Owners' Rights vs. Condo Rules Sorry, That's Not Allowed

Owners' Rights vs. Condo Rules

New condo owners get a lot of papers and documents during the purchasing process, and among the most important they receive are the community's Declaration of Covenants, Conditions & Restrictions (CC&R), the bylaws, administrative guidelines, and other legal documents spelling out the rules and regulations for life in their new home.

As anyone involved with one knows, a homeowners association provides a system of self-governance whereby residents elect one another to serve on the board of directors and on committees for the betterment of the community. Self-government like this appeals to those who like to have a say in how their community is managed and determines when to take certain actions, such as repairs, improvements, and additions. The system also establishes rules, however; and if not properly balanced, those rules can occasionally come into conflict with the rights of individual homeowners.

A Condo Act

Perhaps the most important—though possibly the least-read—set of documents governing homeowners associations is the master deed. The master deed is essentially the legal lynchpin of the entire condominium association and should be made available to owners for examination.

The master deed is a direct result of the Condominium Act of New Jersey—a state law adopted in 1970 that established the format for creating a condo. E.J. Miranda, a spokesman for the Trenton-based New Jersey Department of Community Affairs (DCA) describes it as "a comprehensive statute with thirty-eight sections governing everything from creation to dissolution. It defines terms, specifies the contents of a master deed, and enumerates the powers and duties of the association."

The Condominium Act is basically a blueprint for how a condominium is established, organized and run, and the act spells out how the association is transitioned from the developer.

"It says you have to file a master deed, which must contain the name of the condo, description of the units and of the common elements, percentage of interest in the common elements, and basic requirements for establishing a condo," states Wendell Smith, a partner of Greenbaum Rowe Smith Ravin Davis & Himmel LLP, a law firm in Woodbridge. "It must be executed and recorded by the owner of the property, because that's where you're changing from a conventional form of ownership to a condo form of ownership and dividing the property into units and common elements."

Mary Ann Hallenborg, a counsel for Heine Associates P.A., a law firm based in Cherry Hill, says, "Although the association's authority and power derive from the Condominium Act and the master deed, each condo's master deed is unique. The act also limits the voting rights of the developer of the new condo and limits their control."

When the condo is formed, any major contracts entered into by the developer on behalf of the association are limited to two years. "That limitation," Hallenborg explains, "means the association itself wouldn't be burdened by a long-term sweetheart contract."

The act also governs the transition of control from the developer to the association and the new unit owners. "It's basically a progressive transition," says Smith. The act also defines what documents the association and unit owners are entitled to get when they take over control, such as bank accounts, insurance policies, copies of the original documents, and land surveys. Another function of the act is to establish rules and regulations. The act gives unit owners the right to receive notice of board meetings and an opportunity to attend.

Welcome to the Bylaws

According to Miranda, while new unit owners aren't usually given full copies of their association's financial records dating back to the creation of the community, they can and should expect more than a nice fruit basket when they move in.

"Associations don't typically distribute anything other than rules and regulations," he says. "The purchaser should have gotten a copy of the master deed and bylaws at the closing." Some associations however, he adds, do send out copies of budgets and bills, and others publish a newsletter containing financial and administrative information, and it's up to the homeowner to read and understand that information.

According to Smith, it's the bylaws and association rules that have the most direct impact on the day-to-day lives of association members. "The bylaws are the governance of the association: voting rights, obligations, how expenses are determined. Then you have rules and regulations. Those are the governing documents detail what the association directly controls."

And that control, according to Miranda, "Can include a wide variety of property and personal conduct—including things such as pets, outdoor furniture and parking spaces."

"Every set of governing documents has covenants and restrictions in it," Smith adds. "There may be restrictions against pets or against altering your unit without getting approval from the board or the architectural committee as well." That's necessary, he says, because one homeowner's structural changes might affect others.

"An association doesn't want [members] doing anything to the exterior of their unit that's going to have a negative aesthetic or structural impact. That's one level of rights owners give up to the condo association. Owners have to comply with the restrictions and regulations."

According to Hallenborg, those restrictions can go beyond whether or not someone can put a jumbo flagpole up in their yard. Association members can vote for or against directors, but in New Jersey they generally cannot act to approve or reject their association's annual budget. That's strictly the board's job.

The Board's Role

That doesn't mean that the board doesn't have to answer for its actions, says Smith. "They're responsible for the operation, management and administration of the association. They are subject to verification of any unique or extraordinary expenses."

"Extraordinary" expenses usually include capital improvements; rare is the board that has the right to just install a new swimming pool or a new clubhouse without a great deal of involvement and the full cooperation of the rest of the association. "They can repair the old one," Smith explains, "but if they want to put in a new indoor pool, that's a capital improvement, and they'd have to get the approval of the unit owners. It varies depending on what their governing documents say."

A board's responsibilities also depend on the definition of the common elements in the master deed and the layout of the community, says Hallenborg, but in any case, "The board is an overseer. They are responsible for the maintenance, management and insurance on the common elements. They're also responsible for the employment and the management contracts."

Smith adds that owners are liable for "basically everything within their four walls, plus anything that serves their unit exclusively—that applies to a patio or a balcony as well. They're also responsible for utilities that serve the unit."

Miranda makes an important distinction between homeowner and condo associations and cooperatives—in the case of homeowner associations, the common elements are usually separate parcels of real estate. "In a condominium," says Miranda, "an owner is responsible for anything defined as his unit. Both condo and homeowner associations are typically responsible for things like storm-water retention basins and recreation facilities."

Before Signing on the Dotted Line…

While the idea of living in a planned community appeals to many, it's important that prospective association members know what that membership entails. It means, Smith says, "That they're going to have to subordinate some of their individual rights to the common good of the community." He says the owners of a single-family home have the freedom to do whatever they want with their property whenever they want, but in a condo, "They don't have that freedom because the association is responsible for the maintenance and operation of the property—and the association is the one that makes those decisions."

For instance, Smith says, pet lovers ought to check into pet restrictions before they let themselves fall in love with a building or neighborhood. If a person wants to buy two adjacent units and merge them into one larger unit, they should know they need the association's approval. Parking regulations are yet another issue to be aware of. "There are just a variety of things in their everyday life that the association may have control over." Smith says.

People looking to buy into an association do have the right—and the responsibility—to examine the association's financial picture in order to make an informed decision about whether to make their home there.

To that end, Hallenborg recommends that prospective homeowners "Obtain as much information as possible about pending assessments, pending fee increases, identified capital improvement projects on the horizon—anything that's going to affect the financial picture or obligations in the near future."

She also says that new owners should lose the renter mentality. Paying dues late hurts the association that you are now a part of. "Everyone shares in the costs."

Miranda agrees, and adds that, "It's essential that association members have knowledge of established rules and are disciplined about paying their monthly fees to avoid a lien on their property and loss of privileges."

Complaint Department

Along with their right to information, homeowners also have the right to settle disputes by going either to the association or—to a more limited extent—the New Jersey Department of Community Affairs (DCA). Miranda says the department can help ensure that associations comply with open meeting requirements, make certain types of financial records, such as payments and expenditures or the association's budget, available for examination and to provide adequate procedures for alternative dispute resolution.

"They have a person who will respond, and if there's a complaint that they think has any potential validity they will send a letter to the developer and ask for an explanation," Smith says. "They will come down on a developer, because he's the one they have control over."

The department has less authority over unit owners. "There's very limited jurisdiction and very limited involvement," Smith says. If a homeowner has a complaint against the board, the department will ask the association to provide alternate dispute resolution or mediation arbitration, but, Smith adds, "It's usually through the power of persuasion, because they have very little legal clout as far as what they can do to an association." Although the state attorney general has no official role, Smith says they can encourage mediation or arbitration through other organizations.

Hallenborg says the dispute would have to go through the DCA first, after which, she says, "If they did not want to handle it—or thought it was beyond their enforcement capabilities—they can transfer it to the Attorney General or request that he look into it."

