A plaintiff commenced an action, alleging that the defendants had “improperly granted defendant (“A”) an easement agreement for common elements in the condominium.” The plaintiff owned a unit in the condominium and claimed to be an owner of 8.5% of the common elements of the building. The named individual defendants were members of the condominium’s board (board).

In or about June 2020, the board had addressed the need to replace a roof tank on the roof of the building. (“A”) had submitted a proposal “to purchase certain rights to the roof, which is regarded as a common element of the building, for $450,000….”

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