Cooperatives & Condominiums

Condominium Has Right Of Access to Terrace

Board of Managers of Bond Parc Condominium v. Broxmeyer

NYLJ 6/1/09, p. 37, col. 4

AppDiv, Second Dept.

(memorandum opinion)

In an action by a condominium for a judgment requiring unit owner to provide the condominium with access to her unit to allow the condominium to install windows on the wall located in the terrace, unit owner appealed from Supreme Court's judgment enjoining unit owner to provide access. The Appellate Division affirmed, holding that the governing documents granted the condominium a right of access.

In 1984, the condominium sponsor installed windows on the terrace walls of the terraces adjacent to the four penthouse apartments in the complex. The windows were designed to prevent pigeon excrement and water damage to the penthouse units and the units below the penthouses. Current unit owner purchased her unit in 2004. In 2006, the condominium undertook a renovation of the building's facade, which required removal of he windows to work on the facade, and installation of new windows at the completion of the facade work. Unit owner permitted access to remove the original windows, but upon completion of the work, refused to permit access for installation of the new windows. The condominium then brought this action seeking an injunction and Supreme Court granted the requested injunction. Unit owner appealed.

In affirming, the Appellate Division started by noting that the condominium declaration defines terraces appurtenant to the units as common elements, even though the declaration also provides that the terraces are irrevocably restricted in use to specified property owners. Moreover, the declaration also gives the condominium board the right to enter an restricted area for maintenance, repair, or improvement of a unit or common element. The bylaws give the condominium a similar right of access. In light of these provisions, the court held that unit owner had violated the governing documents by refusing to provide access, and that the condominium was entitled to an injunction.

Condominium Has Right Of Access to Terrace

Board of Managers of Bond Parc Condominium v. Broxmeyer

NYLJ 6/1/09, p. 37, col. 4

AppDiv, Second Dept.

(memorandum opinion)

In an action by a condominium for a judgment requiring unit owner to provide the condominium with access to her unit to allow the condominium to install windows on the wall located in the terrace, unit owner appealed from Supreme Court's judgment enjoining unit owner to provide access. The Appellate Division affirmed, holding that the governing documents granted the condominium a right of access.

In 1984, the condominium sponsor installed windows on the terrace walls of the terraces adjacent to the four penthouse apartments in the complex. The windows were designed to prevent pigeon excrement and water damage to the penthouse units and the units below the penthouses. Current unit owner purchased her unit in 2004. In 2006, the condominium undertook a renovation of the building's facade, which required removal of he windows to work on the facade, and installation of new windows at the completion of the facade work. Unit owner permitted access to remove the original windows, but upon completion of the work, refused to permit access for installation of the new windows. The condominium then brought this action seeking an injunction and Supreme Court granted the requested injunction. Unit owner appealed.

In affirming, the Appellate Division started by noting that the condominium declaration defines terraces appurtenant to the units as common elements, even though the declaration also provides that the terraces are irrevocably restricted in use to specified property owners. Moreover, the declaration also gives the condominium board the right to enter an restricted area for maintenance, repair, or improvement of a unit or common element. The bylaws give the condominium a similar right of access. In light of these provisions, the court held that unit owner had violated the governing documents by refusing to provide access, and that the condominium was entitled to an injunction.