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Columns & DepartmentsNew York Real Estate Law ReporterLandlord Tenant LawLitigation

Co-ops and Condominiums

By New York Real Estate Law Reporter Staff
July 01, 2024
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Sale of Unit Did Not Extinguish Liability for Common Charges

Board of Managers of the Club at Turtle Bay v. McGown 2024 WL 1559000 AppDiv, First Dept. (memorandum opinion)

In a condominium's action for unpaid common charges, former owner appealed from Supreme Court's judgment awarding the condominium $101,381.29. The Appellate Division affirmed, holding that sale of the unit did not extinguish former owner's liability.

The condominium's bylaws provide that an owner's liability of common charges continues until the unit has been transferred in accordance with the condominium's bylaws. The bylaws require notice to the condominium board and an offer to allow the condominium to exercise a right of first refusal. Former owner and guarantor transferred the unit, but did not comply with the notice requirement. After the sale, unpaid common charges began to accrue. The condominium brought this action against former unit owner and guarantor seeking unpaid common charges and Supreme Court awarded judgment to the condominium

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