Legal Question in Real Estate Law in New Jersey
New Jersey Condo Managment Law
Can a New Jersey Condo management company charge a 6 month liquidated damages fee if the condo association ends a managment contract early?
Also, does a developer need a license or certification to manage a condo project they recently built and partially sold. They intend to only manage their own projects.
Thank you.
1 Answer from Attorneys
Re: New Jersey Condo Managment Law
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ANSWER: Your first question depends upon what the contract between the Condo management company and the condo association states about early termination of the contract. If the contract calls for liquidated damages and states that the parties agree that the amount of liquidated damages is a fair and reasonable estimate of the actual damages resulting from the cancellation (and the liquidated damages amount is fair and reasonable), the condo association will most likely have to pay the damages. The condo association should consult with an attorney to see if a lesser amount can be negotiated based upon all factors involved in the situation including why it is that the contract was terminated early.
As far as your second question goes, you need to call the township in which the property lies and the state to see whether such a license or certification is required.