Miranda says that when it comes to associations registering with the state, "if they are organized as Title 15A nonprofit corporations, they must file annual reports with Treasury. They do not register with the Department of Community Affairs."

There is legislation pending to strengthen unit owners' rights in the form of the Uniform Common Interest Ownership Act or UCIOA, but that measure and several others have not yet gained consensus or the approval of the lawmakers in Trenton.

Life in a condo differs greatly from a single-family home and there are benefits but also compromises to be made. In order to make sure a given association is a good fit—and in order to be an active, informed participant in one's community—board members, managing agents, and association members alike must be aware of each others' rights and responsibilities, and hold each other to the rules and regulations that allow for a smooth, equitable operation.

Michael McDonough is a freelance writer living on Long Island.

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  • I live in Winston-Salem, NC. The condo I purchased had a water leak from outside the building and as a result had to have the building waterproofed. Before the condos were waterproofed the water from the outside, due to rain damaged my floors and walls because I stay in the basement apartment. All of this happened in March. The HOA keeps saying they will fix it but they need to make sure the water is not leaking anymore. They said the contractor needs to come back out here to redo the job. Meanwhile, they have agreed to fix the floors and one wall, but one of the cabinets was damaged and that style no longer exist. They want to take that cabinet out and not replace it. I explained to them that they needed to either buy all new cabinets to keep my kitchen uniformed or reface all of the cabinets. We have insurance on the condos and i would like to know if i can file a claim without involving or waiting on the HOA. cstivender@triad.rr.com
  • In NJ, our Master Deed states that Landscaping, and other charges are to be divided equally between 24 units. Without Amending the Master deed the board is charging us by square footage. I made them aware of this violation and they are ignoring me. They need 18 votes needed to amend the Master Deed. They only have 16 smaller units, while I represent 8 Larger units, so Amending it is impossible. They are attempting to shift the burden of expenses..
  • Association Boards get away with murder and more. Bullying, stealing, and whatever else they can get away with. DON'T BUY A CONDO. No matter how much you learn ahead of time, there's much more you won't ever know about. You'll find out each time you are hit with assessments, raise in fees, etc. STAY AWAY FROM CONDO. LIVING. IT'S FRIGHTENING!
  • David Chesrown-retired on Tuesday, August 28, 2012 11:58 AM
    Before purchasing unit - I was verbally promised by the agen and the owner of the development that we could use the overflow parking lot for oujr vehicles-they were aware that is the only way we would purchase. After all units sold and board of directors took over -we were told that we could no longer use the parking lot. In 2010 we appealed and received a signed letter affirming our right and granting us permission to use the parking lot. Now, two years later, they are demanding $200.00 a month for parking. What are my rights?
  • We share an up and down duplex that is a condo in NJ with another owner. The Master Deed is the only document that exists establishing the condo association with certain bylaws or rules. A pool exists as a common element but the Master Deed clearly states that the pool is for use by UNIT OWNERS. Does that mean that either of the owners cannot allow use of the pool of by their renters should they choose to rent their respective unit? Does allowing renters to use the pool require approval by both voting members of the association?
  • What law limits a Board from changing the colors, materials, size, etc. of common elements without the Board getting a vote of the majority. What if a Board wanted to paint the building magenta?
  • THE WORST FINANCIAL DECISION OF MY LIFE!! As a pro se defendant, i'm fighting a fraudulent foreclosure lien placed on my unit by board members for alleged maintenance fees. I have proof of payment. Which NJ statute should i reference?
  • I have two condos units that I live in and enjoy both. My summer condo has a 3 people who don't want to follow rulesand make it hell for everyone else plus the sad part we have new owners who have no ideal what it was like before and it was bad only because the old board menbers didn't live in the state so when we had a maintance problem it cost more money.The group we have now keep cost way down and our condo fee has been kept the same for the last 5 years. Our problem is 3 inmature low lifes if they had their way our homes would look like a dump
  • I own a condo and we were told we will have to pay an assessmet because they want to get FHa for the condo's. we also need new roofs and new streets and the assessment is $3,600 per unit. We have to pay before any of the work gets done. They said our reserve is not enough to get the FHa. Is this legal?
  • A settlement with a unit owner went under the privacy act, do other unit owners have the right to know the settlement?
  • I live in condo that was flooded by Sandy The condo assoc carries the insurance for the structure INCLUDING inside my unit. Now that the insurance amt has been determined the assoc is tell us that they will hire the repair company and pay them directly from the insurance. The amouts are VERY generous and I want all the money so I can hire my own registered contractor. Like they allo 4400 to paint 880sqft . I should get the 4400 directly and not have to agree to the assoc paying that to a painter of their choice HELP anyone give me some info on this
  • I live in a townhouse condo association. A neighbor has continually left toys ( pingpong table, child's car, basketball hoop, and other items) leaning against and surrounding their unit. This is a violation of the bylaws. I have brought this management and board's attention for he past 2 years. Nothing has been done and the complex is looking like a dump. I have to look at this every day and would like to know my rights. Can I withhold my HOA fees until this is resolved? Thank you.
  • I own a condo in a 6 unit property at a vacation seashore area. We are being bullied not to rent our unit long-term for the summer season to groups. The only thing I can find is that our bylaws say any rentals of more than 2 weeks require that the other condo owners be given names phone numbers of the renters . Can they say who we can or cannot rent to? Can they impose a fine? There is nothing in the bylaws stating about a fine for renting to groups as opposed to families but after 20 years of owning the new president is saying "we do not rent to groups".
  • Don't ever buy a condo!!! Worst investment ever. You give up all your rights, including your right to privacy! My Homeowners Association believes they can enter anyone's condo any time, for any reason without any warning or notification. They also believe they have the right to come into our homes for "inspection". Living in a condo is like living in a Communist country!!
  • I live in a condo and have the same problems as everyone combined. Want to know how to stop the assessments and bleeding of money to choice HANDY men. Not contractors.
  • Our master deed says maintenance should be proportionate. The early Boards followed this and then started assessing across-the-board. The little houses pay the same increases as the larger and more expensive homes. What is condominium law on this.
  • My mortgage company requires proof that I am current on my condo payments.......my payments are made online but access to verify my account can't be done because the web site is down...mgr of association wants to charge me $100.00 for verification of payment !
  • My Board makes repairs to their homes, families and friends but ignores request from other homeowners - how can this issues be resolved?
  • PURCHASER AT KINGS POINT on Saturday, June 1, 2013 9:26 PM
  • This is THE WORST MISTAKE OF MY LIFE!!! I HAVE NO PRIVACY!!! Place is Run down & Butt UGLY! Yet --Monthly H/O Fees keep going Up & Special Assessments Made at Spur of Moment--Very Expensive! Yet NO IMPROVEMENTS to MY Place! And the Majority Rules--and the Investors who RENT hold the Maj. on Board so My vote and others is Irrelevant. Is Draining my dry. Never--ever AGAIN if I can get out of this Huge Mess. I've Never been So Depressed & Angry. So--So Sad in NC!
  • The ballots used for election lists the candidates I am to select, however it also requires my name and address. when I asked aren't you going to separate them I was informed this is not a secret election I feel like we went backwards and they have the Gestopo working for them?
  • I live in Wilingboro. NJ in a townhouse community within the past year the BOT has not had the expenses from the fiscal year 2012 reported to the community nor has it been look over by a CPA how do the homeowners get the BOT to have this done?
  • Susan Hollingworth on Tuesday, June 25, 2013 7:37 AM
    A candidate was elected to the 5 member HOA Board last week. The Board has met regularly at 9am Tuesday monthly. The newly elected cnadidate works and has submitted a schedule of 5pm weekdays or all day Friday that she can attend meetings. The Board will not change their meeting date and subsequently she must resign. The president had said meetings could be changed to meet working peoples schedules but the Board has elected not to change the day and time after the election. Is the an irregularity?
  • I had a leak in my roof and it went thru ceiling and kept getting larger due to rain. it took several weeks for someone to come out and fix it. now I have a gutter problem where water is pouring out and over in a corner area and that is a problem. I realize that associations take care of outside problems but if they don't do that within a certain amt of time why can't I go ahead and get someone and pay before more damage is done to other areas.
