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