Condo with attached garages

Status
Not open for further replies.

Pheenix

New Member
Tarrytown, NY (Westchester County)
I purchased a condo in May 2009 which included share interest in two garages (three taxable properties). I recently discovered that a third garage was part of my unit with the previous owner, but not stated in the contract sale.

Condo bylaws state that the garages remain deeded to the unit unless a sale to another unit owner is approved and recorded. Unit owners are not allowed to sell their unit and keep the garages as stand-alone properties.

Currently, tax records show the garage as owned by the previous owner (now deceased) but with my address. I get the property tax bills (in arears now for several years).

The condo never disclosed to me that the garage was still attached to my unit but charged me higher common charges and assessment on the extra garage. The condo office records show the garage as attached to my unit although their monthly common charge statement to me lumps charges into a single number (which is why I never noticed till now).

My question:
1. Do I have any legal claim to the garage? Bylaws state that all "Appurtenant Interests" in a unit convey to the new owner unless explicitly severed through a sale to another condo owner.
2. Does the condo have any legal claim to the garage? Since the old owner has effectively "taken" the garage with him as a stand-alone property, can the condo or new owner file to retain ownership?
3. Do local property ownership laws and titles honor condo rules? Are condo owners legally bound to the bylaws when they purchase a condo? Or do the real estate laws take precedence.
 
Status
Not open for further replies.
Back
Top