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Tick Tock, Tick Tock, 4 Month Statute of Limitations is a Powerful Board Defense

Home BoardsTick Tock, Tick Tock, 4 Month Statute of Limitations is a Powerful Board Defense
Tick Tock, Tick Tock, 4 Month Statute of Limitations is a Powerful Board Defense

Tick Tock, Tick Tock, 4 Month Statute of Limitations is a Powerful Board Defense

Posted by Team Colbert Law Boards, Condo Coop HOA, Litigation

Most lawsuits challenging the propriety of decisions by cooperative and condominium boards are subject to a four-month statute of limitations. So if a complainant doesn’t start a lawsuit within four months of the board decision, they are time barred. Thus, boards have a solid statute of limitations defense unless a plaintiff acts really quickly. If sued past the four months, the board can move for dismissal and if presented properly, the lawsuit should be dismissed. It is critical for boards to maintain substantial records of such business decisions in minutes so that the timing for the four month start can be established and when suit is filed, help counsel present an effective dismissal motion.

The vast majority of complaints by aggrieved shareholders and unit owners challenging the propriety of board decisions are presented as actions for declaratory judgment. Crafty plaintiff’s lawyers probably do so because they do not specialize in condo/coop and business law, or they are trying to lawyer around the short statute of limitations. The New York Court of Appeals, however, has decreed that, regardless of how styled, if an action could lawfully be commenced as an Article 78 Proceeding, then the four-month statute of limitations applicable to these proceedings applies, as set forth in CPLR Section 217 (1). Armed with this knowledge and well-documented board business decisions, an aggressive condo/coop attorney should be able to effectively put an end to a lawsuit.

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About Team Colbert Law

With offices in New York and Connecticut, we are ready to handle your legal needs. We have been representing condo, coop and HOA boards, businesses and individual clients for over twenty five years.

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  • When Bankruptcy Won’t Stop Your Foreclosure Sale: What Condo Boards and Management Need to Know About Repeat Filers July 22, 2026
  • When Repetitive Filings Cross the Line: Lessons from Fulton v. Yameogo July 21, 2026
  • Condominium Boards: Why Being Aware of First Mortgage “Standing” Can Protect Your Community’s Bottom Line July 13, 2026

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Manhattan Office

  • 315 Madison Avenue, Suite 4032, New York, New York 10017
  • 646.880.3000
  • 646.880.3048

Westchester Office

  • 44 South Broadway, 21st Floor, White Plains, New York 10601
  • 646.880.3000
  • 646.880.3048

Connecticut Office

  • 55 Post Road W, 2nd Floor, Westport, Connecticut 06880
  • 203.349.8100
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OUR EXPERTISE

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