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I live in a pvt community, whereby I pay monthly fees for…

Customer Question
I live in a...

I live in a pvt community, whereby I pay monthly fees for maintenance, etc. One month, deposit of my check was delayed by the HOA Manager until it was "stale", and returned by the bank.

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

NY

Lawyer's Assistant: Has any paperwork been filed?

...THERE'S MORE! The Manager sent me a message saying the check was returned NSF. My bank responded, the check was stale. Do I, as a financial professional (CPA/ABV/CFF, JD) former Chair of NYS Society of CPAs Business Valuation Committee, have a defamation case?

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

HOA recently reversed their charge of $25 for NSF check, admitting the error.

Submitted: 9 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/30/2017
Real Estate Lawyer: Ely, Counselor at Law replied 9 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,584
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

That depends - did the HOA announce publicly that your check bounced? Or did they simply send you a notice, privately?

If they sent you a notice privately, it is not enough for defamation. Under New York law, the elements of a defamation claim are: a false statement; published to a third party without privilege or authorization; with fault amounting to at least negligence; that caused special harm or defamation per se. See Dillon v. City of New York, 261 A.D.2d 34, 38 (N.Y.A.D. 1 Dept. 1999).

However if they publicly shamed you because of this and their claim was FALSE, then there may be a defamation case.

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Customer reply replied 9 months ago
In the same context, with my HOA, a sewer obstruction beyond my property backed up into my basement. This happened in January 2013. The drywall damage has not been repaired, and has been preserved for HOA inspection, and an estimate to repair. The HOA counters with latches defense. I maintain the damage resulted from a breach of contractual responsibility and the NYS six-year statute of limitations applies. Who prevails?
Real Estate Lawyer: Ely, Counselor at Law replied 9 months ago

My apologies for the wait.

It seems you are specifically asking about statute of limitations and laches. Actually, the statute of limitations here would be THREE years based on the statute of limitations of damaged property. Laches would not apply, but the statute of limitations makes the matter too old to file suit based on the facts provided. I am sorry.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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