Legal Question in Real Estate Law in New Jersey

Maintenance fees were raised two years ago due to owners not paying their fair share. Currently, most owners are paying but our fees haven't been reduced. The board is obstructing my requests for financial records and I complained to DCA but they are lax in their duties and only care that the Board handed some documents to me. They refuse ADR, so I followed up with an attorney, but they ignored the request for complete financial records from him. I know that only a court can compel them, but civil court is lengthy and expensive. My ultimate goal is to subpoena the financial records for audit, so is it valid to want to I file a complaint in small claims court for overpayment of dues on the grounds that they have not reconciled our finances to general accounting standard?


Asked on 5/10/15, 2:07 am

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

You are correct that civil court can get expensive. Unfortunately, at this point, that may be your only solution. Small Claims Court cannot give you the relief you need, which is forcing the HOA to give you the documentation for your audit. You will need to retain a good attorney in your area who is familiar with homeowner association laws and general civil litigation practices.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner

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Answered on 5/10/15, 6:36 am


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