Due to illness and loss of employment I moved in with a friend and rented my townhouse in order to be able to make the mortgage payments and HOA fees. I was not able to pay the fees for a while and the association placed a lein on the property and made the tenant give the rent check to them and are demanding that my fees are paid a year in advance. Their attorney's office said that I could submit a repayment proposal that would be discussed at their meeting on May 15. Since they received the rent checks for the past two months and a check from me I am no longer in arrears and have a credit toward the advance payment. The issue was not addressed at the meeting because the lawyer said they did not have my proposal, which is not true.I just spoke to their lawyer and she said that she forwarded it to them twice. The association manager refuses to take my phone calls or to return my calls and plans on taking the next rent check since the next meeting is on June 19. My tenant is afraid to give me the rent check because she was told she was told she would be in a lot of trouble because there is a court order, also untrue. I depend on the rent check to pay my mortgage and am now about to go into foreclosure. Can they demand that I pay a year in advance in full before I can collect the rent?
State/Country relating to question: New Jersey
I tried sending letters to their attorneys and to the association. I'm not eligible for legal aid. The attorney is very reasonable and sees no reason for me to not be paid but the association manager goes right to my tenant and demands the rent check and has her afraid to pay me.
Good morning. The association and its manager are acting outside their authority and need to be spanked. In this situation, an owner such as you would typically send a letter....by certified mail....to the association, the board members, and the manager detailing the situation and demanding they stop demanding the rent from the tenant. The letter would inform them all that if this is not remediated within a short specified period of time, the owner will have no choice but to file a suit naming the association, the manager, and each board member for both actual and punitive damages due to the bad faith of the manager and gross negligence and callous disregard of the association and board members for their lack of control over the management. This is usually all that is necessary, but if not, file the suit.
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