Can I refuse to pay an increased condo maintenance fee?

Asked over 1 year ago - Brooklyn, NY

I am an owner in a NY self - managed condo ( 6 units in all ) . Just received a letter from our condo association with a notification of a proposed common charge increase ( effective April 1st ) due to increased of master building insurance and the water / sewage bill . The proposed increase is 2 over the current maintenance rate . Is this legal to hike the rate by this amt ? What are my options to not pay the proposed increase ? Should the agreement be unanimous by all homeowners before the hike can take effect ? Thank you .

Additional information

Revision to my earlier question - the proposed increase is 22% of the current payment, not 2%. Would it make a difference?

How can I legally dispute the validity and consequently avoid paying such an increase (while continuing paying the regular amount)?

Attorney answers (4)

  1. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . What do your various documents say such as house rules, etc. Generally, Boards review income and expenses every year and raise common charges as needed. A 2% raise is not too bad for this year.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . If you do refuse, you run the risk of losing your condo.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 22 percent is quite high. However, if you fail to pay the proposed increase, then you may be facing charges from the condo for failure to pay common charges. Consult with an experienced landlord tenant lawyer to assist you.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Martin Carlo Cabalar

    Contributor Level 5

    Answered . Generally, a decision to raise maintenance fees is made by the Board of Trustees and does not require a unanimous vote by all homeowners, however, you would have to review your governing documents to confirm this. When you purchase a condominium you agree to be bound by the provisions of your governing documents, including the possibility of an increase in maintenance fees. So long as the Board of Trustees passed the increase of the maintenance fees in accordance with the requirements of the Governing Documents and the law, you will have no choice but to pay the increased rate.

    If you do not wish to pay the increase in maintenance fees, I would suggest you speak with an attorney who specializes in condominium law so that they can review your governing documents and determine what is required of the Board in order to properly increase maintenance fees and then determine if the Board followed the proper process to validate their decision. In the end, if the Board did not follow the proper procedure, the likely outcome will be that the Board will then properly validate their decision in accordance with the proper procedures, leaving you with the responsibility to still pay the increase.

    Good luck to you in whatever you decide.

    This response is provided for informational purposes only and does not constitute legal advice and does not... more

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