Legal Question in Real Estate Law in New Jersey
Association Fee Mishap
I paid my annual condo association fee 8 weeks prior to the New Year and the check was cashed by the associations 3rd party handling the account. Two months later I receive a letter stating that I'm late in paying the fee & that I now owe a late charge as well. They disclose in the letter that they realize they changed the address of where the payment should be sent and that if I make payment now I will avoid the late fee. I replied showing proof that it was cashed by the original 3rd party however they are requiring that I still send them a 2nd check to avoid the late charges and that it's my responsibility to recover the money from the original 3rd party. A similar situation occurred the year before as well and it took us a month driving back and forth from their offices to clear up a mistake that they had made. Am I responsible to correct this? I don't feel that I should waste my time & money to correct and error they made, but if I ignore the situation: 1) I will be considered late on my fees. 2) They will threaten to tow my vehicle(s) from in front of my condo. Can I prevent them from doing this? What are my rights? Is hiring a lawyer worth it and can I sue them to pay for the legal fees if I do retain a lawyer?
1 Answer from Attorneys
Re: Association Fee Mishap
Did the Condo Association give written notice of the new address before the payment was due?
Are other owners experiencing the same problem? If not, why not?
If not, you should write a letter to the Association, with a copy to the "3rd party", who I assume was the management company engaged by the Association the previous year, and authorized by the Association to receive such payments.
Send the letter both regular mail and certified return receipt requested. In the letter, say that you were not given prior notice, that you sent the payment in time and according to the last information you had, and since the Association acknowledges that id did not give notice, that the association and the management agent or other third party should work it out between themselves.
Keep copies of all written communications, both to and from you, as well as detailed notes of any telephone or other conversations you have with the Association or its officers. Write down the date, time, name of the person you spoke with, and the substance of the conversation.
If the Association does not respond to you, you may have to engage a lawyer. I don't know if you will be able to recover your legal fees. Generally, such fees cannot be recovered, unless there is a provision in law or in your condo documents that permits it.
If other owners are having the same problem, you may bank together with them to hire legal services.
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