Suffern, NY asked in Real Estate Law for New York

Q: Condo Board refuses to remove liens that have been fully paid.

I’m in New York and fell behind on my condo association common charges due to illness. The Condo Board placed several liens on my property. I’ve paid half of what’s owed but it’s been 20 months and they still have not removed any liens. My understanding is that they have 30 days to remove the liens after receiving payment. I have asked them several times to remove the liens but they are still there. I’ve been prepared to pay off the balance but won’t do it until liens that have been paid for have been removed. Now they are threatening to foreclose on my unit but they are in violation. Any suggestions? Should I sue for treble damages?

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1 Lawyer Answer
Elaine Shay
PREMIUM
Elaine Shay
Answered
  • New York, NY
  • Licensed in New York

A: Your post mentions that you have paid about half of what was owed; therefore, it doesn't seem as if there is a basis to remove the liens yet. Instead of suing, a better way of proceeding may simply be to have an attorney negotiate a resolution of the situation on your behalf.

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