Peter T. Salzler and Scott Greenspun Obtain Unanimous Decision from the First Department in Favor of Unit Owners Seeking to Compel Condominium Board to Hold Proper Elections

In March 2023, Peter Salzler and Scott Greenspun commenced an Article 78 proceeding against the Board of Managers of the Harborview Condominium on behalf of two residential unit owners to compel the Board to properly notice and conduct an election of Board members.  The petitioners alleged that the Board violated the Condominium’s By-Laws by improperly counting votes and by violating the requirement that a majority of the Board consist of “owner-occupants” of Condominium.  The Board’s refusal to comply with the By-Laws led to a situation where not a single residential unit owner had a seat on the Board.  In an order dated April 20, 2023, Justice Engoron of the New York Supreme Court, New York County, ordered the Board to hold an election that complied with the Condominium’s By-Laws.

The Board appealed and on appeal, the First Department unanimously affirmed Justice Engoron’s order.  The Court found that the Board improperly tabulated votes at prior elections and that the current Board President and Secretary were not “owner-occupants” of the Condominium and therefore were ineligible to run for the Board.

A copy of the decision can be found here.