Condo Unit Owner Has No Reciprocal Right to Attorney's Fees

Landlord condominium board sued to evict condo unit owner and obtained from the court a judgment of possession and a money judgment for $24,000. Condo owner appealed and won, so the case was dismissed along with the lower court's attorney's fee award to landlord. Condo owner then sought attorney's fees, claiming that since the condo bylaws authorized reimbursement of fees to the condo board, condo owner had reciprocal right to attorney's fees under Real Property Law (RPL) Section 234. The court ruled against condo owner. RPL Section 234 didn't apply to this case because there was no landlord-tenant relationship and no lease between the parties since the unit was a condominium. The condo bylaws governed the parties' rights and provided only for recovery of legal fees from a unit owner but no reciprocal right for a unit owner to seek reimbursement for attorney's fees. 

Board of Managers of the J Condominium v. Tornabene: Index No. L&T70733/2014, NYLJ No. 1202788437850 (Civ. Ct. Kings; 5/19/17; Kuzniewski, J)