Members Didn't Violate Community's Lease Restrictions

July 26, 2009
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Facts: An association asked the court to declare that some of the leases executed by its members were void. The complaint asserted that the leases violated leasing restrictions of the association's bylaws. The members then countersued, asking the court to declare that the restrictions were invalid.

The trial court denied the association's request to dismiss the member's counterclaim and declared that the leases were not void. The association appealed.

Ruling: A New York appeals court agreed with the trial court's ruling.

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