N.Y. Ct. Says Plaintiffs in Derivative Action Against HOA Must Represent At Least 5% of the Members

Summary

New York Appellate Court decision (October 30, 2014).

Homeowners that initially represented 5% or more of the members of a homeowners association, commenced a derivative action against the association. Subsequent to filing the action, certain of the plaintiff homeowners ceased membership in the association thereby reducing the plaintiff’s membership percentage to less than 5%. On motion of the association, the trial court dismissed the case, and the remaining plaintiffs appealed, contending that the 5% ownership requirement applied only as of the date of the commencement of the action.

Subscription Required to Continue Reading

To view the full HOA Featured Article, you must have a Subscription with HOA Member Services

Become a Member

Personal Monthly

$

12.70

/month

Personal

$

97

Annual

Pro

$

297

Annual

HOA Team

$

347

Annual
Shopping Cart
Scroll to Top

Get Your FREE HOA Living Guide

Get ready to level up your community! Dive into our guide for homeowners and management personnel in neighborhoods run by homeowners associations. Download now for essential tips and exclusive resources— improve your community with one click!