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Co-ops and Condominiums
Technical Defects Do Not Invalidate Amendments to Condominium Declaration
Reynolds v. Towers on the Park Condominium NYLJ 12/5/19, p. 23, col. 2 AppDiv, First Dept. (memorandum opinion)
In an article 78 proceeding by unit owner to invalidate two amendments to the condominium declaration, unit owner appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that defects surrounding the amendments were technical at most, and did not invalidate the amendments.
In 2011, the condominium amended its declaration and bylaws to reduce the threshold for amendments from 80% to 66 2/3%. That amendment was approved by more than 80% of the common interest. The following year, the condominium amended the bylaws to permit owners who have owned their units for at least one year to lease their units. The condominium did not record the amendments with the City Register until 2017. Unit owner sought to invalidate the amendments.
In affirming Supreme Court's denial of the petition, the Appellate Division started by noting that the delay in recording was a technical defect insufficient to invalidate the amendments. The court then reached the same conclusion with respect to the process of keeping the meeting open on the voting threshold amendment in order to reach a quorum. The court noted that ultimately 96% of the common interest, including petitioner in this case, voted on the amendment. Finally, the court rejected the argument that the leasing amendment was barred by a covenant in the land disposition agreement between the city and the sponsor, noting that the owner occupancy provision in that agreement was designed to apply only to the first bona fide purchaser of each unit.
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