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Cooperatives and Condominiums
Shareholder Can Compel Board to Cooperate With Building Department
Matter of Sullivan v. 226-8 East 2nd Owners Corp. NYLJ 10/2/18, p. 20., col. 2 AppDiv, First Dept. (memorandum opinion)
In co-op unit shareholder's Article 78 proceeding to compel the co-op board to sign off on shareholder's application to the Department of Buildings (DOB), the co-op board and its members appealed from Supreme Court's grant of the petition. The Appellate Division modified to dismiss the petition against individual board members, but otherwise affirmed, concluding that the petition was ripe for review.
Shareholder made multiple requests to the co-op board to execute the documents necessary to submit an application for a roof deck to the DOB. Shareholder answered the board's questions about construction of the deck and about his compliance with conditions DOB had set for its approval. When the board did not execute the forms, shareholder, on April 25, 2015, sent a letter to the board stating that its failure to execute the forms by May 1, 2015 would constitute a refusal. The board did not respond. On July 28, 2015, shareholder brought this Article 78 proceeding to compel the board to execute the forms. Supreme Court granted the petition and the board appealed.
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