  • Can a condo association tell me what I can and cannot place on my balcony
  • Can our condo association board limit the use of the common areas to the owners. Example 1st floor owners only use 1st floor deck and 2nd floor owners can only use 2nd floor deck. Also they are charging owners who rent 250.00 more Ieper year in their condo fee.
  • Are Condo second floors units or greater suppose to have at least 75% of floors covered with carpeting. If so who sets the requirements. Restrictions for condos in the state of New Jersey
  • Can an Association prohibit me from having an indoor cat in the condo I purchased
  • Are there any laws about transparency in the way rules are enforced? Our condo board is run by a bully. They pick and choose what is going to be enforced and on which units. Shouldn't there be an association listing of what units are our of compliance? They look the other way for their friends. The process needs to be standardized and applied to everyone, not the selected few who are not part of the click.
  • There are so many comments here, but, not much in the way of help for anyone. I'd say people need to gather together to protect themselves from these greedy low life association leaders. How do we do that? We need to contact each other. I still cannot use our condo. since Sandy, and don't know when I will be able to. I'm in an upstairs unit, not damaged by the storm, but, found out that plumbing problems which affected the lower units are somehow keeping water from our unit rendering it unusable, while my appliances sit for almost a year in first Cold, now sweltering heat. Will they cease to operate? Who knows. I don't. Can't go there. The association wants more and more and more money. We pay insurance. They won't let you know though, what was paid out and for what and who performed the work, and if they were qualified, licensed or what. Could go on and on. REMEMBER, ALL OF YOU. FIND THE MASTER DEED. GO TO TOWN HALL WHERE YOU OWN AND ASK FOR A COPY. THEY SHOULD SUPPLY YOU WITH IT, MAYBE FOR A SMALL COST, OR, ASK THE TAX COLLECTOR/ASSESSOR AS THEY SHOULD HAVE A COPY. READ, READ, READ...ALSO, WRITE THE PROSECUTOR OF YOUR COUNTY IF YOU BELIEVE SOMETHING IS NOT WHAT IT SHOULD BE. SEND COPIES TO THE MAYOR, THE DEPT. COMMUNITY AFFAIRS, DISTRICT PEOPLE AND SUCH. DON'T LET ANY ASSOCIATION WALK ALL OVER YOU.
  • A townhouse condo owner damaged his own garage door. He has been notified by the management company to have it repaired or replaced (which is the owner's responsibility in this condo development). He as not had it repaired or replaced and has not responded to the notifications. The townhouse looks terrible. What can be done?
  • Our Master Deed states "no pets." However, our condominium association has allowed us to bring our dog to our condo from the inception of the condominium association in 2004. Our dog does not interact with any other homeowner or unit. The Board of Directors recently changed and a new Board member is adamant about "no pets" even though they lease their condo and have never lived on the property. Is it possible for the Condominium Association to tell us that we can no longer bring our dog to our condo, which is a vacation/weekend home, after allowing us to bring our dog for the entire 9+ years we have owned our condo; we are original owners? Please explain our rights and whether or not bringing our dog would be protected by a "grandfathered" exception?
  • Can my BOD force me to replace my water heater before I can sell my condo? The water heater is 12 yrs. old, but the BOD says anything over 10 yrs. old needs to be replaced. This is a new rule, it's not part of the Bylaws.
  • Same nonsense for me--I put up a birdfeeder and was cited for "noxious activity" while my unit is invaded by second hand smoke from my neighbors. Apparently, secondhand smoke is not "noxious." I took my feeder down, but I am angry my chain smoking neighbors can sit on the balcony below mine and smoke all day. I can't sit on m balcony or open windows on that side of my unit lest all the smoke enters mine. Complaints to my property manager go unanswered. Yet, somehow complaints about me get through! Fancy that! I've had better experiences with insurance companies and the DMV than with the condo board and property manager. If I weren't underwater in my mortgage I'd sell. I didn't want exterior maintenance and lawn mowing, but this is far worse. Perhaps if board members were paid a small amount there might actually be competition to be on the board--resulting in potential board members having to state their qualifications. As it is no sane or reasonable person wants to be on the board (who has the time for NO money?) so those that are unqualified and power hungry.
  • MORTGAGE PROTECTION means the association has a record of your lender and calls them if your place is damage? We have a master insurance of 8M to cover damage Paid out monthly dues.
  • My condo association in michigan refuses to let me review the n maintenance work orders How do I go about letting me review them
  • I recently purchased a home in the Tracy Village community in Freehold. I would like to express the issues I am experiencing in my community. My home is located on the corner lot, and the lawn which I feel is part of my property has been defiled and defecated on by the dog owners that like to walk their dog onto the property when they have the entire walk way to have their dog defile or defecate on. I brought this issue to the association and from what they told me they would notify the owners but that was only a temporary fix, It has taken me an entire year to get my grass green after the "keep off grass" sign and constantly seeding watering etc... so anyway the dog owners has continued to ignore my sign and defile and defecate onto the lawn. I have emailed the association the township ordinance, and last nite I almost got into a physical altercation with a dog owner because the moth balls which is on my lawn got onto the side walk. Can anyone please advise how to resolve this issue.
  • I lived in a Townhome in Willingboro, NJ and the new Board is so corrupt they forged the judges signature. I was never given by-laws. They dont even do anything. I had to replace my mail box three time, they slash my tires, they took a brick and broke my windows because I report them. Where is the by-laws? Something need to be done sbout Eminent domain abuse and the crooks taking all the metal anf the copper from the illegsl lock outs.
  • II own my condo. I was given verbal permission by the landscape committee chairman to install a small ( 5 1/2 feet X 7 foot) paver patio in front of my Sliding glass door within the confines of my flower bed. I was not asked to submit written approval by this man. Now the " board" is telling me I have to remove it! At a vote by the 5 board members , the very person who gave me permission to have it installed voted against me! Is that ethical? Do I have any right to keep my patio.? It is in no way attached to my unit! It is a beautiful addition, ! It is not "structural meaning it is in no way attached to the building! What are MY rights ?
  • Our condominium Board of Directors increased our association dues from $145.00 to $165.00 in 2012. They voted to another increase from $165.00 to $190.00 a month beginning Jan. 1, 2014. due to the 52% delinquency rate in our complex. The paying unit owners did not have a vote in this decision; only the Board of Directors. Is there a cap as to how often association dues can be increased?
  • I am a board member of a New Jersey Condominium. We have had many issues with the Sponsor over the nearly 9 years since the Condo was formed. Our governing documents authorizes the Board of Director to control the assignment of garage and outdoor parkings spaces. In july the Sponsor rent out one of his retained units. Without requesting any authorization he through in a garage space as part of the lease with this tenant. Since the Sponsor was also previously our Managing Agent he had the access code to the garage and just gave it to his tenant who has been using it now for about six months. Here's my question. The Sponsor took possession of the garage without a lease or authorization of the Board of Directors. We have billed him for the going rate for the garage rental retroactive to the July possession and told him that he must pay for the previous unauthorized use and sign a lease or remove have his tenant immediately vacate the garage. Since there is no lease, and since the Sponsor just took the garage without authorization we would just like to have our current managing agent change the code to prevent his tenant access. If he had a lease and failed to pay rent there may be a legal question and perhaps we would need to go through an eviction proceeding. Not sure. But given the fact that he need came to the Board to arrange terms, that there is no permission or lease, would their be any legal problem to just prevent access by changing the access code. Your opinions please
  • My advice? DON'T buy a condo!!! You lose all privacy and independence and are treated like a tenant in your own home, while the board or association acts like your landlord. I will NEVER buy another condo again.
  • We live on the ground floor of one of the three buildings in our complex. The problem we have is that the upstairs neighbors have two young kids ( one is 8; the other 2) and they constantly run all over the apartment, especially the 2-year old. We can't even watch TV sometimes, because the picture keeps moving up and down. These people also entertain a lot, and their company includes kids that do the same as theirs. We must have told them 100 times that this has to stop; most of the times we are nice about it, but sometimes we've had heated arguments. We asked the Board to get involved and to send them a letter stating that they've received complaints from tenants, and the Board refuses to get involved because they claim that they don't want a lawsuit. My husband ended up in the hospital with chest pains from the aggravation (thank God it was not his heart.) I spoke to the man upstairs the following day and he said he would try to control the kids. The day after that, they had company again and I had to ring their bell and tell them to stop the kids from running. We are thinking about consulting a lawyer to force the Board to get involved (by the way all the Board tells us is to call the Police, but you can't call the Police until it is after 10 p.m. Does the Board have the responsibility to get involved as well? We are sure other neighbors probably hear them as well.
