Legal Question in Real Estate Law in New York

Can a Condo Board put a lein on my condo for a fine I am in despute with?

I own a condo and had a car parked in my driveway for over a month. The car was legal (insured and taged) but I received a fine for $450 from the Condo Board. In the parking rules it states I have ''exclusive use'' of my driveway. I have been fighting these fines since I did not break any rules. I received a letter from a lawyers office if I did not pay the fine and $250 legal fees they will put a lein on my condo. Is this legal?


Asked on 12/04/02, 12:55 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Can a Condo Board put a lein on my condo for a fine I am in despute with?

From what you tell me, no, its not legal.

I would immediately write a letter to the attorney disputing the fine and requesting validation of the debt.

Your problem is that the amount of the fine is less than payment toward legal fees to correct the error. Therefore, I would also try to have the issue resolved at a condominium board meeting. Maybe its just a simple misunderstanding.

Mike.

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Answered on 12/04/02, 1:53 pm


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