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MATTER OF REYNOLDS v. TOWERS ON THE PARK CONDOMINIUM

10487. 100624/17.

178 A.D.3d 416 (2019)

113 N.Y.S.3d 693

2019 NY Slip Op 08610

In the Matter of Linda Reynolds, Appellant, v. Towers on the Park Condominium, an Unincorporated Association, et al., Respondents.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Brian M. DeLaurentis, P.C., New York ( Brian M. DeLaurentis of counsel), for appellant.

Boyd Richards Parker & Colonnelli, P.L., New York ( Matthew T. Clark of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

The first amendment at issue, which changed the voting threshold needed to amend the declaration and by-laws from 80% to 66 and 2/3%, was approved by over 80% of the common interest in May 2011. The second, which altered the by-laws to allow unit owners to lease their units after having owned them for at least one year, was approved by over 67% of the common interest in June 2012.

The delay in recording the amendments with the City Register until March 2017 was a...

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