  • Marisol,my heart goes out to you! I have the same problem only my upstairs neighbor is a single father of 3 who doesn't work.His kids are 8,10 and 14! They stomp, bang and fight as soon as they get home from school and the father sleeps most of the day and is up all night,He plays loud video games ,banging loud bass music and a loud TV all day. The TV is huge and is on the wall so I hear every sound right in my living room/dining room, I can't watch TV or eat dinner in my own dining room because of this! No one will help me because I rent and so d does the neighbor.He has been talked to many times but doesn't care! He even tried bullying me and screaming at me,I love my unit but I can not live here anymore,I;m sick to my stomach! I wear ear plugs all day when I;m home and watch TV with head phones in my bedroom. This is very unfair,I'm working to pay my rent and support this unemployed bum! I want out!
  • If you have a problem with a the Board or a Tenant,the first step is to send them a certified Letter discussing the problem. In fl.the statutes state that the Board must answer your question within a few days Or they are in violation.You can then send a formal complaint to the state if it involves election issues or misuse of finances.f
  • We are a ground level condo with a 3 or 4 foot crawl space under all floors. In winter, our floors creek in many places, more than the summer. If the floor supports need more support, is this the associations responsibility since there is another condo above us. Would this fall under common elements?
  • I live in a condo complex in new jersey. We are having so many problems with the board, management and the complex lawyer, they are messing with our finance and voting rights Consumers affairs was no help, so we hired our own lawyer and now the chickens are running
  • We are only 4 units we all get along we self manage. Of course there is only one bad apple making living here impossible for all of us. We have neighbors smoking in the common areas, stealing signs because they do not like the rules on them, putting regular garbage in the recycling bins. They have guests using the alternate door as their private entrance they have a carport door they can use and I front door. The problem is they have to pass my windows in the back of the property and I live alone. So I constantly have people I don't know back here and I get frightened . THey use the property as his business contractors here around the property all the time.. Right now we believe he is doing construction without our vote we saw no plans and we believe he is making a separate apartment. Which I believe is illegal considering when I looked at that unit I was told I was unable to make that a apartment and use the alternate door common door for that apartments main entrance. Can anyone tell me what we can do about the illegal apartment? I know for a fact we are able to inspect his unit at anytime but why cant people just obey the laws. That's what everyone signed up for right? If you want to do whatever you want buy a single family home is my suggestion.
  • I live in a Condo. My Husband is the President of the Association and I serve as Secretary. Having to deal with the constant stupidity of some Owner's is what disturbs me the most. Currently, we have an owner with a dog. The owner lets the dog run free, defecate all over...and never picks it up. He was warned. Now, he just lets his dog out on his upper deck to do his "business". This person is a 35 year old able adult. It's not the dogs fault his Owner is an idiot. But the dog will be the one who will suffer...as the dog will have to be removed.
  • my moms condo association made a new rule disallowing owners from renting their units out.My mom was still allowed to rent hers out, because she bought it before the rule and was grandfathered in. She died an willed the home to me and the association claims that I am not allowed to rent it out. I should be grandfathered in because she bought this place with the intention of willing me the property and accompanying rights of ownership that she had. What can I do to avoid fines and liens? How much can the association do to me? I own this outright with no mortgage.
  • Own Condo in Atlanta...a night Mare from Hell. Laws not enforced. Dogs unleased...Dogs staked in Common area. On & on. One HOA pres paid a friend $18, 000 for a Website. Petty Letters, favoritism to Friends. Make the Rules as they go. Outrageous Water bills. Owe more than it is worth. Don't know how to get rid of it... But...it does have Location...
  • We have new management company. For nearly a year and they have done absolutely no repairs or maintenance. When we call, their answer is, Give us time". Never buy a condo.
  • Live in a townhouse ... I call the Board the gestapo for their nitpicking. Had to get Bd approval to put out an American flag on patriotic holidays. Suggest if a person is independent, they do not move into an association.
  • I live in a condo and I have a water and sediment leak coming from the housing where the water pipe leads into the basement foundation. Who is responsible to fix this problem. I was told that I am by the association? However, the building department says that it is the developer/association responsibility if it has occurred prior to ten years of my ownership, which it has been.
  • When I moved to this senior condo village 18 yrs. ago I called the Architectural Control Officer to see if I/we could dig out a foundation garden downstairs fronting neighbor's unit as only sand/weeds grew there and he was very elderly. I was told by all means and was not given a piece of paper or any formal approval. My son and I spent 12 yrs. creating a gorgeous flower garden using shrubs, rocks from the Adirondacks and rocks from my contractor, bulbs, perennials, and annuals, ground covers, and the garden bloomed from March into mid to late November nonstop. My neighbor downstairs (who had lived here 7 yrs. suddenly decided she wanted the gardens (2) as the foundation garden is measured by the By Laws as 4 ft. out from bldg. So what I had was a "common" garden and a foundation garden as we were 12 ft. out. My neighbor was given preference by the management and trustees, and destroyed both gardens, throwing away hostas that were worth at least $50 each. removing and relocating my alberta spruce, removing all the stones, and generally destroying everything as she said she would in the manager's letter IF I didn't leave/abandon peacefully. I was advised by my son to request ADR which I did immediately but was denied as set up for mid July that year, while the manager lied and signed permissions 3 wks. earlier giving my neighbor written permission to take both gardens. NJ Condo Law was violated and I reported it to the DCA of NJ, who told me their hands were tied and that I needed to get the law enforced in our county courts. I did not have money for a lawyer and had begun a law suit vs the association for a seriously bad fall that caused me multiple fractures/dislocation of my left one ankle/foot and required a 5 day hospital stay followed by a 3 mo. nursing home stay in a wheelchair off my feet. I was barely able to walk when I returned to this steep walkup alone. I had no help from VNA with an aide, as always happens after all my major hospitalizations last 12 yrs. I was so engrossed in outpatient pain control and therapy 3 days a week, I had no time to deal with a lawyer nor the $$$ to hire one as I did see several who told me it would cost me $20K to realize maybe a few thousand in damages. So I did nothing. This woman also got a shitzui dog that year which I might add barks thru the open screened windows loudly and often first years for 3-4 hrs. nonstop when she was out. All complaints to management were ignored. When I was told by the Muni Clerk/police I had to sign a complaint for them to issue a fine, I finally did out of frustration (and had a 2nd surgery on ankle following year and another long recovery in a nursing home/wheelchair with daily PT for 3 mo. after I was able to drive again. I am a senior widow living alone independently. I did not have the assets to move out of here and buy another place as my unit is still only worth under $100K, the same price I paid for it 18 yrs. ago. It's been even lower the past 6-yrs. This neighbor also had my swing confiscated/removed from our village (which I had on barren soil I put wood chips on under a tree on our REAR common lawn (not facing into anyone's condo or entry door.) Other owners were allowed to keep their benches and swings putting them in similar areas where grass didn't grown and/or putting paver stones under their bench or swing. I was not allowed and the Board voted as a collective whole and ordered my swing be taken off the condo property. A friend outside the village now has my swing. What is a poor old lady to do? they treat me like a prisoner here. the woman downstairs perjured the Bible in Court (it went that far in my township) about her dog, and about a lot of other things each meeting which covered several years. Then the judge threw it all out!!! Opportunist lawyers all wanted $1500 to represent me for 5 min. in muni court so I represented myself. Now that 6 yrs. have elapssed, do I have any recourse?
  • Hello, I received a letter from my condo association saying that apparently I have the police on speed dial. I haven't called them in 2 months and the reasons I ever did were completely warranted. I called 911 two times over a year period, one being 2 dogs chasing me off my own back patio! I own mine. The president went on the say I would be fined if I contacted the police! I find this appalling and outrageous. Is this legal?
