Legal Question in Real Estate Law in New Jersey

Re: conflict of interest in condo

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Answer: His financial interest as a realtor is in gaining commissions from the sale of the condos. Whether his holding a position on the board is in conflict with his selling condos in the complex is not clear. This would depend upon many factors, including what the ByLaws and Regulations of the condo association state. I am sure that the President cannot vote by himself and "find some excuse" to fine an owner without going by the condo association rules. No lien can be placed either without him having gone through proper legal channels. If the realtor attempts to place a lien on property owned by someone, he needs to have a legal basis to do so. Without that, the owner would have a defense to the lien being placed. Despite what I have said, you do raise important concerns. You should review the condo association paperwork and bring these issues to the board's attention at the next open meeting. I hope this answer helps you.