I need help!

To whom ever is reading this,

I live in New Jersey in Village Commons. I lived there for 4 years and have seen a steady decline in the up keep of my village. Each year we get slammed by a special snow assessment between the ranges of $22,000 to $28,000. We have sidewalks that are raised, decks that are unsafe, pot holes in our drive-ways, poor drainage that causes ice, rotting siding, buildings that need painting, and the list goes on. Yet nothing is being done about it and they just raised our monthly dues from $235.00 to $270.00 a month.

Do we have any rights to vote out our board and our management company?

They tell us the meetings are on a certain day and time yet they do not have any minutes available online or when requested to find out what is happening within the village. Two years ago they were speaking about replacing the driveways and getting everything repaved, which has not happened yet.

When I was getting my floor replaced I noticed water getting in on the sub-floor when it was raining outside. I called the assocaition and they sent out a guy to assess the situation. The siding needs to be replaced because it is letting water into my house and possibly ruining my subfloor. I contacted the assocaition and nothing has happened yet and three months have gone by.

Essentailly what is happening is they are devalueing the resale value of all the properties.

What do I do?

Do I call and complain and have the association keep raising the prices of our monthly dues?

Do I get a lawyer? which is going to cause me and the association money in the long run?

Is there a company I can call that can help the homeowners to restore the value of our properties?

Here is a link for New Jersey State Statutes:
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=281874772&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

Here are some of the statutes which cover condominiums with regards to insurance and records available to homeowners.

New Jersey Permanent Statutes Database

TITLE 46 PROPERTY

46:8B-14. Responsibilities of association

(d) The maintenance of insurance against loss by fire or other casualties normally covered under broad-form fire and extended coverage insurance policies as written in this State, covering all common elements and all structural portions of the condominium property and the application of the proceeds of any such insurance to restoration of such common elements and structural portions if such restoration shall otherwise be required under the provisions of this act or the master deed or bylaws.

(e) The maintenance of insurance against liability for personal injury and death for accidents occurring within the common elements whether limited or general and the defense of any actions brought by reason of injury or death to person, or damage to property occurring within such common elements and not arising by reason of any act or negligence of any individual unit owner.

(f) The master deed or bylaws may require the association to protect blanket mortgages, or unit owners and their mortgagees, as their respective interest may appear, under the policies of insurance provided under clauses (d) and (e) of this section, or against such risks with respect to any or all units, and may permit the assessment and collection from a unit owner of specific charges for insurance coverage applicable to his unit.

(g) The maintenance of accounting records, in accordance with generally accepted accounting principles, open to inspection at reasonable times by unit owners. Such records shall include:

(i) A record of all receipts and expenditures.

(ii) An account for each unit setting forth any shares of common expenses or other charges due, the due dates thereof, the present balance due, and any interest in common surplus.

(h) Nothing herein shall preclude any unit owner or other person having an insurable interest from obtaining insurance at his own expense and for his own benefit against any risk whether or not covered by insurance maintained by the association.

(i) Such other duties as may be set forth in the master deed or bylaws.

(j) An association shall exercise its powers and discharge its functions in a manner that protects and furthers or is not inconsistent with the health, safety and general welfare of the residents of the community.

(k) An association shall provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation. A person other than an officer of the association, a member of the governing board or a unit owner involved in the dispute shall be made available to resolve the dispute. A unit owner may notify the Commissioner of Community Affairs if an association does not comply with this subsection. The commissioner shall have the power to order the association to provide a fair and efficient procedure for the resolution of disputes.

46:8B-16. Authority, rights of unit owner

(d) A unit owner may notify the Commissioner of Community Affairs upon the failure of an association to comply with requests made under subsection (g) of section 14 of P.L.1969, c.257 (C.46:8B-14) by unit owners to inspect at reasonable times the accounting records of the association. Upon investigation, the commissioner shall have the power to order the compliance of the association with such a request.

Chris:

While I understand you concerns it would seem to me you lack the minium amount of knowledge to determine whether the Board is acting in a responsible manner.

As to the costs of snow removal I live in NY and over the past two years we have had significant snowfall which in most cases would require additional funds to cover these increased costs. Where else would the Board come up with those funds or would you rather the snow not be removed?

As to the questions you have regarding the blacktop this sort of project would require in most cases enormous amounts of money. What is the financial condition of your property? How many owners are not current in their dues payments? How many units make up your property? Do you have a reserve account?

What are the current values of your property? Have they increased in value over the last few years?

Like many properties your property may be having financial difficulites due to the downturn in the real estate values, people going into foreclosure, people filing bankrupcy, and ever increasing costs to maintain or repair an aging property. How old is your property?

My suggestion take the time to become involved. And please understand IF your property is haviong financial troubles like many others simply deciding to remove the Board and MC in an attempt to resolve those issues would be useless.

Take the time to get involved and ask for information. It is YOUR property so it is YOUR responsibility to make sure what is happening and what might be done.

Remember no one cares for your assets better than you. If you have some notion there is some group or agency that will do this work for you you are kidding yourself.

Good luck.