Sep 21, 2018

Court Addresses Dispute Over Display of American Flag

American flag on Condo

Condominium by-laws, declarations and rules and regulations govern many details of residential apartment living and unit owners are obligated to comply with them even if they feel that they impinge upon their rights.  This point is illustrated by a recent lawsuit involving the display of an American flag. A unit owner had installed a relatively small flagpole on the wall outside of his unit in order to fly a 2.5′ by 4.5′ American flag over an interior courtyard.  The condominium’s board sought to enjoin the activity, claiming that the unit owner violated the condominium’s declaration, by-laws and rules and regulations… Read more

Aug 25, 2009

Authority to Impose Fines

Red Card

We have been asked from time to time by cooperative (“coop”) and condominium boards about their ability to impose fines to ensure compliance with house rules.   While the fines that boards seek to impose are generally small, boards occasionally seek to charge considerable sums for repeated or continuing infractions. You should be aware, however, that regardless of the amount, the legality of fines or penalty fees may be subject to question.   Courts have determined that the New York Condominium Act authorizes a condominium board to impose fines.  See Sweetman v. Board of Managers of Plymouth Village Condominium, 1998 WL 112655… Read more