Co-ops and Condominiums

In two consolidated actions, one by condominium board and the other by unit owner, unit owner appealed from Supreme Court's order granting summary judgment to the board declaring that the fine Imposed on unit owner for failure to remove two dogs was lawful and enforceable. The Appellate Division affirmed, relying on the business judgment rule.

The condominium's declaration provides that if any pet becomes a source of unreasonable annoyance, unit owner, upon written notice may be required to remove the pet from the community. Unit owner owns two dogs. In separate incidents in 2014 and 2015, the dogs allegedly attached two neighbors on condominium property. The condominium board then provided unit owner with written notice to remove the doges, and when unit owner failed to do so, the board brought an action seeking an injunction requiring unit owner to remove the dogs, and an award of attorney's fees. Unit owner then commenced an action against the board alleging that the board had unlawfully encumbered the unit with a fine of $100 per day, and sought a judgment declaring that the fine and demand for removal of the dogs were unenforceable. The two actions were consolidated. Supreme Court granted summary judgment to the board on its claim for injunctive relief, and declared that the fine was lawful to the extent the fine was in the sum of $200. The court also awarded attorney's fees in an amount to be determined at a hearing. Unit owner appealed.