Case Notes in

Construction Defects

First published: Sep 2014
Board of Mgrs. of the Clermont Greene Condominium v Vanderbilt Mansions

A condominium acts through its board of managers. But the board must act as a body. A group of board members cannot make a decision like the one made here. Boards have rules and procedures and must follow them. Although this case involved a condo, the principle is equally applicable in a cooperative. In an unrelated case, co-op board members were sued for making certain decisions, but their actions were taken at properly called board meetings and minutes reflected what took place at the meetings. It was irrelevant that the vote may have been divided along sponsor/non-sponsor lines. The board called meetings, acted, and, even though one “faction” may have been outvoted, the acts were acts of the “board” and were upheld. What we don’t know here is whether the board’s failure to act properly created other problems. It certainly created delay, but one wonders whether the delay was such that any applicable statute of limitations expired. In the end, when the board takes an action, it must be the board – and not just some of its members – that acts.

Read full article
First published: Jan 2005
Chrysikopoulos v. Soho Greene Associates LLC

As discussed above, under the clear and unambiguous terms of the purchase agreement and the offering plan, the court concluded that the sponsor was obligated to renovate the building and plaintiff’s unit, and defendants had failed to establish the existence of a triable issue of material fact as to their liability under these agreements. A trial was necessary, however, to determine the nature and extent of damages, specifically the extent to which the sponsor failed to comply with its obligations to renovate the building and plaintiff’s unit under the terms of the offering plan and the purchase agreement.

Read full article