Legal Question in Real Estate Law in New York
Fine for violation of rules
My Condo Board is fining me $100 for violation of a ''Rule 36''. My tenant moved out and did not follow this rule. Naturally, they held me responsible. I explained that the rules and regulations that I possess only went up to Rule 35. They refuse to accept this saying that everyone was mailed meetings of minutes, changes, etc. etc.
Wouldn't they have to prove that I received the rules if I took them to Small Claims Court to retrieve the fine that I will pay?
3 Answers from Attorneys
Re: Fine for violation of rules
No. All they need prove is the mailing made in the ordinary course of business.
Re: Fine for violation of rules
Charge your Tenant the $100.
Re: Fine for violation of rules
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
The previous answers are mistaken. Whether you are bound by the rule depends on the what the condo's by-laws are with respect to notice of new rules. For those renting, it may be necessary for the board to mail to you directly, or it may not.
Charging your tenant may or may not be in your lease. Whatever "Rule 36" is, you may be prohibited from passing it along.
You will have to examine the rule, the by-laws and your lease to find out who owes what to whom.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel Attorney at Law 516-312-9900
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