Legal Question in Real Estate Law in New Jersey

Hello, I hope you can help. I live in a condo in NJ and my association is charging me various fees. I have been paying maintenance fee regualry for the maintenance of the the area but now they are asking all residents to pay up for road repair. They recently paved the road and now they are saying they have run out of money and want all residents to pay $250 and that this is mandatory. Is this legal I mean how can they charge us this extra fee on top of the condo fee that we pay monthly. Another thing that is bothering me is that I am planning to rent out my condo and they are saying I have to pay them yearly fee of $350 for keeping a tenant. I asked them why are they charging me and they said "The Association has in place a legally filed Resolution for Landlord/Tenant with the County Clerk�s Office. The Tenant Fee is part of the Resolution�s Rules and Regulations for the Associaition". I asked them for a copy of this and they have no provided this to me. Can they charge this fee? Is this legal? Property Association is Midlantic Property Mgmt based in Highland Park, NJ. Hope you can help


Asked on 12/02/10, 6:32 am

1 Answer from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question.

The short answer is: maybe. It depends on the terms and conditions of the condo's governing agreements and documents (e.g., the association agreement, bylaws, etc.). They need to be reviewed. Members/residents typically have the right to at least view and copy such materials. Please feel free to contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

With best wishes,

Barry F. Gartenberg, Esq.

Please visit my website!

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Answered on 12/07/10, 6:44 am


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