An Association Need Not Present a Homeowner with Copies of Governing Documents to Be Able to Enforce Them
Posted by Ryan McCabe at 3/18/2009 4:44 PM 
Categories: Homeowners Association,Covenant Enforcement,Governing Documents,Assessments
Categories: Homeowners Association,Covenant Enforcement,Governing Documents,Assessments
Board of Directors of Hill & Dale Homeowners Association, Inc. v. Cappello, 852 N.Y.S.2d 586 (2007).
The defendant fell behind on her monthly common charges payment ($429.18 per month) on her condominium and the Homeowners’ Association (Association) filed a breach of contract suit for the unpaid common charges, late charges, interest, and attorney fees. Although defendant agreed that she owed $429.18, defendant argued she did not owe the plaintiff late fees, interest or attorney fees as set out in the condominium’s by-laws and declarations because she was never provided a copy of those documents. The lower court agreed and ordered her to only pay the plaintiff $429.00, plus costs.
On appeal, the court disagreed with the lower court and held that defendant is presumed to be aware of the condominium by-laws and declarations since they were recorded in the Clerk of Court’s office and therefore, the defendant would have discovered those documents through a diligent title examination prior to the purchase of her condominium. The judgment of the lower court was reversed and a new trial was ordered.
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