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EllenT3 (New Jersey)
Posts: 7
Posted:
I have a neighbor that feeds and house stray cats (40 or more) in our joint common area. I have to 'fight' with the cars to get to my condo and I ca't deceive the horrific smell in my building thanks to the cats. I have complianed to the HOA board and they advised me to call my town mayor as the lady is mentally sick and they can't do anything even though it is clearly stated in the association hand book that they are responsible for the management of the coming area. I know paying my HOA in NJ is unconditional but is there a caveat that will allow me to stop my payment until the cat situation is resolved.

Secondly, they towed my cars even though they were parked in my reserved packing spots. Their justification is they have NYC plates eventhough I had notified the management that the two cars were mine. Can someone please advise if I can legally stop my payments....
DouglasK1 (Florida)
Posts: 2,046
Posted:
Generally no, you can't stop paying. If you try, it could get very expensive for you very quickly.

If the leadership of your association is not managing it well, your best bet is to get involved and try to elect better ones next election. The main reason why associations are run poorly is owner apathy, nobody wants to spend their time doing the work that needs to be done.

Escaped former treasurer and director of a self managed association.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
If you live permanently in NJ and have NY licensed vehicles you are breaking the law.

Re: cats ~ call your local 'animal control' office and/or code compliance dept. and/or health dept.

if all else fails seek legal advice
EllenT3 (New Jersey)
Posts: 7
Posted:
Thanks DouglasK1 for the response. Can I at least see sue the HOA? The mayor's office told me to talk to the HOA association. I need to weigh all my options before getting an attorney. The cats are driving me insane.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Ellen,

I do not see the cats as being an association problem. You have the same power the association has to seek an end to the problem. Maybe even more since you have an undivided ownership interest in the common areas and the association owns nothing.

The association is way out of bounds towing cars merely because they have out-of-state plates. (I assume that nothing in your declaration states that cars must be licensed in NJ.) The issue of where a car is licensed can become quite complex as it may involve multiple owners, lien-holders, and states. Your association is way out of bounds to sit as judge and jury as to where your cars must be licensed. I would suggest filing a suit in your local small-claims court to recover your costs.

EllenT3 (New Jersey)
Posts: 7
Posted:
Thanks Johnb. One is a rental and the other one my brother's who's away on vacation. Not breaking any laws.
EllenT3 (New Jersey)
Posts: 7
Posted:
Thanks Larry,

I have called animal control and they advised thst since the property is private owned, they cannot take away the cats. I have tried to talk to my neighbour but that is a dead end. My HOA fees includes the maintenance of the common area, so why do I have to continue paying $360 a month and my corridor is a safe haven for stray cats and I have to continuously have scented candles and plug in to kill the bad odor from my hse.
SheliaH (Indiana)
Posts: 6,964
Posted:
I understand your frustration, but the Association isn't causing this issue - the neighbor is. You should also remember that your fees pay for a number of things besides maintenance. This isn't like you're paying and not getting ANY services, and even if that were the case, you still don't necessarily have a right to withhold payment. Before anyone takes that route, they need to check their documents and perhaps talk to a private attorney. Otherwise YOU get sued and wind up paying what you owe, court costs and attorneys fees.

Normally, I'd say sue the neighbor if you can prove her feeding the cats is causing these problems, but if she's mentally unbalanced (which could mean different things to different people), that may not be of much help. Have any of your neighbors also complained about the cats - if so, all of you should go to the next board meeting and demand a better response. It seems to me this woman feeding the cats is a nuisance to the other neighbors and if it's affecting several people, the board has to intervene. Take some photos as well (time and date stamped) - if a lawsuit of some sort ensues, you'll have even more proof to help your case.

Animal control might not be able to cart away the cats, but are there any organizations that care for feral cats? We have an organization like that in Indy and they can set traps to catch the cats, spay or neuter them and then return them to the wild, so to speak. We also have a city ordinance that states that people who insist on feeding stray cats have to pay to spay/neuter them and get their shots - I don't know how effective it is, but you can check with a Humane Society or other animal welfare organization who may have suggestions. It may come down to you applying cat repellent frequently so the cats will at least stay away from your area.

Regarding the towed cars - try sending a formal letter to the property manager (copy to the board if they have a separate address) and explain what happened with the cars. Note the date and time you called the property manager to inform them that the cars were in your spaces with your permission and see what happens. Send it certified, with a return receipt requested to make sure someone has to sign for it. If that doesn't work, see if there's some sort of homeowner association ombudsman or consumer protection division in your area who might assist you.

You may very well end up in small claims court but I think it's easier and faster to try to resolve it on your own before you go that route. And if you have to sue, you'll have evidence that you tried to resolve the matter without going to court, but the Association was unreasonable. You might also want to go to the next board meeting and discuss the matter - it might get resolved quickly and you can also suggest to the board homeowners DO have friends and contractors visit from time to time and they might use those spots with the owner's permission. As long as they're not parking in someone else's space or monopolizing the guest parking, what's the problem?

Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
EllenT3 (New Jersey)
Posts: 7
Posted:
Thanks for the advice Sheila. The whole building signed a petition and the Association says that they cannot do anything. I will take your advice. Thanks again.
KerryL1 (California)
Posts: 14,550
Posted:
With others, do not stop your payments--that could end badly for you!

Calling animal contrail is a good idea.

Sheila gives good advice too about the cars.
JonD1
Posts: 2,350
Posted:
In regards to withholding your common charges my opinion real bad idea.

In regards to the towing of your vehicles file a complaint in small claims court seeking your money back.

In regards to the cats.
After exhausting Board of Health, Animal Control, and the Board I would contact ASPCA and ask if they might assist.

We had a stray cat problem caused by residents dumping their animals when moving.
Our Board decided we could in fact do something. We hired a service to trap and remove them.

This AFTER one resident took it upon himself to trap one cat and while doing so it attacked him!

He and his wife sued and were awarded $24,000. Yes true story.

Your Board has chosen to do nothing rather than they being unable to do something.

Have you attended monthly meetings to express your feelings? How about you all DEMAND something be done?

Good luck....
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By EllenT3 on 10/29/2014 12:09 PM
Thanks DouglasK1 for the response. Can I at least see sue the HOA? The mayor's office told me to talk to the HOA association. I need to weigh all my options before getting an attorney. The cats are driving me insane.

Sure, you can sue anybody for anything. Whether you will win or not is another matter. Even if you win, suing is likely to be expensive so it might not feel like winning. Talking to an attorney will be your first step, they can outline your options. If your whole building signed a petition, are any of the also willing to chip in for the attorney/lawsuit?

Escaped former treasurer and director of a self managed association.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Quote:
Posted By EllenT3 on 10/29/2014 4:06 PM
Thanks for the advice Sheila. The whole building signed a petition and the Association says that they cannot do anything. I will take your advice. Thanks again.

As I mentioned before, the board of directors is an elected body. If enough people are not happy about how they are doing, then you should get together, find some candidates that will better represent you (have you thought about serving on the board yourself?), and elect new board members.

Escaped former treasurer and director of a self managed association.
BobD4 (up north)
Posts: 1,002
Posted:
Ellen : after you figure out whether you are subject to a "HOA" environment net or a "condominium" environment or neither, you need to track down the compliancing sections of whichever. It would be shocking if you had the right to withhold periodic common fees or rent or whatever you are paying.

Some truly disturbing cats have been given the boot in our jurisdiction ( along with $22k in costs in one case ). But - in the Supreme Court - no such boot to one despite total pet prohibition in Declaration of a highrise after 10 quiet years. The Staib cat was discovered merely by chance by a super checking plumbing. But don't try withholding fees.
EllenT3 (New Jersey)
Posts: 7
Posted:
I go to all the monthly meetings, I have written official letters and attached pictures of the lady feeding the cats and tonight she put boxes on the corridors with blankets for the cats to sleep in. Animal control advised that it cannot get involved as the gated community is Privately owned. Her apartment is directly opposite mine so I'm the one who suffers the most. The last time I went for the meeting, the Board told me to call the Mayor! Seriously!!?? I have searched the Internet and it looks like the laws support the HOA but what about the homeowners?
BobD4 (up north)
Posts: 1,002
Posted:
Catnap Boxes in the corridors ? Do you have a fire department or do all owners have nine lives ?
NpS (Pennsylvania)
Posts: 4,216
Posted:
If all else fails:

Write a nice letter to the HOA. Tell them that if they do not address the situation, you will contact the local TV station. See what happens.

While you can't withhold payment, you can let your HOA know that the Press loves local interest stories like this.

IMO, if the HOA is the only authority because you are in a gated community, and you have contacted all public authorities, the Press is your next best option.

Sikubali jukumu. Read all posts at your own risk.
SheliaH (Indiana)
Posts: 6,964
Posted:
Jon mentioned the Board of Health, which is a great idea (I'd forgotten about them). It seems to me this has to be some sort of health hazard they can address. These cats probably poop everywhere and that can attract vermin, the cats could contract rabies and attack some and when they're in heat, there's spraying everywhere and a whole lot of noise. Not only that, if this lady is feeding cats, what's to stop other vermin from joining in (rats, raccoons, possums, etc.) all of which bring in another set of problems.

Nps's suggestion about calling the TV station or newspaper (or both) is also a great idea. I'd also call my local city council representative - sometimes he or she can lean on a city agency to do something. Tell him/her you're also thinking of calling the papers or TV station and that could provide additional motivation.

In the end, I think you and your neighbors may need to consider booting the current board and replacing them because this bunch doesn't sound like it has any backbone. If they sued this neighbor, maybe you'd find out once and for all if she really has a mental health issue or is simply eccentric.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
EllenT3 (New Jersey)
Posts: 7
Posted:
Thank you all for your advice. I'm heading to civil court and I got petitions over the weekend to change the board. Thanks again.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
$10 bag of cat dog repellent and a small fence with a notice of it's application worked for me...

Former HOA President

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