Board of Managers of Grandview Condominiums v. Medina
Attorneys and Parties
Brief Summary
Condominium common charges lien foreclosure and the six-year statute of limitations for unpaid monthly assessments.
Supreme Court, Queens County granted the Board summary judgment, dismissed Medina's statute of limitations and laches defenses, and issued an order of reference.
Summary judgment for common charges that accrued before July 18, 2013, and dismissal of the statute-of-limitations defense as to those pre-July 18, 2013 charges.
Under Real Property Law (RPL) § 339-z [gives a condominium board a lien on each unit for unpaid common charges] and RPL § 339-aa [authorizes filing and foreclosure of the lien in like manner as a mortgage], the Board proved its lien and nonpayment. But Civil Practice Law and Rules (CPLR) 213(2) [six-year statute of limitations] bars recovery of monthly charges that accrued more than six years before the July 18, 2019 commencement; each monthly charge accrues separately, so only charges on or after July 18, 2013 are recoverable.
Background
Medina owns a condominium unit at Grandview Condominiums in Queens. The Board alleged nonpayment of monthly common charges dating back to January 1, 2005. The Board recorded a supplemental lien for unpaid common charges on April 16, 2019 and commenced this foreclosure action on July 18, 2019. In support of summary judgment, the Board submitted the bylaws authorizing assessments, Medina's deed subjecting his title to the bylaws, an affidavit of its president attesting to nonpayment, and account records from 2005–2020.
Lower Court Decision
The Supreme Court (Unger, J.) granted the Board summary judgment against Medina, dismissed Medina's second affirmative defense (statute of limitations) and fifth affirmative defense (laches), and issued an order of reference to compute the amount due.
Appellate Division Reversal
Modified on the law: the court denied summary judgment for unpaid common charges that accrued before July 18, 2013 and reinstated Medina's statute-of-limitations defense as to those amounts; otherwise affirmed, including summary judgment for charges accruing on or after July 18, 2013, dismissal of laches, and the reference to compute consistent with the time limitation.
Legal Significance
Confirms that foreclosure of condominium common charge liens is governed by CPLR 213(2)'s six-year limitations period and that each monthly assessment accrues separately; boards must timely sue and cannot recover time-barred pre-six-year arrears even when a lien is recorded under RPL §§ 339-z and 339-aa.
In condo lien foreclosures, recover only the six years of monthly common charges preceding commencement; older assessments are time-barred, while laches is generally unavailable to defeat timely monetary claims.