BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M
Move-in fees are typically charges imposed by condo associations on new residents or tenants who are moving into the building. These fees are intended to cover the costs associated with move-in procedures, administrative work, elevator reservations, and other services related to managing new occupants.
To understand the specific regulations or requirements regarding move-in fees in your NYC condo, you should:
Review Governing Documents: Examine the condo’s bylaws, declaration, and rules and regulations to see if they address move-in fees. These documents may provide guidance on whether move-in fees are allowed, the circumstances under which they can be charged, and any associated conditions.
Check with the Condo Association: Reach out to your condo association’s management or board of directors to inquire about their policies regarding move-in fees. They can provide information about whether such fees are imposed and the reasons for doing so.
Transparency: If the condo association does charge move-in fees, it’s important for them to be transparent about the purpose of the fees and the specific services they cover. This can help prevent misunderstandings and disputes.
Consistency: If move-in fees are charged, the condo association should apply them consistently to all new residents or tenants to avoid claims of discrimination or unfair treatment.
Consult Legal Counsel: If you have questions about move-in fees, or if you’re a new resident facing such fees, consider consulting with legal professionals who specialize in NYC condominium law. They can provide guidance on the legality and enforceability of the fees, as well as any recent changes in laws or regulations.
Please note that laws and regulations can change over time, and there may have been developments in this area since my last update. Always consult with legal professionals or relevant authorities to obtain the most current and accurate information regarding move-in fees and other matters related to NYC condos.
Citations, References and Potentially Useful Resources for Further Information:
New York State Constitution
Federal Securities Regulation
New York State Martin Act
New York Condominium Act
New York State Security Regulations
New York Business Corporation Law
New York Limited Liability Company Law
New York Uniform Partnership Act
Federal Internal Revenue Code
New York State Tax Laws, Rules & Regulations
New York City Tax Laws, Rules & Regulations
Winston Churchill Owners, Inc. v. Regents Real Estate Associates
Board of Managers of the Park Regis Condominium v. Park Regis Owners Corp.
Park Sutton Condominium v. 447 E. 57th St. LLC
28 E. 10th Street Corp. v. Veras
Riverside Syndicate, Inc. v. Munroe
Essex House Condominium v. Marks
The Parc Vendome Condominium v. Atkinson
54-56 Meserole Street Owners Corp. v. Rossi
The Beekman Regent Condominium v. Bottiglieri
Chelsea 19th LLC v. West 19th Street Realty LLC
New York Department of Finance
New York City Department of Buildings
New York City Bar Association
New York State Bar Association
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