BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M

 

  1. Common Charges Overview:

Common charges are fees that condo owners pay to cover the costs of maintaining and operating the common areas and amenities within the condominium building. These charges can include expenses such as building maintenance, repairs, utilities, insurance, and management fees. Common charges are typically assessed based on the unit’s size or a predetermined formula.

 

  1. Legal Issues:
  1. Non-Payment of Common Charges:

One of the primary legal issues that can arise is the non-payment of common charges by condo owners. If an owner fails to pay their common charges, it can create financial strain on the condominium association, making it difficult to maintain the building and provide essential services.

 

  1. Collection Procedures:

Condominium associations have legal authority to take action against owners who are delinquent in paying their common charges. Common collection procedures include sending notices and warnings, imposing late fees or interest, and, in more severe cases, placing liens on the delinquent unit. The association can also take legal action to enforce payment, which may include foreclosure proceedings in extreme cases.

 

  1. Liens and Foreclosures:

When an owner fails to pay common charges, the condominium association can place a lien on the delinquent unit. This lien gives the association the right to collect the unpaid charges from the sale proceeds if the unit is sold. In some cases, if the non-payment issue persists, the association may initiate foreclosure proceedings against the unit owner.

 

  1. Legal Requirements and Due Process:

When pursuing legal action to collect unpaid common charges, condominium associations must adhere to specific legal requirements and due process. Failure to follow proper procedures can lead to legal challenges from unit owners, potentially delaying the collection process.

 

  1. Legal Consultation:

To navigate common charges collection and related legal issues effectively, condominium associations should work closely with legal professionals experienced in real estate law. Attorneys can provide guidance on proper procedures, help draft effective notices, and represent the association in legal actions if necessary.

 

  1. Dispute Resolution:

Another potential legal issue involves disputes between unit owners and the condominium association regarding common charges. Disputes can arise over issues such as the calculation of charges, the allocation of expenses, and the transparency of the association’s financial management.

 

  1. Legislative Changes:

It’s important to note that laws and regulations related to common charges and condominium management can change over time. Condo associations and owners should stay informed about any legislative changes that may impact common charges collection procedures and legal requirements.

 

Because legal matters can be complex and subject to change, it’s strongly recommended to seek legal advice from qualified attorneys who specialize in New York City real estate law and have up-to-date knowledge of the latest regulations and legal precedents.

 

Citations, References and Potentially Useful Resources for Further Information:

U.S. Constitution

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

ACRIS

New York Department of Finance

New York City Department of Buildings

New York City Bar Association

New York State  Bar Association

Call 212 922 0005. Kiritsis Law Group.

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