Month: December 2015

If your condominium building uses heating oil as a fuel for furnaces or boilers, you should take steps to ensure that you aren’t paying for more oil than is being delivered to the building. Don’t fall prey to an unscrupulous oil company that might try to trick you or your management company about the amount of fuel that’s delivered to the building. A New York City commission recently found widespread heating oil fraud, with nine companies and 44 individuals indicted on multiple felony counts.

Facts: A homeowners association used funds from a special assessment to complete roadwork in a subdivision of the planned community. Each homeowner was asked to pay $7,500. One of the homeowners paid his portion on time but later sued the association, seeking to recoup that amount and alleging that, among several other illegal activities, the association had engaged in fraud by requiring payment of the assessment. A trial court ruled in favor of the association. The homeowner appealed.

Facts: The owner of two townhouse units performed renovations that were not permissible under the association’s governing documents. The association charged the owner several thousand dollars in penalties and fines. When the owner didn’t pay, the association imposed a lien on the properties. The owner sued the association, alleging, among several other claims, that it had negligently placed an improper lien.

The association asked for a judgment in its favor without a trial. A trial court ruled in favor of the association. The owner appealed.