Kiritsis & Associates

 

Updated August 2021: A quick legal guide with regards to New York laws for collecting fees for Condos and HOAs.

Aug 5, 2021

Kiritsis Law -- Call us at 212 922 0005

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

Based on a cursory look at our firm's case files, there seems to be a renewed explosion in litigation and legal controversies with regards to the aforementioned law area. It should be noted that quite recently, the laws in New York, may have changed, resulting to the monetary cap threshold needed to bring a small claims court case, been raised upwards.

 

A quick word.

Even if two cases may seem to be pretty identical from a superficial, stratospheric scope of view, when one delves into the particularities, one can see that the proverbial devil is in the details. Oftentimes the internal affairs governance documents of HOAs and Condo boards alike, may serve to impair and/or facilitate possible collection efforts in this regard.

 

In depth legal analysis.

In theory, the typical pre-Covid 19 legal collection scheme, concerning condos and HOAs (Home Ownership Associations) would appear to be largely intact and unhindered from any major substantive law changes brought on due to the Covid 19 pandemic.  Practically, things may have changed in this area of the law, given the requirements of additional court conferences (usually virtual in nature) hurdles needed, in order to schedule foreclosure sales.  Although, this may have been a quite unorthodox approach in many cases in the past, (pre-Covid 19 era), there are now more cases that appear to be better suited in small claims court venues.

 

List of some useful citations and possible references could include:

– U.S. Constitution

– New York Constitution 

– New York Real Property Law

– New York General Obligation Law

– New York Condominium Act

– New York Business Corporation

– New York Limited Liability Company Law

– New York State Bar Association

– New York City Bar Association

– COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020

– HSTPA of 2019

– Bankruptcy Code

– Internal Revenue Code

– Covid-19 Emergency Protect our Small Businesses Act of 2021

– New York UCC Laws (Uniform Commercial Code of New York State)

– New York Lien Law

– New York Landlord-Tenant Law

– New York City Housing Court

– New York Small Claims Court

– New York Supreme Court

– NYS Appellate Court

– NY Appellate Division

– New York Court of Appeals

– U.S. Supreme Court

– New York State Executive Laws Section 296

– NYC Board of Standards and Appeals

– New York Real Estate Finance Bureau

– Uniform Land Use Review Procedure (UULURP)

– New York City Planning Commission

– Department of Buildings

– Department of Finance

– New York City Council

–New York State Assembly

– Martin Act

– SBRA (Small Businesses Reorganization Corporation Law)

– New York Labor Law Section 2408241 (Scaffolding Law)

– New York Assembly Bill No. A2554

– Federal & New York State Case Law.

 

212 922 0005

 

Law Offices of Kiritsis & Associates 

Phone # 212 922 0005

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