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Perspectives

Condo Board Properly Directed That Balcony Enclosure Be Removed

An appellate court has upheld a Condominium Board of Managers’ authority to direct unit owners to remove a balcony enclosure that was interfering with the Condominium’s ability to perform façade work. Board of Managers of Village Mall at Hillcrest Condominium v. Banerjee, 2020 N.Y. App. Div. LEXIS 6670, 2020 N.Y. Slip Op. 6221 (2d Dep’t Nov. 12, 2020). These unit owners asserted that in 1979, they had obtained written advance permission to install an enclosure on their balcony, as required by the By-Laws. The court stated that, even if this was true, the By-Laws provided that the Board’s consent could be revoked at any time. In 2016, the Board of Managers revoked its consent to all balcony enclosures and mandated that such enclosures be removed, “to enable the completion and inspection of building façade and balcony restoration work so that the building could pass municipal inspection and have an architecturally uniform façade.” The court reiterated the familiar standard under which “[t]he business judgment rule prohibits judicial inquiry into the actions of a condominium board as long as the board acts for the purpose of the condominium, within its authority, and in good faith.” The Board’s actions here satisfied these standards.