• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How to Petition Court to Vacate Lien

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

saint1

Guest
What is the name of your state? NY

The Board of HOA imposed a Special Assessment in violation of By-Laws. The By-Laws state that a special assessment shall be allowed ONLY if upon membership vote not less than 70% of the membership shall affirm to accept and impose a special assessment. There was NO vote taken for Special Assessment.

I refused to pay the special assessment and stated, by letter to the Board, my reasons for non-payment.

The Board has since filed a Notice of Lien with the County Recording Officer.

My question is: What specific legal action(Motion, Petition, Order to Show Cause, etc.) is required to challenge the lien, present evidence of By-Law violations and ask the court to vacate the lien?

Thank you!
 


HomeGuru

Senior Member
saint1 said:
What is the name of your state? NY

The Board of HOA imposed a Special Assessment in violation of By-Laws. The By-Laws state that a special assessment shall be allowed ONLY if upon membership vote not less than 70% of the membership shall affirm to accept and impose a special assessment. There was NO vote taken for Special Assessment.

I refused to pay the special assessment and stated, by letter to the Board, my reasons for non-payment.

The Board has since filed a Notice of Lien with the County Recording Officer.

My question is: What specific legal action(Motion, Petition, Order to Show Cause, etc.) is required to challenge the lien, present evidence of By-Law violations and ask the court to vacate the lien?

Thank you!
**A: your hired attorney will advise you. Hint: you need one like yesterday.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top