JUDGE REJECTS DISCRIMINATION CLAIM
AND ORDERS HOUSE REPAINTED IN
COMPLIANCE WITH PRIOR AGREEMENT

The plaintiff-homeowners association sought an order directing the defendant-homeowner to repaint his home in accordance with terms of a prior written agreement.  The homeowners association was a residential community situated within the Incorporated Village of North Hills, Nassau County and the defendants were the owners of a home located in Manhasset, New York; the premises was located within the homeowners association.  Several years ago, the parties were involved in a lawsuit concerning the painting of the defendants’ residence.  They entered into an agreement whereby the defendants agreed to repaint their home in accordance with certain procedures, declarations and by-laws of the homeowners association.  Three years after the agreement, the homeowners association sought to compel the defendants’ compliance with the prior agreement and it now was alleging entitlement to summary judgment. 

The defendants counterclaimed an alleged “systematic racial discrimination” constituting a gross violation of defendants’ civil rights.  This same claim was asserted by the defendants in the prior litigation which was settled with the assistance of counsel and produced the prior agreement.  In order to obtain a preliminary injunction, the movant is required to demonstrate (1) a likelihood of probability of success on the merits, (2) irreparable harm in the absence of an injunction, and (3) a balance of the equities in granting the injunction.  In support of its motion for summary judgment, the homeowners association submitted proof establishing that unauthorized paint violations had been treated by the homeowners association in a consistent manner with respect to the commencement of lawsuits to compel compliance.  Homeowners were usually granted additional time in which to change to the color of their homes either within an agreed upon period or upon the sale of their respective homes, whichever occurred first.  The defendant-homeowners did not demonstrate a valid defense to the action.  The defendant did not deny that he failed to repaint his house in compliance with the prior agreement and allegations of racial discrimination were unsupported by the record.  As a result, the court declared the homeowners association entitled to the relief requested in the complaint and the motion for summary judgment was granted.  Gracewood At North Hills Homeowners Association v. Mansoor, Supreme Court, Nassau County (NYLJ 4/4/2008).

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