  • I live in a townhouse community. I have been served violations notice each year for things I need to fix on my house. The first one was June 2011. Each year I fixed these items with 1 to 4 months of notification only to have new violations given in May or June of the next year. We are suppose to have a grace period before a fine is charged. However for three years straight I have been charged a $78 monthly fine for not fixing the violations even though I have. When I contacted the condo I was pretty much told the fines would not be removed as long as I keep getting violations (items identified on my house to repair or replace). Is this legal?
  • Are they allowed to go into my condo without my permission. They have a key for my unit and I was told the only way they can enter is in an emergency?
  • Did Jay ever receive an answer to this question? Jay I live in condo that was flooded by Sandy The condo assoc carries the insurance for the structure INCLUDING inside my unit. Now that the insurance amt has been determined the assoc is tell us that they will hire the repair company and pay them directly from the insurance. The amouts are VERY generous and I want all the money so I can hire my own registered contractor. Like they allo 4400 to paint 880sqft . I should get the 4400 directly and not have to agree to the assoc paying that to a painter of their choice HELP anyone give me some info on this
  • Bill Commons billcombo43@aol.com on Saturday, June 21, 2014 12:23 PM
    Our board president will not open to the residents executive meetings.I am to the understanding all meetings including finance,social,building & grounds and executive meetings should be open to observe not to speak until the open session if the committee deems.The only meetings closed would be if their is a pending lawsuit against a resident or a resident is in financial arrears This could be addressed after the meeting. Please respond.
  • I am new on the board and am amazed at how crooked the other members are. The president decided to NOT water the grass or use fertilizer on our grounds for 3 yrs. He has repeated said that he can decide anyhting about the condos. I was under the impression that if a major change-such a new lights -going from $400 lights to $29 lights that were installed by another members company. We didn't need new ones and the owners even set up a petition against the new lights-all this while the grass was totally being neglected. He always has a "buddy" willing to do work around here. The other 2 members do NOT even live here. We are being controlled by slum lords that just don't care. Everyone says he get kick backs. He refused a handicap ramp and we had to get the civil rights of MI involved to get permission.He ignores ADA rights and the management co rep. said he could handle the civil rights and ACLU. I got on the board to get the grass watered and fertilized but everything else is going to the garbage. Does the board have the right to do anything they want? He said he could paint the condos pink if he wanted and I'm a troublemaker. He doesn't even read the contracts he signs and I have found things in the contracts that we were paying for and he thought there was no mention of any of them.
  • Our association hired a roofer to replace our old roof, he in turn hired an A/C firm to relocate the compressor which is on the roof. Do to this project the roof leaked causing damage to our ceiling, walls & hardwood floors. who pays for the damages?
  • since moving into my mt laurel NJ condo I have been consistently harashed by ONE board member who has used hius position and influence on the condo board to fine and hit me time and time again with false suits. Each time NO evidence and its thrown out. why do we allow this communist type of management structure over our homes? these board members run amock with power and pick on home owners until they move. these boards MUST be eliminated and rules given ONLY by the management association we pay our mondo fees to. common individuals should NOT be allowed to lord over others. this system is full of flaws and is so unconstitutional to basic rights !
  • I bought a condo in october 2011 and since, its been the biggest nightmare of my life ! please, stay away from condominium associations, THEY rule your life even as an owner, i wont go through the details but trust me on that one, it feels like your freedom is taken away for good...
  • I recently took in a renter. Did what was necessary contacted the association and then was asked to ask for a parking permit which has been rejected as its not a 3rd vehicle. My garage is full and can't fit another vehicle. Plus the van of the renter due to height won't fit in my garage. What are my options to this situation?
  • I live in a 19 unit condo association which consists of one single family home & 9 duplex units. The single family owner is being allowed by the Board to "disassociate" from the association as a settlement of a law suit brought by the owner. This process has been going on since 03/08 due to the owner dragging it out even though this is what they wanted to do when they purchased the unit. I was advised the Title cannot be divided in associations, so I wonder if this is even legal. DCA doesn't address this situation, so who enforces the Condo Act?
  • i WOULD LIKE TO KNOW IF A nEW RULE MADE BY bod IN 2010 AND i BOUGHT IN 1987, DO i HAVE TO ABIDE BY THIS NEW RULE that was never introduced/discussed or mentioned to me - EVER. That is my question. THANKS
  • Parking! We have one assign spot and others are blank spots. there are condo where 10 people or more live with alot of cars and bring guest on weekend NO where to park shouldnt we have a assigned guest spot?
  • We have been living in the same condo for 21 years. Just recently we have been having problems with the Condo Association where we can not get anything done. We had a leak in our condo last fall. The insurance people came in and looked at it. I was contacted it would be fix. 6 months passed no one came. Then after contacting the condo association the guy finally contacted me. He had a time during the week. I called left a message I work doing the week. They would have to come on a Saturday. It's been a over 2 weeks no response. We have a tree in front of our deck that is huge. We can not get them to cut if down. We have been fighting with them for over two years that we can not sit out on our deck, due to birds crapping on you. We fix the garage door and sent them a copy of the receipt. They refuse to pay us back. They stated we paid to much. That's been over two years.
  • can a condo resident rent out rooms, per weeks, months, acting like hotel, if is not in the master deed..
  • Is the area between the ceiling and the floor above the associations responsibility or the owners
  • can the board raise the monthly maintenance budget exclusively to replenish the reserves?
  • J. Moore in Missouri on Thursday, March 19, 2015 7:59 PM
    Stay away from condo's! Over the 30 years I have lived in my condo, my rights have changed often. I have mentioned I am an ORIGINAL owner and indicated I should be grandfathered in on several matters. The board basically said: TOUGH! By the way, I was the V.P. on the board for 7 years and the best I could do was to stop more of the insanity from continuing. Now, some on the board want to change the condo's into Seniors only. That is not acceptable to many of the unit owners. BUT, the board seems to believe they are above the law—(by-laws). I just hope I can sell the condo before all the changes are implemented. STAY AWAY FROM CONDO'S!!!!
  • What are the rules of a townhome owner running a tax business from their home with clients physically coming there daily.
  • I just bought a condo that was advertised as being a Pet friendly building for owners only, then with my first conversation with the Condo president, I was told that Pets are not allowed at all. I would have never purchased the condo if that was the case, is there anything I can do for this?
  • Our condo has right to first refusal . Also states that consent of owners by a majority over that past 7 yrs the board has done this without owner consent at a cost of neglect maintenance to property and building wwhat and where to start to stop this action
  • In my building of which there are about 70 units plus six other units with about the same number of units in each. We have a sitting area by the main entrance in our building. We sit there as a group of about 5 to 15 people not blocking any ones egress. There was a FEW complaints from residents about this and now the board is going to write a by-law stopping us from eating or drinking in this common area. Let it be known that the area is always cleaned after each use and is never dirty. Can the board just act on this or do they need to bring it before the entire association.
  • I own a condo in North Bergen NJ. I was told that its mandatory by the inspector that we must have a door closer for our apartment door. Is that true?
  • Our association was formed in 2001. My wife and I have lived in our condo since 2001. seven years ago, a previous board began renting part of our building's basement common space to an owner to use as a sculpture studio. Each board since then has continued to rent this space to the same resident year after year for what we believe is an amount far below the market value in our area. The board has never offered any other owner here the opportunity to rent this same space. A single owner is clearly receiving preferential treatment in our 28 unit loft building. I've suggested the board offer the space to all owners in silent bid auction. I've also proposed that the space become an arts, crafts and small project space for all to use as it was prior to this owner first using our building's common space for a year without permission. All my suggestions go ignored. Short of 'going rogue' and conducting my own campaign to get owners attention in the matter, I don't know what to do. The renting owner chases people out of the common areas - not his allotted rented space - and annexes more floor space and wall space that agreed originally agreed upon. He's tried chasing me out of the common area while I was doing a short project.
