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Old 08-14-2012, 08:30 AM
 
2,691 posts, read 4,331,224 times
Reputation: 2311

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Wow, people can be real sh!tty (and that includes all the earlier posters that were being obnoxious to the OP). My guess is that this condo was on the market for a while so the agents and developer wanted to do anything to unload it, including stretching or hiding the truth. I wouldn't be surprised if your lawyer for the closing was was "recommended" by the agent/developer.

Not sure if this helps any but I had looked at an illegal duplex in either in South Slope or Williamsburg. Anyway, they had "converted" the illegal second floor into an attic by removing the stairs and putting in a door similar to what you'd find in attics (you know, the ones that pull down from the ceiling with the ladder stairs that extend as you open it). What confused me was that when I looked at the floor plans online, there was no indication of the conversion and I think it was even being advertised as a duplex. But when I went to the open house I noticed there was no second level. When I asked the realtor she explained they converted it into an attic but was quick to say "but you can change it back". Then when I asked her what would happen if I tried to sell it as a duplex she admitted that I would have to convert it back into an attic because it was not up to code as a duplex. Needless to say, I passed on that property.

OP- can you try converting it so that it is legal?
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Old 08-14-2012, 08:34 AM
 
35,094 posts, read 51,251,824 times
Reputation: 62669
Wow, knowingly bought something illegal, has been threatened by blackmail from neighbors and the attorney she more than likely paid a lot for advice says "people buy things like this" AND you want sympathy and legal advice from strangers on a public forum.

Sounds like you had a tough start to your week.
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Old 08-14-2012, 08:52 AM
 
Location: Long Island, NY
7,841 posts, read 13,237,884 times
Reputation: 9247
Quote:
Originally Posted by tanyaj View Post
I recently purchased a condo with a duplex (second floor) added with no permits. In fact the C of O shows the condo as one floor but for some reason the builders made it a duplex without permission of nyc. I purchased because it was a good price and i figured i'd save money on taxes as well. Now my neighbors are threatening to have inspectors come to the building and issue me violations if i dont pay up to keep them quiet. I am so desperate now and have no clue what to do. Mind you this is a seven story building in a R6 zoning and there are only two other apartments other than mine like mine out of 12 units. I heard you dont have to let inspector in your home but they can get a court order to mandate you to let them in. Please help! Thanks.

Hold on..why are the neighbors threatening you? There must be something you're doing or have done to tick them off. If you're a good neighbor and I like having you as a neighbor then I really couldn't care less if you had an illegal 2nd floor.
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Old 08-14-2012, 08:52 AM
 
33 posts, read 43,230 times
Reputation: 11
Quote:
Originally Posted by CSD610 View Post
Wow, knowingly bought something illegal, has been threatened by blackmail from neighbors and the attorney she more than likely paid a lot for advice says "people buy things like this" AND you want sympathy and legal advice from strangers on a public forum.

Sounds like you had a tough start to your week.

I wasnt looking for sympathy?
I was posting a question aimed towards professionals that can give me advice on how to proceed to make this situation legal now or to revert back to the builders with possible legal implications given my situation. Those of you that have given me such amazing advice, thank you so much. I'm continuously working on this situation now to correct it or salvage what i can now.
FYI, CSD610, i couldve just paid my maintanence increase and move on but i obviously want to correct the entire situation rather than sweep it under the rug
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Old 08-14-2012, 08:56 AM
 
33 posts, read 43,230 times
Reputation: 11
Quote:
Originally Posted by bellakin123 View Post
Hold on..why are the neighbors threatening you? There must be something you're doing or have done to tick them off. If you're a good neighbor and I like having you as a neighbor then I really couldn't care less if you had an illegal 2nd floor.

They want me to pay more maintanence money in the event that violations occur on the property. Its just a way of saying, we got you now so pay up. They doubled my maintanence.
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Old 08-14-2012, 08:59 AM
 
Location: Full time RV"er
2,404 posts, read 6,579,562 times
Reputation: 1497
Quote:
Originally Posted by CSD610 View Post
Wow, knowingly bought something illegal, has been threatened by blackmail from neighbors and the attorney she more than likely paid a lot for advice says "people buy things like this" AND you want sympathy and legal advice from strangers on a public forum.

Sounds like you had a tough start to your week.
WOW! First let me say this , find out if your inforcement agency is "complaint driven" meaning they don't just drive around looking for violations, ( Most city's and counties are "complaint driven") Next ask the inspector ( if he shows up at your door) what is the reason for your being here. Do you have a verified complaint? Without it he has violated your constitutional rights to due process and his being there also constitutes excessive use of authority under color of law.

Now I am not an attorney but here in Southern California this process was used to stop 223 Riverside county code inforcement actions because 1 person had call in 223 complaints anonymously and the county illegally acted on that call not being able to summon him / her into a court of law to be questioned by the defendants. ( the county , city , state also has to follow the laws),, the next issue would be when was the 2nd floor built ? during tha toriginal build ? or after . if it was during the original build , then it was inspected and approved by the city in that process. End of problem . Most certainly don't invite the inspector in , make him follow the law and if he choses to get a court order for inspection , then he has to prove what date the addition was built after or during, that the big question?
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Old 08-14-2012, 09:01 AM
 
Location: Long Island, NY
7,841 posts, read 13,237,884 times
Reputation: 9247
Quote:
Originally Posted by tanyaj View Post
They want me to pay more maintanence money in the event that violations occur on the property. Its just a way of saying, we got you now so pay up. They doubled my maintanence.

Why aren't they complaining to the condo board instead of threatening you?!?! You shouldn't be responsible for the property's violations. And why aren't YOU complaining to the condo board about the threats? I think there's more to this.
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Old 08-14-2012, 09:09 AM
 
Location: Full time RV"er
2,404 posts, read 6,579,562 times
Reputation: 1497
Quote:
Originally Posted by bellakin123 View Post
Why aren't they complaining to the condo board instead of threatening you?!?! You shouldn't be responsible for the property's violations. And why aren't YOU complaining to the condo board about the threats? I think there's more to this.
Yea ! sounds like its time to send a "letter of Intent to file a legal action" to anyone that is complaining and also to the condo board...... Harrasment, extorton come to mind!
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Old 08-14-2012, 09:12 AM
 
33 posts, read 43,230 times
Reputation: 11
Fighter 1,
I have no clue how the second floor went under the radar (at this point im really thinking the inspector himself was given a bribe by these builders), otherwise does not make sense to me either. I also read that you legally dont have to let an inspector in your house but they can get a court order and im scared of that lol (every day is like 1,000 fine of you living there without rectifying the situation). I also read in California, a lot of people didnt report extensions and other construction to avoid increase of taxes. Im not concerned about the increase of taxes since the building is tax abated.
BAsically this whole thing started is because im getting threats from the board that they will call the city on me if i dont pay up. I dont want someone from the city coming to my door every day harrassing me.
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Old 08-14-2012, 09:13 AM
 
33 posts, read 43,230 times
Reputation: 11
The condo board said they will get all the owners against me for increases of maintanence payments that I dont want to pay.
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