Legal Question in Real Estate Law in New York

The deed for my condo is a Bargain and Sale Deed that does not specifically recite the unit being subject to any governing documents. The Declaration is only referred to in Exhibit A - Property Description. Since this was not explicity stated, am I right in asserting that the HOA cannot sue me and foreclose for nonpayment of common charges? Your help is greatly appreciated.


Asked on 1/02/10, 9:41 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Reference to the exhibit is more than sufficient to describe the property that is subject to HOA rules; therefore, they can move for foreclosure on non-payment of common charges.

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Answered on 1/08/10, 5:29 am


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