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Condo Associations and Eviction

Posted by Melvin Monachan | Jun 19, 2019 | 0 Comments

A condominium is a private property within a larger building or community. Condos have recently drawn a lot of buzz in the New York market due to the fact that buyers get the best of both worlds: all the convenience of an apartment with the additional perks that come with being a property owner. For example, condo owners do less to maintain the property than owners of a traditional homeowner. Monotonous tasks like mowing the lawn, pulling weeds, or shoveling snow are handled by maintenance services. Perhaps, the most convincing perk to many buyers is that most condos are generally more affordable than freehold homes.

But with all the advantages of owning a condo comes some downsides. Potential condo buyers must consider that they will have to deal with an association that would ultimately have authority over your homeowners association agreement. This board can make the decision to evict you under certain circumstances, even if you own the property.

In order to justify an eviction, it must be proven that you violated the rules. This is why it's important that you read your agreement thoroughly to understand what is expected of you. The rules are established by the association, so a violation can be as minor parking in the wrong spot to painting the walls a color that has not been approved.

Generally, eviction is a last resort. Most associations acknowledge that buyers will make mistakes and give them several chances before eviction becomes a potential outcome. If you have been accused of violating the regulations of your association, one or two infractions shouldn't result in anything more than a warning and an order to change your behavior. It is when you fail to fix the issue or you make it a habit to violate the rules that the homeowner's association may allow your condo association to impose fines. And if you don't pay the fines, regardless of your excuse, your condo association has the authority to file for foreclosure on your behalf.

Some violations are egregious enough that they warrant eviction without a fine. Failing to pay condo fees, for example, could lead an association to consider evicting you. But the good news is that even though the association wields significant power, you have legal protections - especially if the homeowner's association is being used inappropriately or your condo association is abusing their power. This is where an experienced real estate attorney can help.

Contact Real Estate Attorney Melvin Monachan Today

At the Law Offices of Melvin Monachan, PLLC, we've helped people tied up in complex disputes overcome their issues with our expertise. Let us help you find a viable solution to your issues. Contact us by filling out a contact form or give us a call at (516) 714-5763.

About the Author

Melvin Monachan

Melvin Monachan is the founder of The Law Office of Melvin Monachan, PLLC, a full service, real estate law firm representing individuals, investors and corporate entities in all aspects of real estate law. On the transactional side, Melvin represents purchasers and...

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