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Does a Condo Board have a duty to advise owners of fire

Customer Question
Does a Condo Board...

Does a Condo Board have a duty to advise owners of fire safety regulations annually?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Sorry, New York

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Submitted: 4 months ago.Category: Legal
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11/28/2017
Lawyer: socrateaser, Lawyer replied 4 months ago
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,762
Experience: Retired
Verified

Hello,

A condo board has a fiduciary duty to the owners to use ordinary care to avoid causing injury to the owner-members of the association. Failure to do so is negligence, and is compensable. So, the answer is yes, the board has such a duty. However, this duty is created by judicial case law precedent, and not by statute or ordinance. So, I cannot point you to a particular NY law or NYC ordinance that covers the issue. It's what is known as a "common law fiduciary duty."

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Lawyer: Ivy-cssm,
 replied 4 months ago
Ivy-cssm
Category: Legal
Satisfied Customers: 0
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Hello, We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (paste the question link into the response). Thank you, ***** ***** Customer Support Team.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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