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Condominium Board LawSuite

New York, NY |

I am wondering if condo board of directors can be sued for the following. Not single board of director:

Breaches of Fiduciary duties by directors; Collusion by management company who manages the condo units to re-elect same board members or collusion for anything; Failing to enforce condominium documents or declarations and its by law to all condo owners equally and unbiased; Board of directors failure to disclose accounting documents to condo owners and not keeping minutes of meeting and all records in accordance with Condominium Act 1998; Not responding to condo owners requests for keeping the place safe, healthy and clean; Failing to maintain common elements protected, secure, safe, healthy, having enough insurance cover.

Attorney Answers 2

Posted

Absolutely. Such suits are done all of the time. Whether yours has merit only a lawyer can decide.

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Posted

Although you can sue your association, I would caution you to consult with a local attorney with experience in this specific area of the law. Courts often give deference to the decisions of an association with regards to the maintenance of the common elements. And, in most instances, the governing documents of an association will have provisions related to attorney's fees that need to be read carefully. You do not want to end up having to pay your association's legal bill.

I would suggest litigation only as a last result.

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