March 9, 2010

Real Estate Law.

Practice point: Judicial review of decisions made by a condominium's board is limited to whether the action was authorized, and whether it was taken in good faith and in furtherance of the condominium's interests.

Students should note that a permanent injunction may issue if the board acts outside the scope of its authority.

Case: Kaung v. Board of Mgrs. of Biltmore Towers Condominium Assn., NY Slip Op 01620 (2d Dept. 2010)

The opinion is here.

Tomorrow's issue: Labor Law.