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Scott E. Mollen Scott E. Mollen

Condominiums—RPAPL §881 Applies to Condominiums—Case of First Impression—Neighbors Entitled to §881 Temporary License to Accommodate Alterations

 Petitioners, owners of a fifth floor condominium unit, commenced a proceeding against their condominium board (board), a managing agent (manager) and the owners of the condominium unit (neighbors) located below their unit (4th fl. unit). They alleged that the respondents failed “to comply with the declarations, by-laws, rules, regulations and decisions adopted by the…(condominium)…by prohibiting, interfering with, and denying them access to (the 4th floor unit), to perform work to the general common elements…” Alternatively, the petitioners sought a “limited license to enter (the 4th fl. unit).”

The petitioners sought access to the neighbors’ unit to access “the common elements of the building to perform necessary plumbing work (work) pursuant to ongoing renovations to (petitioners’ unit).” The petition alleged that the requested access was necessary to “‘achieve the proper pitch for the waste line of each toilet service (in petitioners’ unit) and the installation of a tub trap…’ and ‘since the building is a concrete structure, the only access point to sections of the subfloor…is through the ceiling of (the 4th fl. unit).”

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Patricia Kane

Patricia Kane is the Courts Editor for the New York Law Journal.

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