Condo Unit Owner Counterclaims Against Board; Irregularities in a Lease Guaranty; Foreclosure Intervention: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Board of Mgrs. of the Promenade Condominium v. Eshaghpour," "130 Greene TIC LLC v. Brown," and "JP Morgan Chase Bank v. Lafond."
September 17, 2024 at 01:16 PM
15 minute read
Condominiums—Unit Owner's Counterclaims Against Condo Board, Its Members and Managers—Claims for Breach of Fiduciary Duty, Accounting, Discrimination, Intentional Infliction of Harm, Nuisance and Injunctive Relief—When Legal and Equitable Relief are Sought, "The Statute of Limitations (SOL) Depends on the Essence of the Action"—SOL for Breach of Fiduciary Duty Claim Depends On "Substantive Remedy Sought"—for Equitable Relief, Six-Year SOL Applies—For Money Damages Only, Three-Year SOL Applies—When Both Legal and Equitable Relief are Sought, SOL Depends on Essence of the Action—Business Judgment Rule—Complaint Sufficiently Stated Claims Against Individual Board Members and the Board—Certain Individual Board Members Allegedly Intimidated Defendants When They Entered the Building, Glared at Defendants' Children In the Lobby, Yelled at Defendants' Child To Vacate a Laundry Room and Tried To Block Access to the Premises—While Certain Claims Against the Board and Its Members Were Adequately Stated, Certain Claims Were Dismissed Based On the SOL and Business Judgment Rule—Claims Against the Manager Were Dismissed
In December 2023, a plaintiff Board of Managers of a condominium (board) commenced an action to impose a lien on condominium units owned by individual defendants and a defendant LLC. The board claimed that the defendants "breached a settlement obligation to pay unpaid common charges." The defendants counterclaimed against the board, and managers (manager) of the condominium building.
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