Corey Auerbach, partner, recently had his article “NY’s Highest Court Upholds Standing Authorization to Challenge Condo Tax Assessments in Matter of Eastbrooke Condominium v. Ainsworth Court of Appeals of New York, March 28, 2019, Decided” published in the Community Association of Western New York’s Community Association Connection newsletter.
Any property owner who believes their real property tax assessment is excessive, unequal, or unlawful may challenge that assessment and, if dissatisfied at the conclusion of the grievance process, may seek judicial redress pursuant to New York’s Real Property Tax Law.
To reduce the number of special proceedings and to permit the sharing of costs, § 339-y(4) of the “Condominium Act” (Article 9-B of the Real Property Law) provides that the board of managers of a condominium may act as an agent of each unit owner who has given written authorization to seek administrative and judicial review of an assessment. The same statute further provides that the board may also retain legal counsel on behalf of all unit owners for which it is acting as agent and charge all such unit owners a pro rata share of expenses, disbursements, and legal fees.
One such challenge by a WNY condominium made its way all the up to the NYS Court of Appeals, clarifying the breadth of agency authorization ... for now.
Read the full article on page seven here.