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Co-ops and Condominiums
Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member
Rhodes v. Swope NYLJ 8/20/19, p. 21, col. 2 Supreme Ct., Warren Cty. (Muller, J.)
In an action by owners of a townhouse in a common interest community against a member of the homeowners' association board and the association itself, the defendant board member moved to dismiss the causes of action asserted against her individually. The court granted the motion, holding that unit owners had not alleged any wrongful actions outside the scope of the board member's duty as a board member.
The Adirondack Park Agency granted permits to the association for a plan that would allow certain trees to be removed while others remained, creating filtered views of Lake George from the association properties. The association hired a contractor to complete the trimming. Unit owners contend that defendant board member directed the removal of a tree located beside their townhouse, even though removal of that tree was not authorized by the Agency permit. Unit owners also asserted a number of claims against the association itself. On this motion, the defendant board member sought to dismiss the complaint against her personally.
In granting her motion, the court concluded that unit owner had failed to allege with specificity any conduct outside defendant board member's position as a board member. Their trespass claim against the board member failed because the unit owners do not own the land on which the subject tree existed.
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