Legal Question in Real Estate Law in New Jersey
Window Shade Harrassment
Live in townhouse. Installed dark shades hanging on windows, received notice from HM Association to remove (must be white or neutral) IAW bylaws. Never received bylaws when I moved in two years ago. Spent considerable money on them. Replaced them new white shades. Now a year later, other homeowners have dark shades and other violations IAW bylaws and the Association seems to be looking the other way. When questioned, Association says they sent out notices yet nothing has been done. I questioned homeowners with violations and they said they never received notices. This has been going on for 1 year and half. My next door neighbor is on the Association board. I feel I have been unjustly picked on because she lives so close. What legal rights do I have about the fact I feel that I am being singularly harrassed because I happened to be living next to a high ranking official in Association? My complaint I feel is justified.
1 Answer from Attorneys
Re: Window Shade Harrassment
Unless you can establish you have been unjustly singled out for treatment different from other owners, you would have a difficult time trying to make a case. You have been technically violating the by-laws, and you somewhat voluntarily agreed to correct the situation. You might have a damage claim for the cost of the drapes, if you could prove discrimination in treatment. Is the cost worthwhile? Perhaps you should go to meetings of the association, inquire as to the difference in treatment and see if you can negotiate some settlement. Remember, however, you are part of a "community", this is tantamount to a "political" situation, and that you have to live with your neighbors. Maybe, you should try to get on the association board, to level the playing field.
Walter
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