Does Condo Unit Owner Owe Common Charges?

March 31, 2010

LVT Number: #22558

Landlord condominium board sued unit owner, claiming that he owed common charge arrears totaling more than $20,000. The unit owner claimed that he didn’t owe any charges. The court ruled that a trial was needed to determine the facts. Landlord claimed that there were charges due dating back to 2005, but had cashed some checks from unit owner in 2007. And there was a question as to whether the building’s bylaws allowed unit owner to withhold common charges based on defective conditions that the unit owner claimed were landlord’s responsibility to repair.

Landlord condominium board sued unit owner, claiming that he owed common charge arrears totaling more than $20,000. The unit owner claimed that he didn’t owe any charges. The court ruled that a trial was needed to determine the facts. Landlord claimed that there were charges due dating back to 2005, but had cashed some checks from unit owner in 2007. And there was a question as to whether the building’s bylaws allowed unit owner to withhold common charges based on defective conditions that the unit owner claimed were landlord’s responsibility to repair.

Bd. Of Mngrs. of Tiffany Pl. v. Weiss: NYLJ, 3/18/10, p. 28, col. 3 (Sup. Ct. Kings; Kramer, J)

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