Legal Question in Real Estate Law in New Jersey

Hi,

The HOA associastion where I live over collected funds from each unit owner from an assessment. Does the HOA have the right to keep this money that is not theirs ?

Should the money be returned to the unit owners ?


Asked on 3/26/12, 10:54 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Those funds should be accounted for by the Association. If it was a special assessment, the overpayments may be refunded or put into a reserve account to be used for the special assessment purposes.

Governing documents of the Association should specify how assessments are made, collected, and used. Associations are supposed to provide annual financial reports and budgets to members anyway.

Surely the other owners have the same issue? It should be formally addressed to the Association officers for action or a response.

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Answered on 3/26/12, 8:49 pm


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