THE DOCKET

Improper Liens and Fee-Stacking on Arrears

Common-charge collection escalated with legal fees, late charges and liens that exceed or precede what the governing documents and statute permit.

NEW YORK

No agency has jurisdiction

Raised as a defence to a foreclosure or collection action the owner did not choose to be in.

1 verified case — 0 against a board, 1 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

Recorded a lien of $211,178.40 against a unit of which $132,879.10 was late charges and legal fees rather than common charges, curtailed the owner's building services, foreclosed, and had him ejected from the home he owned while requiring him to pay $6,500 a month in rent for it.

A tribunal rejected this claim.

Heywood Condominium v. Wozencraft · 148 AD3d 38 (1st Dept 2017) · filed 2013-03-15 · 3.8 yrs

Board prevailed

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