Assessments and Capital Charges Without the Required Vote
Special assessments, capital projects or extraordinary expenditures imposed without the owner vote the governing documents require, or restructured to avoid triggering one.
NEW YORK
No agency has jurisdiction
An action for a declaratory judgment — typically brought after the money has already been collected and spent.
2 verified cases — 0 against a board, 2 for a board, 0 split, 0 open. No clean finding of liability against a board in this bucket.
What the board is said to have done
Undertook a $1.5 million project replacing the complex's roofs, gutters, entry doors and decks without seeking the consent of the unit owners.
A tribunal rejected this claim.
Board prevailed
What the board is said to have done
Assessed common charges for that project and recorded a lien against a unit for non-payment.
A tribunal rejected this claim.
Board prevailed