A condominium, or condo, is a form of housing where part of the real estate is individually owned, while use of and access to common facilities (e.g., hallways, elevators, mechanicals, lawns) is owned and controlled by the association of owners. Laws regarding condominium lawsuits, boards of directors, and assessments may vary from state to state. In New York, condominiums are governed by Article 9-B of the Real Property Law, along with each building’s own declaration and bylaws.
Common Questions About Condominium Law in New York
Who runs a condominium?
A board of managers, elected by the unit owners, runs the condominium under its bylaws. The board collects common charges, maintains the common areas, and enforces the building’s rules.
What are common charges, and what happens if they go unpaid?
Common charges are the regular assessments each unit owner pays to cover shared expenses such as maintenance, insurance, and repairs. If they go unpaid, the condominium can place a lien on the unit, and the board may be able to enforce that lien through a foreclosure action.
What should I review before buying a condo?
Before you sign a contract, review the offering plan or purchase documents, the declaration and bylaws, the building’s house rules and budget, and any planned special assessments. A real estate attorney can explain what each of these means for you.
Can I challenge a decision by the condo board?
Sometimes. Disputes over assessments, rule enforcement, alterations, or other board decisions often turn on what the bylaws allow and whether the board followed its own procedures. An attorney can review the documents and your options.
Talk to a Clifton Park condominium attorney
The Clifton Park attorneys at Ianniello Anderson, P.C. handle condominium purchases, sales, and disputes. Learn more about our residential real estate services, or contact us to discuss your situation.
This article provides general information about New York condominium and real estate law and is not legal advice. For guidance on your specific transaction, contact our real estate attorneys.