Matter of DiBella v. Board of Directors of Half Moon Bay Homeowners Assn., Inc.
Westchester · NY · New York Supreme Court, Appellate Division, Second Department
MIXED · records
What happened
A Half Moon Bay board member/trustee (DiBella) made repeated written requests to inspect association books and records needed for fiduciary duties, then brought a CPLR article 78 mandamus proceeding plus declaratory claims when production stalled. Supreme Court, Westchester County dismissed the records cause of action and other claims. The Appellate Division, Second Department, reinstated the mandamus claim to compel production after the board produced some documents but refused or ignored others, holding board members have an absolute, unqualified right rooted in director common-law inspection doctrine; dismissal under CPLR 7801 was improper where factual disputes remained about scope and entitlement. Other dismissed claims were left undisturbed.
What the court (or agency) held
Board members of a condominium/HOA have an absolute, unqualified right (rooted in director common-law inspection doctrine) to inspect association books and records needed to perform fiduciary duties. The Second Department reinstated DiBella's CPLR article 78 mandamus claim to compel production after the board produced some documents but refused or ignored others; dismissal under CPLR 7801 was improper where factual disputes remained about scope and entitlement. Other dismissed claims were left undisturbed. MIXED/remand.
Why this matters for members
This result is MIXED — a partial win, not a clean sweep on every claim. Sitting directors' inspection rights are broader than ordinary member requests and can be enforced by Article 78 mandamus when a board stonewalls partial production.
What the member did
Made repeated written inspection requests as a sitting board member and sued in Article 78 when production stalled.
Questions for the board
- How do we respond when a sitting director requests books and records?
- What log tracks which requested records were produced versus withheld?
- Do our policies distinguish director inspection from member inspection?
Questions for a lawyer
- Does director common-law inspection doctrine compel production here?
- Is Article 78 mandamus proper despite partial production?
- Which claims remain dismissed versus reinstated?
Citation
Matter of DiBella v. Board of Directors of Half Moon Bay Homeowners Assn., Inc., 2025 NY Slip Op 00444 (2d Dep’t Jan. 29, 2025); No. 2022-05872 (2025-01-29). New York Supreme Court, Appellate Division, Second Department. Outcome chip: MIXED. Flags: MIXED, remand. Source: https://law.justia.com/cases/new-york/appellate-division-second-department/2025/2022-05872.html
_General information, not legal advice. Outcomes turn on facts and current law._
General information, not legal advice. Outcomes turn on facts and current law.