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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87162
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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under what conditions can a condo unit be considered as abandoned

Resolved Question:

under what conditions can a condo unit be considered as abandoned under NYS Condo Law?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends on the underlining facts. Can you please tell me:

1) Abandoned by whom - a tenant or the owner?
2) Who is asking and why - the condo board? The lender to the condo? Someone else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Ely, Condo Board requesting info. Abandonment by owner. Two


mtgs. -lenders names not available.

Expert:  Ely replied 1 year ago.
Thank you.

There is no law in NY that states that an individual has "abandoned" property if they do not use it for a certain amount of time, or are not seen, etc. Now, the state may file a suit to escheat the property (i.e. take it) if the individual is presumed passed away and no relatives can be found.

However, barring that, the property remains that of the missing individual. A condo board cannot "take" the property simply because they are not around, I am afraid. However, the individual may be fined for not following certain rules/having the property in a certain way of course, and eventually, the fine may turn into a lien, and the lien may be used to foreclose on the property.

However, there is no rule that has the property considered "abandoned" after a certain time.

Finally, if someone else lives in the property without permission, they can claim title after some years due to adverse possession law (i.e. squatter's rights). However, that is different.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87162
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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