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  #1  
Old 03-09-2006, 03:09 PM
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Join Date: Mar 2006
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Exclamation

condo owner ignoring by-laws


What is the name of your state? new york

We are a newly formed condo board, one of our shareholders has started construction without submitting permits or adhering to any of the by-laws of the condo. He has become threatening; after demo work he uncovered poor construction, that the sponsor is not prepared to fix, and is now saying he will be coming after the board for the repairs.
we have asked him to stop construction as it is jeopardising the integrity of the building (he is demo'ing structural areas of the building, and being that he is on the ground floor, this is very dangerous). he has no contractor on site supervising the work and the workers have adopted the "we dont speak english" approach.
can the board stop the workers without his approval?
thank you!
  #2  
Old 03-09-2006, 06:02 PM
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Join Date: Jan 2003
Posts: 19,148
Get an attorney, then an injunction to halt the work until the plansd, etc. can be checked out as non-problematic. The building inspector should also be notified if no building permit is posted. THis is a disaster in the making, and the board may have some liability if they fail to act.

An official translation can also be done of the injunction into Spanish or whatever - the subs need to be scared off of doing ANY further work that will create structural integrity problems.
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  #3  
Old 03-10-2006, 10:07 AM
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Join Date: Mar 2006
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thank you


thanks for the advice, much apprciated. we have sent him a fax stating all the by-laws he has violated an drequesting all the necessary permits and insurance etc. we have told him to cease work until these are provided. hopefully he will comply, if not, then i guess an injunction is the next step.
  #4  
Old 03-10-2006, 12:08 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
the HOA should immediately hire an attorney and serve a stop work order. Reason being court takes some time.
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