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We sold a condo property recently in NY. The property management company forced us to pay a portion (apportioned to our unit's size) of a very large general bill of overdue building utility bill without the board itself passing a resolution or notifying the condo owners. The management company told us that they would not sign off on our sale unless we paid. They sent us a copy of the overall bill for building (amounting to over 40,000 dollars for over 6 months neglect).
We had no choice but to pay as the closing was imminent, and we did not have the time to fight it. They did show us a copy of the overdue bill sent by the utility. It was large and it was delinquent. Previous extraordinary expenses were always sent in the form of an official notice.
My question is whether a property company can charge us for such an expense, amounting to several thousand dollars, without the board passing a resolution or even officially notifying the owners. As we have already closed and, are no longer owners, what recourse do we have to complain and/or try to have the money returned to us? Is it legal for such an expense to be demanded without a board resolution?
This property company has also to date, not returned our initial deposit of two months fees for the standard management fee.
Our attorney was not the best. We are aware of our mistake. Now, we want to know if this is legal, and whether we can bring to small claims court.
CondoNYC - At this point, I think it is best that you find a new attorney and ask them for advice. You're asking questions of a legal nature, and there are not many attorneys on here who will answer without an official attorney/client relationship.
Good luck!
You get a free half an hour. Google it. It used to be in Midtown.
Probably the thing to do is write "paid in protest" on the subject line of your check and then take them to small claims after it is cashed.
OMG! This was an over due building bill? How can they do that? Yes get another atty, Don't let this go without a fight. This mgmt comp. needs to be investigated. I don't know who you can report this to, but I'm sure there is a higher agency that they can be reported.
Good Luck! Let us know the solution.
The new attorney hired by the OP will know all the proper legal procedures. I strongly advise the OP not to take *any* additional actions, but let their attorney handle it from here on.
And yes, I agree this should be pursued to the fullest extent possible. I think the A/G's office is the proper venue. But again, let your attorney do the talking.
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Where was *your* closing attorney in all this and what did they have to say or advise you?
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