| The Condominium Act provides a set of
rules to create a condominium community. However, it was adopted
over 30 years ago, and questions continue to arise concerning its
meaning, as well as its application to problems which develop.
Courts are called upon to decide these issues, and write opinions
which interpret various sections of the act. Virtually all of
these opinions are a matter of public record. A number of these
are selected for publication by the leading publishers of
legal opinions.
We have organized these cases under the
sections to which they apply (abbreviated RPL §--- ). While this
system is not perfect, if you have a question about the meaning
of a section, you may see if we have chosen to include a case
which interprets that section.
|
| RPL § | CASE NAME | OFFICIAL CITE TO CASE | MAIN CONDOLAW QUESTION PRESENTED |
|---|---|---|---|
| 339-e |
Rego Park Gardens | 191 A.D. 2d 623 (2nd Dept. 1993) | Are roofs on sponsor's garage units properly part of the common elements? |
| 339-f |
1136 Tenants Corp. | 43 Misc.2d 588 (Civ.Ct.N.Y.Co. 1964) | Does the condominium act apply to cooperatives also? |
| Landmark Colony | 113 A.D.2d 741 (2nd Dept. 1985) | Does the statewide Condominium Act preclude regulation of condominium development by local governments? | |
| 339-h |
New City Condominiums | 123 Misc.2d 188 (J.Ct.Rock.Co. 1984) | Is there a landlord-tenant relationship between the owner of a condominium unit and the Board of Managers? |
| 339-i |
Surf East Condominium | 90 Misc.2d 1054 (City. Ct. Long Beach Nassau. Co. 1977) | Does the Board have authority to lease parking spaces and issue renewal leases? |
| Countryside Manor | 189 A.D.2d 808 (2nd Dept. 1993) | May the Board permit a unit owner to enclose the area to the rear of his unit by a six foot fence, where that property is a common element? | |
| Albert | 155 A.D. 2d 569 (2nd Dept. 1989) | Must all units in a particular class have the same percentage allocation of common elements? | |
| Washington's Headquarters | 186 A.D. 2d 525 (2nd Dept. 1992) | Was the second floor of an accessory building on the grounds of condominium development a common element? | |
| Hayden on the Hudson | 197 A.D.2d 482 (lst Dept. 1993) | Was the Board properly directed to repair common elements of fire damaged condo owner's townhouse? | |
| 339-j |
Century | 213 A.D. 2d 206 (lst Dept. 1994) | Does a unit owner have any equitable defenses to a common charge foreclosure action? |
| Frisch | 190 A.D.2d 383 (lst Dept. 1993) | Can a condo unit owner withhold common charges based on defective conditions in his unit claiming a breach of the "warranty of habitability" or otherwise because of disagreements with the Board? | |
| Hunt | 202 A.D.2d 151 (lst Dept. 1994) aff'd 85 N.Y.2d 883 (1995) | Are members of the Board protected by the business judgment rule with respect to an alteration application if they act in an untimely fashion and without rational basis? | |
| 339-k |
Hunt | 202 A.D.2d 151 (Ist Dept. 1994) aff'd 85 N.Y.2d 883 (1995) | Did the Board act in bad faith when it refused a request by the sponsor for permission to connect the sponsor's basement garage to an affiliated basement garage in an adjacent building, to make the garage more economically efficient? |
| 339-l |
Country Village Heights Condo | 79 Misc.2d 1088 (Sup.Ct.Rock.Co. 1975) | Was a mechanic's lien against an individual unit valid where the owner of such unit neither hired nor consented to the work? |
| M.M.E. Power | 205 A.D.2d 631 (2nd Dept. 1994) | Are mechanic's liens on condominium common elements valid if filed without unanimous consent of unit owners? | |
| Westage Towers |
187 A.D. 2d 600 (2nd Dept. 1994) | May mechanic's lien be filed against condominium complex by name? | |
| Diamond Architecturals | 179 A.D.2d 420, appeal dism 602 N.E.2d 1119 (lst Dept. 1992) | Was a notice of lien defective where it sought to impose a "blanket lien" on a building rather than on an affected unit? | |
