Owners of several apartments in the Continental View Condominium in Mamaroneck have sued the condo board for imposing a $1,800 annual fee on owners who rent their apartments.
Eleven owners of eight apartments accused the board of exceeding its authority by enacting a new house rule without obtaining approval by two-thirds of the owners, in a complaint filed on July 9 in Westchester Supreme Court.
The rule restrains their ability to rent their condos, the complaint states, “defeating the intended purpose, as stated in the offering plan, as an affordable housing project for low to moderate income residents of the Village of Mamaroneck.”
Matthew D. Schwarz, a White Plains attorney who represents Continental View, filed a stipulation on July 16 stating that the parties are working on a settlement.
Continental View is a 3-story structure with 39 apartments and 16 indoor parking spaces, according to the 1994 offering plan. It is on East Boston Post Road near Mamaroneck Harbor.
Owners had never been charged an annual rental fee, the complaint states, and any changes to the offering plan and bylaws require approval by a vote of at least two-thirds of the unit owners.
Last Nov. 2, the board of managers adopted new house rules that created the $1,800-a-year surcharge on owners who rent their apartments. Allegedly, the board did not give advance notice of the new house rules and did not obtain approval by two-thirds of the owners.
Schwarz said the new rules were discussed at the condominium’s annual meeting, “so we don’t agree with the allegation.”
His “marching orders” are to resolve the dispute, he said in a brief telephone interview, and he expects a settlement to be completed by Aug. 1.
The residents who brought the dispute are Antonella Caggiano, David Chillemi, Paul and Antonella Coppola, Brian and Tina Dennis, Florina and Valentin Ghidiu, Shelly and Michael Magrino, and Laura Rigano. They are represented by Rye attorney Paul Noto.
They are seeking unspecified monetary damages and a court order declaring that the defendants breached the condominium plan and bylaws.
Besides the Continental View and board of managers, the complaint names board president Bernie McNally and the property management firm, Stillman Management Realty Corp., as defendants.
