Condo Board Can Eject Nonpaying Unit Owner in Foreclosure Action

Condominium board sued unit owner in foreclosure action for unpaid common charges. The court granted the board’s request for appointment of a receiver, and then granted the receiver’s request for a writ of assistance to eject the owner from the condo unit. Unit owner appealed and lost. The lien on the unit for unpaid common charges properly included attorney fees, late fees, and interest, pursuant to the condo’s bylaws. The court also properly appointed the receiver to collect reasonable rent from the unit owner prior to foreclosure sale. The court order appointing the receiver also authorized the receiver to eject the unit owner if the owner didn’t pay reasonable fair market rent for use and occupancy. This wasn’t unconstitutional. By law and under the condo’s bylaws, a unit owner was required to pay reasonable rent in a lien foreclosure action.

Heywood Condominium v. Wozencraft: 2017 NY Slip Op 00257, 2017 W 113048 (App. Div. 1 Dept.; 1/12/17; Tom, JP, Sweeny Jr., Richter, Manzanet-Daniels, Webber, JJ)