In Reynolds v. Towers on the Park Condo., 178 A.D.3d 416 (1st Dept. 2019), the New York office of Boyd Richards Parker & Colonnelli, P.L. obtained dismissal of a condominium unit owner’s claim that two amendments to the condominium’s declaration were invalid because of defects in recording the amendments. The first challenged amendment changed the condominium’s declaration and by-laws to lower the voting threshold to amend the declaration from 80% of all unit owners to 66 2/3%. The second challenged amendment permitted unit owners to lease their units. The Appellate Division, First Department upheld dismissal, holding that the failure to properly record the amendments were “technical defects, insufficient to invalidate the amendments.”
Patricia I. Murray and Frank Colonnelli won a summary judgment in favor of a Property Owners Association. Owners of an individual parcel of land sought to invalidate certain Amendments to the Declaration of Covenants and alleged a breach of fiduciary duty claim against the Association. The Court awarded judgement in favor of the Association, finding the doctrine of res judicata barred the claims and that the Association, under the law, owed no fiduciary duty to the individual unit owners. The Court also ruled that the Association was entitled to collect attorneys fees and costs in the litigation.
