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Co-ops and Condominiums
Bylaw Provision Authorized Award of Fees Against Unit Owner
Board of Managers of the Peregrine Tower Condominium v. Salcetti NYLJ 5/6/21, p. 18, col. 4 AppDiv, First Dept. (memorandum opinion)
On the condominium board's motion for attorney's fees against a unit owner, unit owner appealed from Supreme Court's confirmation of the referee's report awarding the fees. The Appellate Division affirmed, holding that the bylaw provision authorized the award of fees.
Unit owner had permitted the unit to be occupied as a time share with no natural person in permanent occupancy. That use of the unit violated the condominium's prohibition on transient occupancy. The board brought an earlier action to address the violation, and the New York City Environmental Control Board (ECB) determined that the use was a violation. The board had not, however, sought attorney's fees in that earlier action. Subsequently, the board moved for attorney's fees pursuant to a provision in the condominium's bylaws, and Supreme Court confirmed a referee's report awarding the fees. Unit owner appealed.
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