  • FLYING "OLD GLORY" ? President signs bill freeing homeowners to fly U.S. flag By The Associated Press July 25, 2006 WASHINGTON — President Bush signed a bill yesterday that bars condominium and homeowner associations from restricting how the American flag can be displayed. Sponsored by Rep. Roscoe Bartlett, R-Md., the measure prohibits those groups from preventing residents from displaying an American flag on their own property. H.R. 42 was passed unanimously by both the House and the Senate. "Americans have long flown our flag as an expression of their appreciation for our freedoms and their pride in our nation," Bush said in a statement. "As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens right to express their patriotism here at home without burdensome restrictions." H. R. 42 One Hundred Ninth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six An Act To ensure that the right of an individual to display the flag of the United States on residential property not be abridged. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Freedom to Display the American Flag Act of 2005''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term "flag of the United States'' has the meaning given the term "flag, standard, colors, or ensign'' under section 3 of title 4, United States Code; (2) the terms "condominium association'' and "cooperative association'' have the meanings given such terms under section 604 of Public Law 96399 (15 U.S.C. 3603); (3) the term "residential real estate management association'' has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and (4) the term :member''-- (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association; (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96399 (15 U.S.C. 3603)) within such association; and (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association. SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES. A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use. SEC. 4. LIMITATIONS. H. R. 42--2 Nothing in this Act shall be considered to permit any display or use that is inconsistent with-- (1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. READ ALL ARTICLES
  • I filed a complaint against BOD for not complying or enforcing the Associations rules. Then, I am told bt the Association attorney "that I am NOT TO CONTACT the BOD or management company". Please respond - offer advice and legal step, if any.
  • Our condo board needs to address imporovements and yet is unwilling to make the necessary changes. Sidewalks are in disrepair and decks are falling apart. They (the board) also filled in one of the board members vacancies without any approval by the homeowners and no election was held. Is this lawful and what rights do we as a member of the community have in making our voices heard?
  • My condo board has decided to reside the units in the association not repair the old siding.According to the by laws we need a 66 2/3 postive vote of the owners.There was never a written formal vote with a 66 2/4 percent postive vote.The board took it upon themselves to obtain a bank loan to pay for this again with out a vote..We are now told we have a 6 year assessement whicjh we did not vote on The assessement payment contains interest and principal which if we pre pay still have to pay the interest as if we took the full term to pay .iBELIEVE THE BOARD IS GONE BEYOND LIMIT OF POWERS
  • I live in Georgia and I asked the BOD for a list of the individuals currently on the board and they have yet to give it to me. It has been 2 weeks. Isn't it against the law to withhold this type of information?
  • I live in Miami, I bought a condo 10 years ago. we have had 4 management company's and it just just worse and worse, HOA fees are high hi and i don't know what do to. The place looks like a shit hole. VIlla Grande in kendall. Noone knows what the hell there doing. The president of the condo that was there when i bought went to jail for taking money. I will tell you that place looked beautiful. That's why i bought at $225.00. Please help.. I want the state to takeover the condo. Is that possible?
  • Condo Councils which oversee multiple Associations have contracts with the Associations, allowing the Associations to manage all affairs and activities, and to operate with impunity except for signing contracts with suppliers and setting budgets without Council signature. This allows Associations to operate with no accountability to the shareholders, and run them like Nazi camps. The Associations charge individual shareholders any amount they want for repairs forced on apartments, and render services in their own time. A law needs to be passed that restricts Council with Association contracts to a year or two, while giving the right of shareholders to audit the procedures and bylaws of the Association that manages them, and render recommendations and conclusions to the Council before the contract between the Association and Council are renewed. Without the right to audit, shareholders have no rights to protect themselves from mistreatment or outright ostracization from their condo Association or the overseeing Council.
  • People that rent have more rights than condo owners. Where do we get immediate HELP
  • can a condo board make or even enforce rules and/or regulations that con flick or not in accordance with the NJ condo rules and/or regulations
  • I bought my condo four years ago and can't get any repairs done. I put in work orders for my windows to be repaired or replaced (our association covers windows), my fence which has missing and loose boards, the patio which is in such bad shape it's a safety hazard, A big hole in the yard which is another safety hazard and my porch and side of the house need to be power washed because of mildew. These work orders were put in over three years ago. The monthly association fees have gone up twice and I have had three other special assessment fees with more to come for the next 5 years.. The board hired a maintenance guy that reports directly to them and it seems they are the only ones getting anything done. I refused to pay the last assessment fee of $800 so now they are threating to put a lean on the condo. This is just some of the problems. Do we have any rights? My place is going on the market next week and I will NEVER buy a condo again, it's worse than renting!
  • How can I fight the Condominium by-laws of ruling & regulations that a unit must have carpeting only in the dining room, living room, and bedroom. I had agreed to it without thinking and now the board says I have to remove all of the hard wood flooring. I have allergies and can not have carpeting throughout. When I purchased the unit (not quite a yr ago) there was some hardwood flooring already in the unit so I mistakenly thought it was okay to have it because I also had seen other units within the lake area that had hardwood flooring. I spent so much money on the flooring and now I can't even afford to put carpeting even if I wanted too. The area of my Condo Unit is Village on the Lake Bldg 2 in Elk Grove Village, Illinois. The area has 5 condo buildings and each one is managed by their own Association and their own ruling of the floor covering. Some can have hardwood flooring, and some can have in certain floors only, and the building of my unit cannot have hardwood flooring. My first experience in owning a Condo Unit and I am a retiree. Please help me I am devastated and also feel this is discrimination.
  • samirabouchahda@gmail.com on Monday, September 7, 2015 6:56 PM
    im looking for lawyer to help me to stop the abuse and stoling money of a condo association
  • I live in an association where i have an 8 foot gap in my walkway railings. There is also a drop down into the driveway if anyone ever fell. I have complained about a number of things that they have neglecting. I wrote a negative review about them on yelp last night and now today they emailed my husbands job inquiring about his work vehicle. To me it sounds like retaliation. What are my rights?
  • I live in a first floor condo in NJ, the owner upstairs in very loud, banging dog barking when she is vacuuming, we have complained to the condo association thru the property manager, a letter complaint we sent to her by the property manager, since the latter it has gotten worse, went back to property manager says nothing can be done, do I have any other recourse.
  • A board member has decorated with pictures hanging with nails to the exterior outside brick walls of her unit. I not knowing replaced air condition with a window was told to remove or be fined immediately removed and was fined 3500.00.another has red wood chips in her garden i had red wood chips was told to remove the chips and was fined. Tried to maintain garden, used was told not to use or i will be fined. The biggest mistake i have ever made was purchasing a condo.
  • Part of my response is to Mary Crudele who posted on Friday, August 14, 2015 at 1:20 AM - lives in a Condo in the Village on the Lake, in Elk Grove Village, IL. I live in Wood Dale, IL. I’ve never heard of a HOA having any say over what is inside of your unit. Do you know where it specifically states in the bylaws that you cannot have hardwood floors? Were there any amendments added? What do your neighbors say who have hardwood floors? Are you the only one with this issue? If talking with your board goes nowhere, talk to an attorney. My situation: I own a condo unit in the north suburbs of Chicago, IL. All units have a storage room outside on the balcony. My balcony storage door is damaged and requires replacement. I have reviewed our bylaws and the way it is stated, it is unclear who is financially responsible. I brought this up with the Board, as well as an attorney – both confirmed it is ambiguous as to who should pay for the door replacement. I have done my own research and in majority of cases, if the damage is found outside the owner’s unit, the financial burden falls on the condo association. I know the balcony area is not a common element but it is located outside my unit? Has anyone had a similar problem? Please share your thoughts. Thanks. I found many articles pertaining to similar issues: http://www.prohome1.com/en/blog/multi-family-replacement-windows-and-doors.html
