January 16, 2022

Judicial review of a condominium board's actions.

Under the business judgment rule, a court's inquiry is limited to whether the board acted within the scope of its authority under the bylaws, which is a necessary threshold inquiry, and whether the board acted in good faith to further the legitimate interests of the condominium. Absent a showing of fraud, self-dealing, or unconscionability, the court will not inquire as to the wisdom or soundness of the business decision.

Katz v. Board of Mgrs. of Stirling Cove Condominium Assn., NY Slip Op 00033 (2d Dep't Janury 5, 2022)

Here is the decision.