In Shinnecock Shores Association, Inc. v. Kivel, (Suffolk County, Supreme Court) Egan & Golden defended the homeowners against a lawsuit brought by their homeowner association to prevent construction of a small addition to their home. Shinnecock Shores HOA argued that the renovation violated the setback requirements of the Association’s “Covenants and Restrictions,” which are the rules that homeowners in the development are bound to follow. Firm partner Brian T. Egan and associate Christopher Bianco successfully argued that there were material questions regarding the HOA's procedures, enforcement, and whether the Association acted in bad faith when it decided to block construction of the extension. A copy of the Court's decision is here. Such wins are rare in New York where Courts typically give wide latitude to the decisions and authority of homeowner association board of directors.