  • For those who interested in what the condominium or housing law actually says in your state, visit law.onecle.com. For example, for NJ association residents can refer to Title 46 Section 8b for detail on association law (8a is for apartment): http://law.onecle.com/new-jersey/46-property/8b-1.html As for me, I have been in a dispute with our association for more than a year now. I had no knowledge of the bylaws until the association tried to assess me for the repair of the water pipe under the driveway (common area). Our bylaw says nothing about who is responsible for that, and the covenants note the unit owner is responsible for what's inside the unit along with specific items that are outside the unit, such as windows, door, and the deck. As the section lists items that the unit owner is specifically responsible, I can't be responsible for the water pipe that goes under the common area unless it's listed there. Upon studying the relevant law however, I noticed there is a loophole the association used against me. I had reported the water pipe issue (low water pressure inside my unit) in April 2015 to the town and the association was ordered to repair it. The manager however delayed the repair until the last minute even though I sent multiple request to followup. Only after the town ordered again to repair with an deadline, they started a flawed bid process for contract where they awarded the job to their preferred contractors(3 different contractors for a job instead of one company who could handle all aspect of the work at much lower cost). In the end they told me to pay over $4000 for the repair( of the pipe replacement only!) I did not understand why they delayed the repair for over a month, but I realized they intentionally delayed in order to make it an emergency repair. The law says association can't put a lien for a labor or material provided without unit owner's consent, except for emergency repair for which it is deemed the association has an express consent. They do know the law and how to use it against unit owners. Good thing I communicated everything over email or text, so I have records showing their nefarious actions - maybe it will help me in the ADR scheduled next Tuesday (7/12). Wish me luck! The relevant section is as following: 46:8B-20. Liens for labor or materials (a) Except as otherwise provided in section 23, subsequent to recording the master deed as provided in this act, and while the property remains subject to this act, no lien shall arise or be effective against the condominium property as a whole. During such period, liens or encumbrances shall arise or be created only against each unit (including the undivided interest in the common elements appurtenant to such unit) in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided that no labor performed or materials furnished with the consent or at the request of a unit owner or his agent or his contractor or subcontractor, shall be the basis for the filing of a lien pursuant to article 10 of chapter 44 of Title 2A of the New Jersey Statutes against the unit or any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common elements, if duly authorized by the association in accordance with this act, the master deed or by-laws, shall be deemed to be performed or furnished with the express consent of each unit owner and shall be the basis for the filing of a lien pursuant to article 10 of chapter 44 of Title 2A of the New Jersey Statutes against each of the units and shall be subject to the provisions of subparagraph (b) hereunder.
  • I live in a community of only 36 units. They are very unique where there is a church,school and rectory converted to condos and then there are 11 brand new town homes. There is a no rentals clause in our master deed but some people have taken on roommates. Are we allowed to know exactly who these roommates are? They are not listed as unit owners.
  • I recently moved into a 55 plus community consisting of 2000 units in NJ. There is a cable company that has a bulk contract with the association, and part of our maintenance fee pays for the community broadcast station. I tried to put my service on suspension for two months when I was going to be away. I was informed that the minimum would be a 3 month period. If less, I would have to pay a $50 fee to reconnect for each service. I was not told this when I purchased the unit, nor when the company installed the cable/internet/phone package. Is this normal? This is not how it works in Flight ride where we also have a unit. Just upset that information is not forthcoming and you only find out after the fact.
  • How about selling your "air space' and getting a real house? I'm doing it. I'm getting a house and you wouldn't beleive who is lining up to buy my "air space". I'm going to do what I want when I want as long as it's reasonably feaseable. I won't be painting my house hot pink, but I might plant want I want to in my yard and not be afraid someone is going to get paid by an HOA to butcher it. I'm looking forward to actually growing grass and letting my dog roll in it. I'm going to put a sattilite dish on my roof, myself! I'm going to let my FOUR little dogs howl and run all over my yard, all together 32 lbs of dog flesh! And I won't miss the neighbors little kid stomping on my ceiling or my other neighbors adult dependent sons smoking whatever outside my bedroom window all night long. Just think, NO CC&R's. NO responsibility for the HOA reserves if your neighbors don't pay their monthly dues and decide to walk away from their property (air space). Be your own boss! No more swimming in a community pool that the neighbors kid had peed in. Get a house. What a thought.
  • Where can you report or go to complain about a foreclosure of a condo due to take place 9 years ago. It is still in process and believe the assoc is renting it out for the last 4 years. Left the condo 9 years ago when it was suppose to go into bankruptcy.
  • What do you do when the Board has created a separate policy of communication for you because they don't want to speak to you? I am supposed to be emailing them on every repair Waiting now on an emergency repair that has taken 19 days to complete and counting.
  • Can a condo board suddenly decide to sell pool memberships to friends of owners and friends of boat owners we have a marina. We have a liberal guest policy but selling memberships to outside people is not beneficial to owners is it legal no resident input was considered
  • Is there a logical reason for a direct vent fireplace not being allowed to be installed In my condominium unit? I will be moving in within a few days and therefore haven't yet spoken with the association manager..I know that the fireplace would consist of only a small vent out to my first floor balcony.
  • I have a condo in FL. My downstairs neighbor complained that me ac was too loud, the unit is outside his property. He had the township code enforcement check it and they did not issue any summons. We also paid an ac repair guy to service the unit and clean it out. Now the president of the board is telling us they can force us to replace a perfectly working unit because the downstairs guy is going to sue them. What should and can we do? I can't afford a new ac unit. thanks.
  • Co op in east meadow also regarding hardwood flooring second level - some people allowed in section two and four and not allowed in section one and three - how do we fight this discrimination of the section board and board of directors to make this fair for everyone
  • I live in a condo in the Columbus, Ohio area. I did not realize when I purchased this condo that part of the community was rented by the builder. We are not allowed to rent (owners) our units unless it is to a relative for only 24 months. All of the rules from animal size to speed limits vary depending on ownership versus rentals. They removed all the trees in our entrance supposedly as the ash trees had the ash borer disease, but not all the trees were ash trees. We had some beautiful blue spruce trees that were also removed. That left my unit subject to the eastern sun which heats my patio to over 200 degrees. I am only allowed to put an umbrella on my patio which does not help a bit with the heat and sun. We were promised replacement trees by the associations, but five years later that has not been done. The rental company blames the association and visa versa. It is a no win situation and I am caught in the middle. I have even offered to pay for the trees with no avail. They replace the owner's yard lights at a cost of $24,000 and the renters still have the old ones. Owners were not ask to approve the lights. I have been told it is so you can identify who owns and who rents, who cares. It is a continuous battle. I am really sorry that I purchased a condo, but as a senior I hate the thoughts of moving again. In the spring, I may just bite the bullet and move to a small house. Buyer beware, do a better job than I did before you put down new roots.
  • Cannot clear up an error made the first month of ownership and it had been TEN years and over $5,000 in late fees and now a January court date because of all of the nonsensical things discussed prior. Missed my first condo fee payment because I️ thought it was included in settlement I️ was only 22. Now ten years later after a stack of email? A lien on my condo ruined credit, a husband and baby and the inability to purchase a house , I️ had to hire a lawyer and they are fighting me . I️ could loose but I have to get someone to st least listen to how ridiculous this is ... Never, EVER buy s condo!
  • never get involved with ANY home owners assoc property the same as here w/condos and co-ops. NEVER.
  • Question: Who elects the president and VP is it the board or the association
  • I live in a condo in Westschester NY we have a super he been here 20 years he doesn't do a thing except empty garbage and maybe vacuum the hall way when the board members ask him to do something he said no how can we fire him also he tell the unit owners to send e-mail to tell them how good he is to our management company . also he very selective what owners he help in the building.
  • I live in a Condo , I would like to know where the money come from to pay the super ? Do we pay fhis salary ?
