Page 18 - New Jersey Cooperator January 2019

18 THE NEW JERSEY COOPERATOR —JANUARY 2019 NJCOOPERATOR.COM board is as bad as you suggest, the board may not be doing a good job at prepar- ing annual budgets or evacuating reserve needs. No matter what, you have an abso- lute right to know why these assessments are happening. “What you probably cannot do, how- ever, is decide to unilaterally withhold pay- ments. Th is may result in a foreclosure ac- tion being fi led against you or an action for monetary damages. Seek out legal advice if things ever come to this drastic point.” Common Property and the Board Q Against the rules that require a vote to change the use of com- mon property, my condo board is now using our paddle-ball court to store large equipment like pressure washers, etc. I asked about it at the annual meeting and they told me to ask the site manager to move the equipment whenever I want to use the court. Th is to me is unacceptable since the property involved has still changed its pri- mary use and of course the property man- ager does not work 24/7 and other ethical reasons. Also the overall beauty of the area is compromised. Can I sue and force the as- sociation to buy back my property for what I paid for it and possibly include the cost of improvements I made, and even add in an index of how much property values in the area have increased since my purchase? I need help here. I am not being treated the same as other residents.” —Feeling Ostracized A “Generally speaking,” said attorney Eric Mann of the fi rm Hyberg, White & Mann in Northfi eld, “the board of a condominium association has the power and authority to adopt reasonable rules and regulations with respect to the use of the common property and the storage of equipment on the pad- dle-ball court may or may not be against the rules and regulations of the association. But not having the ability to review them, I will assume for the purpose of this ques- tion that the questioner is correct and that the board has violated the rules and regula- tions in this respect. “Regardless, while there may be appro- priate legal action that can be taken against the board for violating the governing docu- ments with respect to changing the use of common property, the unit owner does not have the legal ability to compel the associa- tion to buy back his property. However, he would have the ability to bring suit possibly on a breach of contract, breach of duty, or negligence theory provided that he could establish that the board's action caused him fi nancial damage. “I imagine the questioner would need to sell his unit or otherwise quantify his damages and then seek recovery against the board for the diminution in value of his unit directly caused by the board's viola- tion of the rules. “Lastly, the questioner's claim that he is not being treated the same as other resi- dents is not clear and no context is given from which I can make a determination as to his disparate treatment.” n Q&A continued from page 5 Do you have an issue with your board? Are you wondering how to solve a dispute with a neighbor? Can’t fi nd information you need about a building’s fi nances? Our attorney advisors have the answers to all of your legal questions. Write to The New Jersey Cooperator and we’ll publish your question, along with a response from one of our attorney advisors. Questions may be edited for taste, length and clarity. Send your questions to: david@ cooperator.com. Q&A Disclaimer: Th e answers provided in this Q&A column are of a general nature and cannot substitute for professional advice regarding your specifi c circumstances. Always seek the advice of competent legal counsel or other qualifi ed profes- sionals with any questions you may have regard- ing technical or legal issues. complex in Little Ferry forced the displace- ment of residents, according to Northjersey. com. Th e fi re originated in a kitchen in one of the two buildings of Ledgewood Terrace and spread through the ventilation system, resulting in emergency crews having to open the roofs of both buildings, said a represen- tative for the complex. Th e number of resi- dents who evacuated from the complex’s 24 apartments was unclear, and the Red Cross was there to help the aff ected. Meanwhile, a fi re at a Woodbridge condo unit injured one person and forced the evacuation of several residents, WABC reported. Th e December 4 blaze occurred at the Hillside Gardens in Woodbridge during the late evening, and left one person with a minor injury. At the time of the article’s publication, the cause of the blaze was being investigated. Report: Lawn Mower Fumes at Bergen County Condo Claim a Life NJ.com reported that a landscaper died and another person was hospitalized aft er being overcome by fumes at a Bergen County condominium. According to authorities, the two men were discovered unresponsive at the Washington Pond Condominium Complex in Bergen County. 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