Legal Question in Real Estate Law in New York

I was assessed a $12,000 assessment by my Co-op board to fix the roof. Now because we have not paid it they are trying to auction our apt as a result. In the past they have done a $4,000 for the elevator and a few more. How do we stop or fight them. I'm tired of having to pay for what seems to be their careless mistake and mismanagement of money needed for "maintaining" the building. It's not right and can I fight them. Now what they will do is add another $8,000-10,000 in legal fees. to add insult to injury. They have done it in the past before and we had to pay their big legal fees on top of the assessment just so we won't lose our investment and be homeless. This bullying or strongarming needs to stop.


Asked on 10/15/13, 4:15 pm

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

You fight this by bringing a proceeding under Article 78 of the CPLR to prohibit the auction and test the underling assessment. My own fees would be light because it's "only" $12000. 516-242-1453 call until 8:30 PM or after 9:00 AM,

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Answered on 10/15/13, 4:40 pm
Arnold Nager Arnold H. Nager, Esquire

Get some like-minded owners and run for the Board seats. The by-laws call for periodic elections. Go to the Board meetings and speak up.

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Answered on 10/15/13, 4:47 pm


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