Legal Question in Real Estate Law in New Jersey

Re: condominium fines

The answer will depend on a couple of documents, the condo bylaws and regulations. I am not sure whether the condo association can require specific replacements of items which are not common property, especially when there is no allegation that your specific windows are not now nonfunctional. I suggest that you sit down with an attorney and get some solid advice.

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Re: condominium fines

I agree with Bob that the Condo documents control this issue. A careful review of the documents is necessary to see what matters have been left to the Assocaition/Board of Trustees and what authority thyey have to require these replacements and/or to fine people who fail to comply. There are recent cases around the country on the powers of these associations and boards, but the publicity neglects some facts; the most important of which is that when you purchased your unit, you should have familiarized youself with the powers in the Association and Board. If these matters were amended after you purchased, you should have been advised and had the opportunity to vote. If a majority approved them, you need to comply. As an aside, I play poker with several condo association presidents. In one instance, new siding was required to be installed on all units, which many older residents could not afford as it ran tens of thousands of dollars per unit. Yet it was approved and mandatory. To assist, the Association took a blanket mortgage, to make things easier for the residents who could not afford to pay a lum sum. If your review of the documents shows this is a valid and required improvement, you might recommend that the cost be financed by the Assciation.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.