Legal Question in Real Estate Law in New York

condominium owner rights

if there is a complex of condominiums all homeowners and one person owns says 27 houses out of 50 does that person have total rights over the other 23 homeowners. does he have 27 votes and each single until homeowner have 1 vote. what i mean is does his vote overide our 20 votes, do we or dont we have a say in the association business. i 'm sorry i know that is 3 different questions, but i would appreciate your help


Asked on 2/15/03, 10:19 pm

1 Answer from Attorneys

Rod Kovel Rod Kovel, Attorney at Law

Re: condominium owner rights

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

First, I seem to recall that the deal with condos is that the voting depends on the unit sizes, rather than the number of people, and that may or may not determine whether your one voter controls a majority or not.

But, he will hold much unless he is the sponsor. In New York, separate, and very complex rules apply to sponsors as opposed to owner/occupants. These rules are very cumbersome, heavily litigated, and may or may not be consistent from one case to the next. If this is the problem, you will definitely want to take up the matter with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel

Attorney at Law

516-312-9900

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Answered on 2/17/03, 8:24 am


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