Aug 9, 2005

Condominium Boards’ Right to Restrict Sales

For Sale Signs on Condo

A recent court decision has generated a considerable amount of confusion among some condominium boards and condominium unit owners regarding the power of condominiums to regulate the sale of units in a manner similar to cooperatives.  We hope that this memorandum will help to clarify matters. The decision, Demchick v. 90 East End Avenue Condominium, 18 A.D.3d 383, 796 N.Y.S.2d 62 (1st Dep’t 2005), was issued on May 31, 2005 by the Appellate Division for the First Department (which covers Manhattan and the Bronx).  The condominium at issue sought, through the amendment of its by-laws, to limit the sale of… Read more