Undertook a $1.5 million project replacing the complex's roofs, gutters, entry doors and decks without seeking the consent of the unit owners.

What the court held

Whether a condominium board may undertake a capital project without the consent of the unit owners turns entirely on the by-laws, and the court decides what they mean as a matter of law. Where one by-law authorises the board to perform "maintenance, repairs and replacements in or to the Common Elements" without owner consent, and another requires consent for "alterations, additions and improvements," a $1.5 million project that replaces existing roofs, gutters, doors and decks that had fallen into disrepair falls in the first clause, not the second. Summary judgment for the board; the preliminary injunction the owners had obtained should never have issued.

“The provision on which the plaintiffs rely, which required the consent of the unit owners for certain alterations, additions, and improvements, was not applicable to the project at bar, which essentially constituted the replacement of existing building components that had fallen into a state of disrepair.”

36 AD3d at 663

Outcome in full

The board prevailed, with one bill of costs. The Second Department reversed the grant of a preliminary injunction, adhered to the original order denying it, and granted the board summary judgment dismissing the complaint outright — the project was within the board's unilateral power.

What it cost

Not disclosed. No decision in this case states a figure, and we publish no estimate. Why costs are mostly blank.

Sources

• https://www.courtlistener.com/api/rest/v4/opinions/5717465/
• https://www.courtlistener.com/opinion/5717465/x/

Read in full and verified 2026-08-04.

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