Bill Geller and Rob Braverman Successfully Defeat a Motion to Dismiss a Condominium Board’s Claim Seeking Removal of an Unauthorized Rear Yard Enclosure

In a case about an enclosure constructed without proper authorization in the rear yard of a condominium townhouse by a prior unit owner, the current unit owner moved to dismiss the condominium board’s counterclaims seeking to require that the enclosure be removed.  The current owner argued that the board’s counterclaims were barred by Real Property Actions and Proceedings Law (RPAPL) § 2001, which sets a two year statute of limitations for the enforcement of restrictive covenants relating “to set-back or side-lines, the area that may be built upon,” and similar matters.  Justice David B. Cohen denied the unit owner’s dismissal motion, finding that it was not established that RPAPL § 2001 applies to condominiums, and that the unit owner did not establish that the renovations constituted a replacement, enlargement or alteration under the statue.

A copy of the decision and order may be viewed here.