Leni Cummins addresses if a statute of limitation exists for a request approved by a condominium board, that granted the homeowner permission to increase the height of a balcony enclosure in The Cooperator. Twenty-five years later, a new manager states that the alteration was improper and the balcony must be returned to its original structure.
“Any claim that the homeowner has related to the board’s decision to mandate the removal of the balcony would run from the time the board decided to compel its removal, not from the date it was originally approved. Such a challenge would be ripe for an expedited type hearing called a CPLR Article 78 Proceeding, which must be brought within 120 days of the board decision,” Leni said.
Despite this, Leni indicates it is imperative for the homeowner to understand why they are being required to remove the enclosure.
“If it is due to a safety violation or a building-wide rule change, he or she is likely out of luck,” Leni said.
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