Condominiums—Condo Board Alleged Unit Owners Owe Approx. $700,000 Arising From Bylaw-Violation Charges Related to Alterations—Bylaw Amendment Provided That Board May Restrict Any Unit Owner Who Is in Arrears for More Than 60 Days From Using Building Amenities and Services—Plaintiffs Sought Preliminary Injunction To Stay Enforcement of Such Bylaws Provision—Court Denied Injunctive Relief—Plaintiffs Did Not Show Likelihood of Success On the Merits and Did Not Challenge Validity of the Bylaws Provision—Plaintiffs Failed To Demonstrate That Condominiums Cannot Enforce Penalties, Such As Restricting Or Preventing Access to Amenities and Services, Before the Issue Has Been Adjudicated

The plaintiffs own several units in a luxury residential Manhattan condominium building. They have been involved in litigation with the condominium's Board of Managers (board) over "alterations" undertaken by the plaintiffs to their units. The parties have been embroiled in at least three lawsuits.

The board alleged that the alteration work involved repeated violations of the condominium's bylaws (bylaws). The board assessed approximately $175,000 in bylaw-violation (violation) charges against the plaintiffs' units. It also recorded liens against each unit and commenced a lien foreclosure action that is presently pending.