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Frequently Asked Questions Regarding New Jersey Condo Association Laws
As long-standing experts in Condo Association law in New Jersey, Griffin Alexander, P.C. has handled a wide array of complex legal and social issues concerning the obligations of Condo Boards and Unit Owners. If you are a member of a Condominium Association or a unit owner with questions regarding management of a new or existing Association, we encourage you to contact us right away.
The following are some of the most frequently-asked questions regarding Condo Associations:
What is the best way to choose a Condo Association Board?
The selection of a Condo Board should be thoroughly considered, diverse and in compliance with the association’s bylaws and incorporating documents. Typically, Board members are elected through a process outlined in the bylaws. Occasionally, the developer may implement certain rules when transitioning the property from individual governance to governance by a Board. Generally, this transition occurs once there is a certain percentage of Unit Owners.
Are there any state laws governing condominium associations?
In New Jersey, condominium associations are under the authority of the condominium laws found in Section 46:8B-8, et seq. of the New Jersey Revised Statutes. These laws govern not only the creation and establishment of a condo association, but default election and amendment procedures, among many other areas.
Is there a way to amend governing documents if necessary?
In most cases, a change to the governing documents can occur through the amendment process, which is typically outlined in the bylaws. Often, a change to the bylaws requires community-wide notice and approval by a certain percentage of unit owners. In other words, a Community Association Board is generally not permitted to unilaterally make changes impacting the entire property, assuming the bylaws do not provide otherwise.
Are all unit owners required to pay condominium association dues?
The requirement to pay annual dues is found in the bylaws and the Master Deed attached to each property. Ensuring that all property deeds contain a reference to covenants and restrictions is essential in binding current and subsequent property owners, and the absence of such a reference could result in certain owners evading important responsibilities. Working with a condominium association lawyer is the best way to ensure that deeds, bylaws and other governing documents are properly drafted.
What happens if there is a conflict between the Board and a unit owner?
In many cases, conflicts can be easily resolved by discussing the issue with a New Jersey Condo Association lawyer. If this is unsuccessful, the parties may then turn to mediation using a professional third-party mediator. As a last resort, a condominium association can initiate litigation in New Jersey State Court. A Condo Association lawyer can help the Board through this process.
Contact Griffin Alexander, P.C. Today!
If you are a member of a Condominium Association Board or would like to discuss your options under New Jersey condo association law, please contact Griffin Alexander, P.C. right away. Please contact our Randolph, New Jersey office by calling 973-366-1188 or our East Brunswick office at (732) 630-7441 for a consultation.