Small condo problem: facing a lien for nothing

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I am an owner of one unit from small 9 unit Condo Association in West New York, NJ. One lady own 3 apartments and consider herself a President of Condo association and manager simultaneously.

She is charging 25 bucks from every door every month for the management. Bylaw says that Board of Directors shouldn't charge money from association for their work, but should hire manager instead - so she probably "hired" herself, no contract, I am positive.

For 5 years we didn't have any meetings. Condo Association was not working at all. I couldn't get any financial information from her, no budget, nothing. Bylaw is totally violated here.

In January 2009 she raised monthly fee from 200 to 225 dollars. I refused to pay increased fee until she provided me with proper documents on this increase (proper procedure , budget, plan, financial and meeting of board of directors). This is to let her know that it is a time to bring all situation in accord to Bylaw.

Meanwhile, I am paying old price (200) every month, and requested her for the documents on the $25 increase, as well as all financial documents. I even hired a lawyer to request documents.

I have got no documents. Instead, I have got notice about lien, as I am not paying fees. She is not cashing my checks. I have send to her layer all my bank statements and repeated my requests on fee increase documents. Her layer told me that I am in a “bad standing” and “have no rights anymore”. No documents for such a bad person will be provided. And he is proceeding with the lien.

At the beginning, my lawyer told that we are 100% wins the case. Then, after the phone conversation between lawyers she recommended me to pay 225, and refused to protect me in the court, if they file a case against me. She told that, despite of evidence that I am right I may lose my case and face foreclosure "because we are in Hudson County” – everything could happen here. My manager’s lawyer serves as a judge (!!!) in North Bergen.

We ask another layer, and being told our manager's layer usually behave like a gangster, intimidating people. He already sited for misconduct by bar association. But, unfortunately, he still serves as a judge.

This situation is ridiculous and unbelievable. We do not know what to do.

1. If they file a lien against us, will anybody listen us? We have bank statements that we sending money every month and all our written requests for proper documents on increase. Will court count on this?

2. Can somebody be a President (or member of board) of condo association and paid manager? If yes, shouldn't this person have a contract with association? Can this person sign contract that hiring itself?

3. What if we do not have association at all? It was not alive for many years? Seems like most of owners do not want to participate, they do not believe that we can do something against the will of our lady manager.

4. Should I pay 225? Then what? Illegal situation will last forever? I do not have extra 10K to invest in our situation. How to protect myself without spending that huge money? I am an honest person, paying all my bills and all credits. I just do not want to live without a law anymore.

Please, help with information.

Desperate owner.
Thank you

jheard · Posted: Mon Oct 19, 2009 7:54 am Post subject:

You need to pay the full amount of the assessment. The rest is up to the bylaws. Ask your lawyer these questions.

mtararukhina · Joined: 19 Oct 2009 Posts: 2 1.00 Dollars($)

Thank you for answer!

Bylaw says that 30 days PRIOR to price increase we should get a documents from our Board of Directors (by mail) with budget and calculations, that confirm our needs to increase price.

So i do not understand why should we pay? Nothing provided. And this is second fee increase without any documents.

Bylaw does not require us to pay in this case. So we are not paying 225, because there were no "legal" increase was done. But we are paying 200, as before. Is something wrong with Bylaw?

Posted: Mon Oct 19, 2009 10:37 pm Post subject:

As Jheard suggests, you will have to contact a real estate attorney and take his opinion in this regard.

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