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Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Our building has created rules regarding leasing apartments.

Customer Question

Our building has created rules regarding leasing apartments. According to their rules the Board of Managers can refuse a lease or a lease renewal with or without reason. The problem is that our building has a right of first refusal on leases. And it gets more complicated that that. Since our building has had some problems with short term rentals the Board has been going after everyone and created many "rules" which go against the Declaration and the ByLaws of the building. There's more
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: New York City, New York State
JA: Has any paperwork been filed?
Customer: Lots. We filed a lawsuit against the Board and have had a judgement which is being ignored by the Board.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Four of us are involved in the lawsuit, but our attorney had to drop 2 of us. One of the other plaintiffs is not only an owner, but my tenant. We are being deposed on January 7th and our attorney says there is a potential conflict of interest and so had to drop the both of us.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 10 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 10 months ago.

What is your question? If you won the judgement, why are you being deposed? What is pending. Has there been any type of contempt motion?

Customer: replied 10 months ago.
The Condo filed a counterclaim.
Customer: replied 10 months ago.
I am not embarking on an open ended expense. So I am not satisfied with the response given for my initial $40.00. I need an attorney.
Expert:  Damien Bosco replied 10 months ago.

Hi Alexander. The response was for more information. It was not an answer. I am an NY attorney. The information you provide is unclear because you say you already obtained a judgment, yet you are being deposed in January post judgment. So, the question I had was what is the impetus or reason for the deposition? Is there a current motion pending?

Customer: replied 10 months ago.
There is a counterclaim by the Condo. The Condo has assessed fines against me in the amount to date of $45,750.00 plus late fees following a judgement stating "...and to grant a permanent injunction enjoining the board from imposing such fines...". The board (or some people on the board) is trying to force me to evict my tenant (who is also a unit owner) of four years with no reason. The fines are listed as "unregistered guest fees" on the printout of my account. I was never advised that the fines would be on my account. I was never even informed of any reason. (true or otherwise). The "newsletters" which have been circulated by the Board contain defamatory statements against myself and the other 3 unit owners who filed the original claim.
Expert:  Damien Bosco replied 10 months ago.

If you have an injunction, why are they permitted to continue. Wasn't there a motion to dismiss the counterclaim? And how could the counterclaims be open if there already a final judgement? Unfortunately, without reviewing the file and procedural history, it is difficult to discuss. Do you have a specific question?

Customer: replied 10 months ago.
Do you have an office in Manhattan? The Board decided to pursue the counterclaim. After all, I get to pay twice. Once through the common charges and again to defend myself. I was thinking of defending myself pro-se, but I'm not sure that's a good idea. By the way, this judgement was confirmed on appeal and the Board is insisting on pursuing the case.
Customer: replied 10 months ago.
you're right, the case is very complex.
Expert:  Damien Bosco replied 10 months ago.

Going pro se is tough. Plus, having an attorney become involved in the middle of litigation is sometimes frustrating for an attorney since there is a procedural history and the attorney was not involved from the start. It is unfortunate that your attorney withdrew from counsel because of the conflict of interest. It seems that an attorney represented you in the appeal. Possibly the case was remanded back to the trial court; it is unclear why counterclaims are still alive when there was a confirmed final judgement. Yes, I have a private practice in NYC.