Legal Question in Real Estate Law in New Jersey
Condo Association Playing Games
I own a condo and the association consistently posts my payments late. I have proof from my bank of when the payment was mailed (online banking). So I am pretty sure I'm covered, but wanted to check here... Meaning, the check would be mailed weeks before it was due, and then the association's management company would hold the check and try to force me to pay a ''late fee'' -- I am up to the point where I have several hundred dollars in ''late fees'' and ''legal fees'' on my ''statement'' -- however, I'm able to prove that all payments were mailed BY THE BANK (Thank God for online payments!!!! Or I would be in big trouble) with plenty of time to get to the association.
I have sent the association's management company several certified w/RR letters and they have ALL gone unanswered (asking to speak with somebody to resolve this issue).
I believe the reason they are doing this is because they (the association) engaged in actions that were not permitted (according to our by-laws) and I called them out on it.
What is the proper venue and or method to deal with this? Small claims? What would I sue for? I don't want money from them -- only for my account to be corrected.
1 Answer from Attorneys
Re: Condo Association Playing Games
Eventually this will probably wind up in Court anyway, either initiated by them (to collect) or by you for a Declaratory Judgment that nothing is due. I suggest you take the initiative, in the Chancery Division of Superior Court, for the amount of the charges, plus court costs and legal fees (if you use an attorney). I would probably add Counts to the Complaint for harrassment and possibly for punitive damages for violating the By-Laws. Be sure you have all of the documentation to prove timely payment.
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