New York's Cooperative and Condominium Community

Habitat Magazine Insider Guide



Non-Waiver Provision

Horowitz v. 1025 Fifth Avenue

Michael Horowitz had a 30-foot awning above his terrace for many years. When the upstairs tenants proposed installing a through-wall air conditioning unit that would be blocked by the awning, the board required removal of the awning. Horowitz refused to comply.


"The proprietary lease is a contract, just like any other contract, and you really have to read it to understand what it means. This is especially true when a shareholder challenges a board decision or a house rule. Two provisions, in particular, are important – the non-waiver provision and the attorney fee provision. As the parties here learned, those provisions can work for you or against you."

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