Brewster, NY asked in Real Estate Law for New York

Q: Hello, I take my HOA to court for maintenance that is causing damage to the inside of my unit for the second time.

I am scheduled to appear in small claims court August 16, 2022 with the management company because they continue to tell me air coming into my unit from the foundation is my responsibility. After I filed the claim and received a date I discovered water intrusion, notified the management company and the response is the same as when the water damage occurred approximately 4 years ago. I had to make these repairs without their help because they refused to help me. I have two separate issues right now and not sure how to handle because of the upcoming court date. I have an energy assessment report and a report from a basement repair company that is very costly. I am desperate and need some guidance.

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

A: Since Small Claims is only authorized to make monetary awards, you may not be able to obtain the proper relief in the case you initiated there. Issues with a Boards obligations to make repairs may require injunctive relief which you can obtain in Supreme Court, where you are best represented by counsel instead of proceeding pro se.

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