Legal Question in Real Estate Law in New York

condo assessments for ''emergency repairs''

My condo association board and management company has assigned me a 9500 dollar fee for emergency condo repairs based on an a recent assessment. At a recent board meeting (November) they upped the original assessment from 4000 to 9500 dollars and we were told the money would be due by February 5th in full or a lein would be put on our condo. We had no say! Our president said she and the board had total authority to make this decision. What can I do to appeal this process or perhaps come up with a better payment plan?


Asked on 1/16/04, 8:06 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: condo assessments for ''emergency repairs''

You have to check your by-laws to verify the authority of the Board to take this action ans what rights and remedies you have. Without seeing the documents I cannot reply and advise you. Generally, the Board is elected, has complete authority over needs for, amounts and payments of assessments, and no appeal may be possible unless provided for in the by-laws. Best is to review the financial documents leading to the assessment to determine accuracy and need, and, if inaccurate, contest them. You also might wish to appeal, informally, to some Board members, asserting you review findings and/or claiming hardship and some form of payment plan. More than this general advice would require my reading the by-laws and reviewing the documents used in making their decision.

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Answered on 1/16/04, 5:52 pm


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