| City of Albany | 164 A.D.2d 562 (3rd Dept. 1990) | Was a "blanket" mechanic's lien sufficient to encumber the common areas of a complex without unanimous consent of unit owners? | |
| Bankers Trust | 181 A.D. 2d 274 aff'd 616 N.E.2d 848 (lst Dept. 1992) | Did a first mortgage lien in a residential unit have priority over Board's lien for unpaid common charges? | |
| Metro Masonry | 147 Misc.2d 565 (Sup.Ct.N.Y.Co. 1990) | Is a mechanic's lien filed for masonry work in a single unit valid against that unit, even though the lien was wrongly placed against the entire building? | |
| 339-m |
Cohn | 138 Misc.2d 1020 (City. Ct. Long Beach Nassau.Co. 1988) | Did the Board have authority to assess unit owner for property damage allegedly caused by unit owner? |
| 339-s |
General Apartment Corp. Condominium | 72 Misc.2d 726
(Civ.Ct.Queens.Co. 1972) |
Does an unrecorded change in the bylaw provisions which moves the date of the annual Board election render invalid all acts of the Board undertaken at the election on such changed date? |
| 339-v |
Yardarm Beach | 134 A.D.2d I (2nd Dept. 1987) | Does the "business judgment" rule apply to actions of the condominium Board which were authorized, taken in good faith, and in furtherance of the interests of the condo? |
| Westchester Hills Condominium | 38 A.D.2d 845 (2nd Dept. 1972) | Could the Board properly construct a $500 basketball court, where the bylaws provided that additions and improvements costing $5,000 or less be made by the Board without approval of unit owners? | |
| 339-x |
In re Raymond | 129 B.R. 354 (Bankr S. D. N. Y. 1991) | Does the unit owner's bankruptcy discharge under Chapter 7 wipe out the obligation to pay post-petition common charges, assessments and late fees? |
| First Avenue Condominium | 143 Misc.2d 1084 (Civ.Ct.N.Y.Co. 1989) | Is the Board entitled to recover attorneys' fees incurred in prosecution of an action to recover unpaid common charges? | |
| 339-y |
Town of Clarkson | 137 A.D.2d 809 (2nd Dept. 1988) app dismissed 74 N.Y.2d 84 (1993) | Real Property tax assessment issues in Rockland County. |
| Town of Skaneateles | 112 A.D.2d 35 (4th Dept. 1985) | Can aggregate real estate tax assessments of condo units in a condominium community exceed the total value of the property? | |
| Marks | 58 A.D.2d 812 aff'd 49 N.Y.2d 954 (1977) | Can aggregate assessments of condo units in a community exceed total value of the property? | |
| South Bay Development | 108 A.D. 2d 493 (2nd Dept. 1985) | What methods are available to value condo units for real estate tax assessment purposes? | |
| River House Bronxville | 79 A.D.2d 990 (2nd Dept. 1981) | What is the approach to determining the value of real property assessments on a coop building? | |
| 339-z |
Washington Federal S&L | 95 Misc.2d 924 (Sup.Ct.Rock.Co. 1978) | Does the lien for condominium common charges take priority over a previously- recorded second mortgage? |
| Park 900 Condominium | 181 A.D. 2d 274 aff'd 81 N.Y. 2d 191 (1993) | Does a first mortgage foreclosure sale extinguish all prior liens including the Board's common charge lien? | |
| In re Mishkin | 85 B.R. 18 (Bankr. S.D.N.Y. 1988) | Must the Board cause a notice of lien to be filed to perfect its lien for unpaid common charges? | |
| Foxwood Run | 166 Misc.2d 216 (Sup.Ct.Rich.Co. 1995) | Is condominium association's common charge lien superior to the first mortgage if recorded prior to first mortgage? | |
| Ezriel Equities | 225 A.D. 2d 326 (lst Dept. 1996) | Can rental proceeds obtained by a receiver appointed during a mortgage foreclosure action properly be applied first toward payment of common charges to preserve the premises during the action? | |
| Dime Savings Bank (Pesce) | 217 A.D. 2d 299 (lst Dept. 1995) | Does the first mortgage have priority over the statutory lien for unpaid common charges and the lien for the unit owner's ground lease rent? | |
| 141 Condominium | 159 Misc.2d 1076 (Sup.Ct.N.Y.Co. 1994) | Is a condo lien for unpaid common charges senior to a subsequently recorded federal income tax lien? | |
