Media Mentions
Jun 19, 2006
Dennis Greenstein Quoted in The New York Times
The Real Estate Q/A column in the June 18, 2006 issue of The New York Times address the rights a condo owner has to replace a bathtub:
Q When I asked for approval to renovate my condominium, the building manager said the board would not approve plans that included replacing the bathtub. The manager asked me to submit a new application and said that I should obtain the permission from the unit owners next to and below my apartment. Is the manager's position out of line?
A "The bylaws of most condominiums require board approval for alterations," said Dennis H. Greenstein, a Manhattan co-op and condominium lawyer. "And most bylaws provide that such approval shall not be unreasonably withheld." So, Mr. Greenstein said, unless the board has a good reason for refusing to allow the letter writer to replace his bathtub, it could be argued that the board was unreasonably withholding consent to the alteration. In addition, he said, since most condo bylaws do not require a unit owner to obtain permission of other unit owners as a prerequisite for approving an alteration, it is possible that that requirement would be considered unreasonable as well.