Incorporated Vil. of Atl. Beach v. Pebble Cove Homeowner’s Assn – Case Brief Summary (New York)

In Incorporated Vil. of Atl. Beach v. Pebble Cove Homeowner's Assn. (139 AD2d 627, 527 NYS2d 429 [2d Dept 1988]), a village brought an action against a homeowners' association to enjoin an alleged nuisance, namely, drainage of water on village streets emanating from the heating and air-conditioning systems used in a condominium development.

The Appellate Division, Second Department, ruled that the owners of the individual units in the development were necessary parties in light of the relief sought by the village, which was an injunction preventing the unit owners from using their individually controlled heating and air-conditioning systems.