| Dime Savings Bank (Levy) | 161 Misc.2d 480 (Sup.Ct.Rock.Co. 1994) | If a second mortgage is merged with a first, does that portion of the second mortgage alone take precedence over the lien for condominium charges? | |
| First N.Y. Bank |
158 Misc.2d 658 (Sup.Ct.N.Y.Co. 1993) | In an action to foreclose a mortgage on a garage condo unit, must the receiver pay common charges on the garage unit like they were rent? | |
| Societe Generale |
157 Misc.2d 643 (Sup.Ct.N.Y.Co. 1993) | If a second mortgage is merged with a first, does it take precedence over previously recorded condominium lien? | |
| Crossland Bank | 153 Misc.2d 287 (Sup. Ct. Orange Co. 1992) | Do unpaid common charges become the obligation of the purchaser of condominium unit upon a foreclosure sale? | |
| Prudential Insurance Co. | 154 Misc.2d 968 (Sup. Ct. N. Y. Co. 1992) | Was first mortgagee after foreclosure sale of condo, included in definition of "grantee" for purposes of provision requiring unpaid common charges be paid out of sale proceeds by grantee? | |
| Dime Savings Bank (Kakar) | 203 A.D. 2d 50 (lst Dept. 1994) | Is the Board entitled to receive unpaid common charges from proceeds of foreclosure? | |
| Resolution Trust Corp. | 927 F.Supp. 753 (S.D.N.Y.1996) | Is first mortgagee's receiver exempt from paying common charges while the receiver is in possession of the property? | |
| 339-aa |
In re Nentwick | 79 B. R. 145 (Bankx. N.D.N.Y. 1987) | May unit owner who becomes bankruptcy debtor avoid common charge lien by reason of the Board perfection of the lien shortly before the commencement of the bankruptcy proceeding? |
| Washington Federal S&L | 95 Misc.2d 924 (Sup. Ct. Rock. Co. 1978) | Does common charge lien achieve its statutory priority when filed retroactive to its inception, or does it have priority only from the date of filing? | |
| Dime Savings Bank (Levy) | 161 Misc.2d 480 (Sup. Ct. Rock. Co. 1994) | If the second mortgage is merged with the first, can it jump up in priority senior to, condominium lien? | |
| Societe Generale |
157 Mise.2d 643 (Sup. Ct. N. Y. Co. 1993) | Is condominium Board's lien senior to second mortgage, even if the lien was recorded after the date the senior mortgage is recorded? | |
| Long Island Savings Bank | 150 Misc.2d 482 (Sup. Ct. Queens Co. 1991) | If there are sale proceeds available after satisfaction of first mortgage at foreclosure sale, do these go to Board to satisfy its existing common charge lien? | |
| Prudential Insurance Co. | 154 Misc. 2d 968 (Sup. Ct. N. Y. Co. 1992) | Are there remaining alternatives for the Board if the lien regarding unpaid common charges is extinguished upon foreclosure such as a action for a money judgment against the defaulting condominium unit owner? | |
| 339-bb |
Consulate on the Park | 149 Misc. 2d 942 (App. T. 1 st Dept. 1991) | Is "water damage legal liability" equivalent to "flood insurance" for purposes of condo by-laws requiring the first type? |
| 339-dd |
1136 Tenants Corp. | 43 Misc.2d 588 (Civ.Ct.N.Y.Co.1964) | Does a Board have right to maintain summary proceedings against defaulting unit owner? |
| Zeckendorf Towers | 190 A.D.2d 636 (lst Dept. 1993) | Does Board have standing to asset a claim against sponsor's contractor in the absence of contract between Board and contractor? | |
| Higgins Brothers |
202 A.D.2d 371 (lst Dept. 1994) | Could condo unit purchaser recover damages against seller arising from alleged misrepresentations about interior space of unit where purchaser had full access to unit before sale? | |
| 339-ee |
731 West Lake Road | 58 A.D.2d 1038 (4th Dept. 1977) | Was condo unit purchaser required to reimburse developer/seller for proportionate share of mortgage recording taxes imposed upon developer's blanket mortgage? |
| Gazdo Properties |
149 Misc.2d 828 (Civ.Ct.Kings Co.) app dismissed 150 Misc.2nd 1019 (App. T. 2nd Dept. 1991) | Does Board or unit owner have the obligation to cure violations of the Housing Maintenance Code or Multiple Dwelling Law within a condominium unit? |