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Co-ops and Condominiums
Foreclosure on Lien for Common Charges Not Dismissed
Board of Managers of Residential Section of Galleria Condominium v. Hong, 2023 WL 7391781, AppDiv, First Dept. (memorandum opinion)
In condominium's action to foreclose a lien and to recover unpaid common charges, unit owner appealed from Supreme Court's order denying unit owner's motion to dismiss and denying her motion to compel discovery. The Appellate Division affirmed, holding that documentary evidence did not refute the condominium's claims.
In 2011, the condominium imposed fines and penalties on unit owner totaling $6,000. Unit owner objected. When the condominium brought this action to foreclose its lien and recover over $72,000 in common charges, unit owner submitted evidence that the condominium applied her May 2018 common charge payment against those fines. Unit owner contended that this application was improper, and she sought dismissal of the complaint and production of the condominium's annual reports. The condominium represented, however, that it has waived any claim to recover the $6,000 and sought only to recover unpaid common charges from mid-2018 going forward. Supreme Court denied unit owner's motion to dismiss and to compel production of documents. Unit owner appealed.
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