Scott Mollen Realty Law Digest
Scott Mollen discusses "Bd. of Mgrs. of the 207-209 E. 120th St. Condo v. Dougan,' where a condo's by-laws did not show intent to require the unit owner to pay attorneys' fees, and "Forest Enters. Mgt. Inc. v. County of Warren," where the court found that EDPL provides additional allowance for attorneys' and appraisal fees.
October 04, 2022 at 12:06 PM
15 minute read
Real EstateCondominiums—By-laws Did Not Require Unit Owner To Pay Attorney Fees Relating to Wrongful Use of Unit as a Short-Term Rental
A plaintiff Board of Managers of a condominium (board) alleged that a defendant unit owner (owner) had used his unit as a "short-term rental such as Airbnb…." The board had moved to renew a motion for a default judgement with regard to a claim for the cost and expenses of the subject action, including reasonable attorney fees and disbursements, together with interest. The unopposed motion was denied.
The board had previously filed a complaint and an order to show cause for a preliminary injunction and a temporary restraining order (TRO) against the defendant. The board alleged that the owner had not used his unit as his residence. Rather, he "rented it out for short-terms as advertised in the Airbnb or similar websites." The board sought injunctive relief to restrain the owner from renting his unit in violation of the law and the by-laws and house rules of the condominium (governing documents).
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