QUESTION
Can I open a legal action against condo management?
Asked on Feb 07th, 2024 on Residential Real Estate - New York
More details to this question:
Our HOA Board is violating our Declaration by levying an exceptionally large special assessment without of vote I have tried to reason with them but now I have to accept I need a legal intervention.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
You can start a shareholders derivative action against the board but it's best to get other shareholders involved- but you'd have a high burden of proof. The board is generally protected by the business judgment rule from liability for decieions such as an assessment. But if enough shareholders agree that it's outrageous you might at least be able to get better answers, and if there's actual malfeasance they could be liable.
Answered on Feb 19th, 2024 at 9:16 AM