Recent appellate decisions have upheld the enforceability of apartment alteration agreements, including provisions permitting suspension of unauthorized work, recoupment of costs and attorney’s fees incurred by co-ops and condominiums, and indemnification for damages.
This column discusses these decisions and updates our previous article, which focused on the importance of board adoption of alteration agreements.1 We also provide recommendations, guidance and cautions to assist co-op and condominium boards and managers in navigating the challenges posed by apartment alteration projects.
Unauthorized Alterations
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