Full question:
I own a condo in a development that I built. I rented it to a tenant but have a bad hardship now. I lost all my income so I'm not paying the mortgage and the common charges I told the board that I'm trying to settle with the bank for a short sale and at the time of closing they will get the balance for the common charges. Now they want to annoy me so they put up a new lock on the gym and they denied to give me a key because I'm not in good standing is this legal? Can I sue them?
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: New York
Answer:
The rules governing access to amenities like the gym are typically outlined in the condo association's declaration, bylaws, and restrictive covenants. You should review these documents to understand your rights and obligations regarding fee payments and access to amenities. Generally, condo associations require owners to be current on their payments to use facilities.
For example, a typical rule might state that owners in default cannot use recreational facilities until their dues are paid. The association usually provides a notice period and may allow for a hearing to discuss the revocation of access. The board has discretion to waive revocation if satisfactory arrangements are made to cure any defaults.
As for legal action, if you believe the association is violating its own rules or your rights, you may consider consulting an attorney to explore your options. However, suing the association could be complex and may depend on the specific terms of your agreement with them.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.