December 13, 2023

Condominium boards.

The board is responsible for running the day-to-day affairs of the condominium, and, to that end, may have broad powers regarding financial decision-making and promulgating regulations. Where the board's disputed decision is based on a governing document which provides that consent shall not be unreasonably withheld, the heightened standard of reasonableness is applied in lieu of the usual business judgment rule. This standard of reasonableness hinges on whether the board's decision is legitimately related to the welfare of the condominium.

Wong v Board of Mgrs. of the 45 W. 67th St. Condominium, NY Slip Op 06211 (1st Dep't November 30, 2023)

Here is the decision.