Legal Question in Real Estate Law in New Jersey

Re: marital law/condominium by-laws

I find it interesting that someone tries to skirt a law or regulation in some way and then feels that he is being treated unfairly when another law or regulation prevents him from exercising a right that he could have exercised if he had not skirted the other law or regulation. Do you see my point? Either you are an owner or you are not an owner. Your status as having a "marital interest" in the property is between you and your wife. This does not mean that the rest of the world recognizes your interest.

Look at it another way. If there was a judgment entered against you alone, you would likely assert that you do not own the condo and thus the creditor could not place a judgment against the condo. And you'd probably be right. I think the condo association is correct. You do not own the condo; you are not on the deed. Your marital interests have nothing to do with that. Therefore, you cannot be a member of the Board of Trustees.

Keep in mind that this advice is given based on the little bit of information that you have

provided in your question. My advice may change based on other information. Further, no one

can rely on advice from an attorney who has not been retained. You cannot rely on this advice

because we have not personally met and you have not retained me as an attorney. Good luck! Rob Gleaner