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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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We own a Condo in New Jersey with 45 units/ There is a women

Customer Question

We own a Condo in New Jersey with 45 units/ There is a women who is harassing to of our friends there. She breaks the rules, sends e-mail with threats, is trying to extort money from one man, ha poured soda and water on a group sitting outside. We have had the police from Ventnor, NJ several times and the have done nothing. but make a noteof the disturbance/ Once they took her in custody, but she was out in no time. She hangs note all over the property with slanderous letters,which is also against the condo rules. What can we do?
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn of this situation.

The Condo Ass'n should be taking efforts to enforce the rules (i.e. levy fines against her) as dictated by the by-laws/CC&Rs or other governing documents.

If the Condo Ass'n refuses to, or is unwilling to, enforce the rules, you have a right to sue the Ass'n for failure to enforce the rules.

(You may also have a right of action directly against this individual under your by-laws or governing documents for "independent enforcement" - but in general, it is more common for homeowners to sue (or at least threaten to sue) the Ass'n to get them to act as they should).

Short of filing a lawsuit, you can try to mediate the dispute with the Condo Ass'n board - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

Customer: replied 11 months ago.
We are the Assoc it is our money we would be suing for because she will not pay
Expert:  CalAttorney2 replied 11 months ago.

You need to do this.

Most Associations include an "attorney's fees clause" (also known as a "prevailing party clause" or similar clause) in their governing documents that will permit you to recover your attorney's fees when you win - but the Association does have an obligation to enforce the rules (this is part of your operating expense).

Customer: replied 11 months ago.
I am not going to pay $52. as this data we already knew. But I will discuss this with our boArd. Thank u for your help, if they agree we will agree
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

While I am certainly disappointed that you are not going to compensate me for my time, I will certainly send your question on to our Customer Service so that they can assist you.

I wish you the best of luck.