had to be physically adjoining the common elements to be altered. The unit owner didn't describe the proposed physical alterations or explain how they would affect his unit. The building's bylaws also give the board of managers authority to make alterations, additions, or improvements costing $25,000 or less without the approval of the unit owners.

DiFabio v. Omnipoint Communications Inc.: NYLJ, 2/7/08, p. 32, col. 1 (Sup. Ct. Westchester; Donovan, J)