  • I live in a condo in North Jersey. I received a copy of The By Laws and Master Deed five months after closing, which I requested. Read them and nothing about dogs being left alone on the balcony 'UNATTENDED ". They have hit me with a $25. per day fine. By Laws state that no fine can go above $20. They sent me a piece of paper which states Dogs cannot be left on the balcony unattended. Either I or my wife are right inside, so this does not mean unattended. Can they send a separate note on the regulation if it is not posted in the By Laws or Master deed? Also it says in the By Laws that I have the right to be heard before a fine is sent, but after you get the letter from the Association, they give you 10 days to respond. Fine has already been posted to your account.
  • I live in a condo in NJ on the second floor. After several years of passive-aggressive behavior from tenant downstairs they began harassing me by pointing a speaker at the ceiling and playing low frequency sounds. Sometimes my floors rolls like the deck of a wooden ship. Other times it buzzes like an electric football game. They do do this at night under my bed while I sleep and during the day wherever I stand or sit. They even "troll" me as I am walking. I am deprived of sleep and my nerves are frayed. I have become physically sick from this. The police do nothing when I complain. Never buy a condo.
  • Have they ever complained about excessive noise to your or your association. I am the former owner of a first floor unit and experienced excessive noise from the majority of upstairs neighbors (i.e. kids stomping, playing and jumping, adults running across the unit, constant "dropping" of heavy items, exceeding the occupancy limit, etc.). I wish I had thought about aiming the speakers at the ceiling while I was living there, as these individuals made my life a living hell and were certainly deserving of this treatment. I'm not saying that this is the case with you. Why don't you make a complaint of your own to the condo association. If that doesn't work, just invite a few friends over for a dance party - trust me that will create much more noise that your downstairs neighbors can hope to create.
  • Our condominium association has had almost same board of directors for the past 15 years, only two changes in all that time... hand picked by the board. The treasurer runs the show... to a fault, several residents moved out due to his negative behavior. It is impossible to get exterior maintenance done. We had to pay $700 to get our 30 year old entrance fence painted. Our gutters are a mess and caused a crack in our dining room wall. The street and driveways have not been sealed coated in 15 years. Cracks abound. Help!
  • I live in a con dominion & told the association that the skylights had to be resealed years ago and they kept telling me that they would fix it! In the By-laws the Association is responsible for the sky lights! Also when we got a new roof they forgot to put the flashing on one of my skylights and we had a terrible down pour for hours rain came rushing in thru the wall next to the skylight.. that needs to be fixed also! The roof people could not come and put the flashing on for hours! Now because of all this I have water in my walls from what I understand! Also we had a meeting a couple of months ago and I was told that they would fix what needed to be done and now the President of the association doesn't want to do what they have been telling me for years that they would take care of this! I am 77 yrs. old and I have Cancer & Congestive Heart Failure and also have a lot of stress from all of this! Because I want to get along with everyone! I can't sell until these things get fixed! I just don't have the money! What can I do! What is my recourse ! Could I go to small claims court with this! HELP!
  • Our neighbor has a camera mounted on the air conditioner unit from his bedroom facing the walkway up to your condo watches everyone when they leave come home and at night the camera blinks red light when you are near the area people walking their dogs dont like that having a camera watch them as we dont either he owns the condo and we are renters and he also has a camera mounted in the cellar near his door on the wall and facing the door that leads outside meaning if you happen to use this as an entrance way to your condo when u come home the tenant will be watching you when u come home and when you leave for work if you leave from your cellar area to go to your car rather than using the front door. He is the only one out of all the condos here that have a camera down the cellar or outside on the bedroom ac unit. how is that allowed with the HOA ??? He thinks he owns the place because he owns his condo while we are all renters here??? Is this legal ?
  • no real privacy in a condo. never would have moved in had i known the mental boot camp you're in here. renters are treated as second hand citizens. i not only answer to a landlord, i have to worry about closed door meetings my nosy condo owning neighbors get to have with each other. Good luck, never again will i move to a condo
  • i bought a condo unit three years ago. There is a water overflow from the drain and the sump pump every year. There is only one sump pump shared between 4 unit condos and that is in my half of the prop. In addition to this issue, there are two wet areas close to exterior concrete block basement wall. HOA and real state owner is refusing to fix any of these pertaining issues. 1. Repair or replace shared sump pump 2. Repair outside pavement for proper drainage. Condominium property owner is extremely rude.
  • When you own a condo all you are is your condo association's wallet. You have basically no rights everything is "A board decision" and basically you have to go along with whatever you decide or be demeaned.
  • Sorry meant you have to go along with whatever THE BOARD decides or be demeaned. They enter your unit whenever they feel they have the right too under some "emergency".
  • I live in NJ. I purchased for a new vehicle. My car gets messy because a tree saps. I thought it would be helpful if I had cover the vehicle. My condo rules and regulations DOES NOT say not to cover vehicles, but today management told me I have to remove a car cover.
  • need to know if rules for condo living are altered during this Covid 19 crisis. my Assc Board. wants to do a dye check of our toliet with a two day notice , my son who is a phobic does not want them in the condo, and neither do I. I am keeping a record of where I go and what I do. none of my friends or relatives, including my Granddaughter have been inside of the condo since all the virus started. my window was broken in my car, children throwing rocks, they did not even send me a note saying anything about looking into the matter.
  • I need to secure funding for 24 units of studio apartment standard rental housing (6 units each in four buildings) separate from 6 other units in one building that will be used for transitional housing. Can the non-profit sponsor retain title to all 24 units if create a condominium for the 30 units and give the funding source a mortgage for the 24 they would support?
  • I live and own a condo in a 4 unit condo building. One unit is occupied by the president and treasurer of the Board of directors. I am away for a few months months and gave permission to a dear friend to use my condo for a few days. The president and treasurer flipped out and told my friend she may not enter my condo or they will call the police. I was FaceTiming my friend during this encounter and telling her to go in and not be bullied. The President told me the by laws says that I ask written permission the board for allowing a friend to stay in my condo. Is this ridiculous? Is this a power trip? We have no association, just us 4 units? What should I do?
  • If you plan to purchase a condo unit, demand to know the percentage of units occupied by renters. Renters have rights- owners- not much. I am the owner of my condo unit. The owner of the unit upstairs rented out his apartment. This renter stomped like a maniac at all hours of the night. I don't know if he took substances at night or had somnambulism/sleep walking. Stomper tenant walked normally during the daytime, but at night from 10:00 p.m. until 6:00 a.m. he switched to horrendous stomping at least every two hours. AND- it wasn't only stomping, sometimes it sounded as if he was punching the walls and throwing objects on the floor and against the walls, opening and closing the closet and dresser drawers repeatedly (this was all during the night). We reported multiple times to the owner and condo management company, and submitted about 50 documentations. The owner claimed he spoke to his tenant and the tenant claimed he was getting up to use the bathroom at night. What? The management company asked us to start recordings so we could take it to court. The owner then claimed that I and his renter needed "to work together and make a compromise." The noise did not stop. We purchased an expensive recording device and were about to hire a lawyer but thankfully, but inexplicably, the owner sold his unit to a new owner and the new owner did not renew the stomper's lease. Maybe the owner sold because he knew it was going to court and warned the new owner? I also suspected the owner had some sort of relationship with his tenant.  So, my advice is to document everything and also take video recordings as proof. Also, request that carpeting be installed. We have hard-wood floors. The owner allegedly bought throw carpeting for the bedroom but that did nothing to muffle the noise. It is one thing to walk around in the middle of the night, but our situation was more than only walking. Even if I jumped up and down with heavy boots on, I would not have made as much noise as this guy did.
  • Have lived in a condo unit at Misty Waters Condos in Blountville Tennessee for 10 years. Have got along with everyone here except for 2 old hag bags who think they know it all. Have been harasses to the utmost on nothingness. They hate me and my landladies whom they have battle with before I moved here. I WANT TO FILE A HARASSMENT LAWSUIT---WILL IT DO ANY GOOD? I am 72, have a bad back and cancer-----AND JUST WANT TO BE LEFT ALONE!
  • Good questions but where are the answers