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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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.
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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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
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.
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