Legal Question in Real Estate Law in New Jersey

We bought a townhouse in Bergen county, New Jersey (November 2009).

We very recently found out that the Board of our condo association borrowed $400 000 and spent it in 2009 to replace 2 gable walls at two townhouses. This amount was spent but had not been assessed until now. It appears that the Board had exercised its power to incur this debt on behalf of the homeowners without even notifying them until June 2010.

The Board passed the resolution concerning this assessment/loan/ on January, 2010 during executive session only, again, without announcing the homeowners. It seems that this assessment does not respect the laws and regulations of NJ (violating the sunshine law?).

For us, it is even worse, as we were not owners of the townhouse when the money was spent. Most of the repair work was already done when we moved in November 2009 (it seems construction started already in April 2009 (one gable wall was already done and it was close to 50% done for the other unit when we moved in).

Are we responsible for this assessment as it concerns work done before we purchased this townhouse?


Asked on 9/07/10, 2:00 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

That does not sound right. The Board must follow its own rules (Bylaws) and must follow NJ state law (statutes). I would need a lot more information, but it seems pretty clear that you have been harmed by the Board's failure to disclose. The seller should have paid all or at least part of this assessment. Did you get the Condo's financial statement before closing? did it list this debt?

I would need to see the documents, Master Deed, Bylaws, the documents when you bought, and then give you some advice. This is complex stuff. But it looks like you got shafted here.

Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 9/13/10, 6:38 am


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