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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 2964
Experience:  Licensed to practice before state and federal court
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Our condo complex in NYS was never finished (built in

Customer Question

Our condo complex in NYS was never finished (built in 2007-2008); therefore there is no condo association and you cannot get conventional financing. I have two leaks, one in the roof and one on the siding, the owners of the complex refuse to do anything because we don't pay fees
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: There is no association the complex is in NYS
JA: Has any paperwork been filed?
Customer: Paperwork for what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: What we bought in 2008 according to the prospectus is not what we have.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 1 month ago.

Hello! My name is ***** ***** I am a licensed attorney, admitted to practice in state and federal court I'll be here to help today! What specific questions do you have? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Customer: replied 1 month ago.
What recourse do I have since the condos were never finished, therefore do not qualify as a condo or have an association. I now have exterior damages that they refuse to do anything anout because we do not pay association fees. I also did not get what I bought with the prospectus.
Customer: replied 1 month ago.
Is the phone call $59.00 .on top of the $36.
Expert:  Legal Eagle replied 1 month ago.

Good questions. The answer to your 2nd question is yes, it would be a total of $95 to speak with me. If you don't want to do that, you would only pay $36 if you accepted my answer. Did you want to continue?

Customer: replied 1 month ago.
Can I decide after you give me the preliminary answers
Expert:  Legal Eagle replied 1 month ago.

Sure thing. Just one moment...

Expert:  Legal Eagle replied 1 month ago.

So, there are a couple of options, but most of them are going to be informal. If you aren't paying dues, then you aren't going to be held to the rules of the association, but it's clear that you won't be eligible for any repairs being made on your property either. You may want to consider getting homeowner's insurance if your home is insurable, waiting the regular period before filing a claim, then filing a claim. You could also work with the HOA and ask them if they could just cut you a discount on the repairs that need to be made so they can get paid and you can get your property fixed. You could also ask for a one time exception to this as well so they may feel compelled to do it. You could also ask one of your neighbors if they would be willing to vouch for you as well if that is a possibility.

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