Your Homeowner’s Association is there to protect your property rights as a member of the Association, not the Association’s Board of Trustees or management company

In New Jersey, Homeowners Associations are governed by elected Boards of Trustees who have fiduciary obligations to the property owners within the planned real estate development managed by the Association. These Boards of Trustees often hire management companies to help them manage the day-to-day affairs of the Association; presumably for the benefit of the property owners/members of the Association.

Sadly, however, this fiduciary obligation to the members of the Association is sometimes breached by the governing Board of Trustees and/or management company for the Association to the detriment of the very people; the community’s property owners/Association members, they are supposed to be serving and protecting. The actions and omissions of a Homeowners Association should be enhancing the value of properties within the community while enhancing the quality of each homeowners use and quiet enjoyment of their individual properties, as well as the “common areas” located within the community maintained by the Association. Excessive fines, unreasonable assessments, discriminatory enforcement of rules, and mismanagement of association funds are some of the more common issues Davis & Mendelson has been called upon to address on behalf of clients dealing with their Associations. Association members should also recognize that many disputes involving their Association not only should be mediated before anyone resorts to going to court, but in certain circumstances, New Jersey law requires that same be mediated before either party can pursue litigation. Association members should also recognize that, in certain circumstances, New Jersey law also provides for an award of attorney fees incurred by the Association member due to the actions and omissions of the Association; in those cases, the Association is required to reimburse the Association member for at least a portion of the attorney fees incurred by the Association member.

You should accordingly consult with a competent and ethical attorney if you are a member of a Homeowners Association and have any issue with your Association. Davis & Mendelson would welcome scheduling you a free consultation with Howard Mendelson, Esquire; an attorney who has represented Associations and, who for the past 30 plus years, has also been representing property owners and Association members for issues with and claims against their Association’s Board of Trustees and/or management company.