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March 2018

Habitat

Homeowners are supposed to comply with the governing documents for their community. But what happens when they don’t? In a cooperative, a board may terminate the lease; in a condo or homeowners’ association, the board may obtain an injunction. Most boards look for less drastic solutions. Minkin v. Board Of Directors of the Cortlandt Ridge Homeowners Association addresses this problem. In that case, the court determined whether the board could fine the homeowner for failing to comply with governing documents. When interpreting these, the court considered the significance of the community’s offering plan.

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