Q I live in a 55-and-over community in Hamilton, N.J. Both our public offering  statement (POS) and our bylaws prohibit commercial vehicles to park anywhere in  our community on an overnight basis. A commercial vehicle has been parking in  one of the residence driveways and in our clubhouse parking lot every day for  the past 25 or so days.  

 I emailed the board, questioning the commercial vehicle parking in our  community. The response from a board member was, "We, the board, have voted to  give this resident permission to park the vehicle in the community until the  end of the month.”  

 Does the board have the authority to circumvent both the POS and bylaws at their  sole discretion? Also, the board previously mandated the removal of another  residents commercial vehicle from community property last year. Also, the  person being allowed to keep the commercial vehicle on community property is a  personal friend and neighbor of a board member. A few of us have filed charges  against the board for violation of both the POS and bylaws and discriminatory  practices with the judiciary committee by certified mail to the board (being  that enough residents have not signed on for the judiciary committee.  

 Your advice would be very much appreciated regarding this issue. Also, is there  a state agency that monitors goings-on of this nature in 55-and-over  communities in New Jersey?  

 ---Concerned About Commercial Parking

A “The New Jersey Condominium Act, NJSA 46:8B-14,” states Hackensack-based attorney Donald M. Onorato, “sets forth the duties of the association and states that the 'officers or  governing board shall be responsible for the performance of the following  duties . . . (c) The adoption, distribution, amendment and enforcement of the rules  governing the use and operation of the condominium and the condominium property  and the use of the common elements . . .”  

 “Members of the condominium board owe a fiduciary duty to members of the  association, and its failure or selective enforcement of certain rules is a  breach of that fiduciary duty.  

 “Clearly, the board in question has decided to selectively enforce the ban  against the parking of commercial vehicles. The board cannot decide that it  will allow a board member’s personal friend to break the rules and seek to enforce the same rule against  another unit owner.  

 “While the New Jersey Department of Community Affairs governs the actions of  condominium associations in a limited fashion, it is suggested that the letter  writer obtain legal counsel and place the board on notice that its actions are  discriminatory and a breach of fiduciary duty. Some board members forget that  they have to place the interests of the association first and this particular  board is placing the association in jeopardy by its discriminatory actions.”