Power Corrupts and Absolute Power Corrupts Absolutely
Homeowners associations must act reasonably and without discrimination against its members in accordance with its “governing documents” and applicable New Jersey law.
New Jersey condominium and homeowners associations are legally required to represent the members of their associations in accordance with governing documents and New Jersey law.
While there are any positive reasons to purchase property within a New Jersey condominium and or homeowner’s association including, but not limited to, sharing expenses associated with the maintenance of common areas/amenities, reduced maintenance responsibilities, uniformity and upkeep of community, and social cohesiveness with other association members, owners of properties located within New Jersey associations should also recognize that they lose some of the freedoms they would otherwise have to the unfettered use and enjoyment of their properties. The use and enjoyment of properties located within New Jersey associations are subject to the “governing documents” of the association (e.g., Public Offering Statement, Master Deed, Declaration of Covenants and Restrictions, By-laws, etc.) and applicable New Jersey Law (e.g., New Jersey Condominium Act, New Jersey Planned Real Estate Development Full Disclosure Act, New Jersey Planned Real Estate Development Full Disclosure Regulations, New Jersey Real estate Full Disclosure Act, New Jersey Real estate Full Disclosure Regulations, and New Jersey Nonprofit Corporation Act.)
The use and enjoyment of properties located within New Jersey associations are subject to the “governing documents” of the association and applicable New Jersey Law.
The “governing documents” of a New Jersey association and applicable New Jersey law impose fiduciary obligations on the board of trustees to act in the best interests of the members of the association, as opposed to the governing board of trustees own best interests. The association must act reasonably and without discrimination against its members in accordance with its “governing documents” and applicable New Jersey law. The actions and omissions of a board of trustees are accordingly subject to judicial review and potential reversal and/or modification if the acts or omissions of the board of trustees was contrary to the association’s recorded “governing documents” and above-identified statutes and regulations. Association members also have the right to demand mediation with their association regarding any “housing related disputes” before either the association and/or any member can appropriately sue one another. If enforcement proves necessary, in certain cases, members may also be able to recoup their attorney fees and costs in accordance with the association’s “governing documents” and applicable New Jersey law.
Please consider calling one of our experienced community association attorneys for a FREE TELEPHONE CONSULTATION if you are either an association member or board member in a dispute with an association located in New Jersey; regarding your property, assessments, fines, architectural guidelines, elections, pets, age restrictions, and any other manner where your board of trustees has either done more than they’re permitted to do or has failed to do what they are required to do in accordance with your “governing documents” or applicable New Jersey law. We can be reached at (856) 627-0100 or hmendelson@davismendelson.com.