Greens at Half Hollow Home Owners Association, Inc. v. Greens Golf Club, LLC

39 Misc.3d 1242(A) (Suffolk County Sup. Ct. 2013), aff’d as modified, 131 A.D.3d 1108 (2d Dept. 2015).  We represented the home owners association (HOA) and five condominiums comprising The Greens at Half Hollow senior residential development in an action to enforce their rights with respect to the community building portions of a combined community building/golf clubhouse serving the community.  The Supreme Court agreed with us that, under applicable provisions of the Huntington Zoning Code, the HOA was entitled to exclusive use of the “community” portions of the building and its associated recreational facilities including swimming pool and tennis courts.  The Appellate Division agreed, instructing that a town’s zoning power may be validly exercised “to limit the use of a recreational facility within a senior residential community to those seniors living there.”