Landmark Colony at Oyster Bay Homeowners Ass'n v. Town of Oyster Bay

*727The plaintiff is the homeowner’s association of the condominium complex Landmark Colony at Oyster Bay (hereinafter the condominium). In approving the site plan for the construction of the condominium, the Town Board of the Town of Oyster Bay imposed various conditions, as set forth in Town Resolution No. 44-80, dated January 17, 1980 (hereinafter the 1980 Resolution). Condition 13 of the 1980 Resolution stated: “That the collection and disposition for the property of garbage, ashes, rubbish, debris, or other waste matter shall be the sole responsibility of the Unit owners, without any…