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March 2016

Habitat Magazine

Many condominiums are governed by a single board of managers.  Many others, however, have “sections” and each section typically has its own board.  So, for example, a residential section will have its board manage all residential issues; a commercial section board will operate and oversee commercial common elements and matters; perhaps there is a parking board, a rental board, an office board.  Depending on the structure of your condominium’s declaration and by-laws, there are many possible ways sections could be divided.  When separate boards are given power and authority for their respective sections, there is typically an “over board” that determines issues that impact the entire condominium. 

More often than not, the commercial board doesn’t care what the residential board does and vice versa, in which case there is no reason for an over board to be involved.  In fact, in some buildings, this over board never actually has to meet, the intent being that each section board be permitted to operate its section with as little interference as possible.
But what happens when the boards do have competing interests, or simply don’t believe the other board is doing the right thing for the building?

Questions concerning board authority were addressed by the Court in OA Manhattan LLC v Condo Board of Managers of Cassa NY Condominium and Residential Board of Managers of Cassa NY Condominium, located at 70 West 45th Street, New York, New York.


 

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