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First published: Mar 2021
Voron and Argiris v. Newswalk CondominiumThere are three important lessons here. First, condo unit-owners who need access to neighboring apartments can find relief from Section 881 if access is denied. A more important lesson is the need to carefully and realistically weigh the risks and rewards of any legal action. Had the owners of Unit 415 calculated the cost of this litigation and appeal, they may have decided to grant the license. After all, if they had negotiated, perhaps the owners of Unit 515 would have agreed on a higher access fee and slightly better terms. Instead, the result was having to cover legal fees and other expenses, plus spending countless hours on meetings, testimony, phone calls and emails. Finally, when a building gets a request from a neighbor for access, it’s best to attempt to create a reasonable agreement for two reasons. First, if you allow the court to decide, you never know what it will do. Second, though your neighbor may need you this year, next year you may need your neighbor. In the world of constant façade inspections and repairs, neighboring buildings should establish a working relationship rather than a hostile one.
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