Case Notes by

Stewart E. Wurtzel, Tane Waterman & Wurtzel

First published: Jul 2022
Bd. Of Mgrs. Of 207-209 E. 120th St. Condo. V. Dougan

This case is a stark reminder to condominiums that many of their bylaws do not provide the right for the condominium to recover attorney’s fees when a unit owner defaults on a non-monetary obligation. Boards should look to amend these provisions to allow for legal fee recovery since there are many common situations where a condominium board is forced to bring action to enjoin a non-monetary default (unauthorized alterations, illegal use, unreasonable noise, and short-term rentals are just a few).

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