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Setting Condominium Assessments: Limits on Board Power
When a condominium incurs costs for repairs of common areas, how much discretion does the condominium board have in allocating those costs? In Board of Managers of Bayside Plaza Condominium v. Mittman, Queens County Supreme Court held that the condominium bylaws imposed significant constraints on the board's power, rejecting the board's argument that the validity of its decision should be measured against the business judgment rule.
The Bayside Plaza Case
Bayside Plaza Condominium consists of a nine-story building with 47 residential units, five street-level commercial units, 16 commercial parking space units, and 34 residential garage units. When it appeared that the parking deck (on which the commercial parking space units were located) needed renovation work to maintain its structural integrity, the condominium board entered into a contract to do the necessary work at a cost of about $400,000. The question, then, was how to apportion the costs of the project. The board, dominated by the residential unit owners, decided not to impose an across-the board assessment, but instead to impose a special assessment that varied with the type of unit.
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