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DELAFIELD ESTATES HOMEOWNERS ASSOCIATION, INC. v. DELAFIELD 246 CORP.

280 A.D.2d 437 (2001)

721 N.Y.S.2d 621

DELAFIELD ESTATES HOMEOWNERS ASSOCIATION, INC., Appellant, v. DELAFIELD 246 CORP., Respondent, et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 27, 2001.

Defendant refuses to pay the common charges assessed against the 24 lots it owns in this 33-lot development, claiming that such charges were not properly authorized because plaintiff prevented it from exercising its right of one vote per lot owned, as provided in plaintiff's not-for-profit corporation declaration. There is no merit to this defense. At the time defendant purchased the 24 lots in 1991, only one class of membership existed, Class A, pursuant to plaintiff's declaration...

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