Wednesday, February 9, 2011

Is a property management company responsible for following condo bylaws?



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Question by George: Is a property management company responsible for following condo bylaws?

We live in a New York City condo, where the property management company prefers the direction of the sponsor controlled board to the actual bylaws. As an example: if the bylaws state that the late charge is 1.5% per month, the property management company charges 00 per month as per the board's wishes. They absolutely ignore all requests to resolve this issue. Is the property management company at all liable for this?




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Answer by cactusgene
The By-laws, as amended are the only authority to collect late charges or other fees. However, they can be changed from time to time. If you are absolutely certain that those by-laws have not been changed, then you must only pay the 1.5% per month and I would dare the property management company to demand otherwise. ,000 per month sounds excessive anyway and would probably not survive a court challenge anyway, as they would be considered unconscionable. Submit a copy of that portion of the by-laws with your 1.5% payment.





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