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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 91941
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Hello there! Again! :), I have more questions regarding the

Customer Question

Hello there! Again! :), I have more questions regarding the situation with my association. I was able to find an attorney that is willing to help me with this matter but they seem really slow to respond. They are guiding me through the process of handling this case on my own.

The Association, prior to the deadline set by the arbitrator filed paperwork with the Chancery Division and I filed a Counterclaim on the basis that they filed the motion prematurely, and on the information you provided me with earlier. My attorney also used the doctrine of equitable waiver and laches as a defense. I followed up with court and the case has been moved from the Chancery Division to the Law Division. I'm being told that there is a discover period of 150 days.

My questions. Why would the case be transferred to the law division? Is there something additional that I should be doing during this period?

I'm sorry, but I've contacted my lawyer about 2 weeks ago and haven't received a response. I use the information you provided me with to bring to her attention and I'm hoping to do the same again.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Hello again. Thank you for coming back and asking for me.

The Chancery Division hears only questions of equitable relief and not monetary damages, so somewhere in here money damages must have been asked for and if they were then it was moved to the law division.

Since there is a discovery period of 150 days, you are now free to send your Interrogatories (questions you want the other party to answer and provide you information about) and Request for Production (request for them to produce documents to you) and also once you get your interrogatory answers and requests for production, based on those, you would even send them a Request for Admissions (a list of factual statements you want them to admit or deny). This is what you need to be doing during the discovery period and they have 30 days to answer each request you send them.




Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Customer: replied 1 year ago.

They were requesting that I pay the amount awarded to them by the arbitrator. I sent them a check only for my association dues, and wrote for association dues, but they returned the check to me. I was then that I found out they filed a claim with the court, I in turned filed a counterclaim.


Should I be very detailed with my questions? Sometimes I feel bad for the attorney because when i'm being detailed, I send write a "book" for her to read through.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for our additional information.

This is why they moved it over to the law division, there is a money demand in the case.

You should be detailed with your attorney, but try to do it in numbered bulleted paragraphs with only one fact per paragraph and try to limit each bullet to no more than 2-3 sentences, this many times helps people limit what they say while providing the details to their attorney (that is what I try to make my clients do and sometimes it works and sometimes it does not work).
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 91941
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Once again, Thank you. I will always come back to you with questions as you are very knowledgeable and clear in your explanations.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much.
Customer: replied 1 year ago.

Guess who have more questions for you Cool. Just a brief update, I had to go to court and the judge said that unless the arbitrator committed a fraudulent act the judge will have to uphold the decision of the arbitrator. However, I now have the other unit owners getting involved and I have a meeting scheduled for Sunday.

 

What the basis of the meeting is about is any concerns about the association that the unit owners have. The timeline of events are as followed:-

 

In September of 2012, the President of the association claims that she had given a special assessment notice to all unit owners about the repair of my roof, although the other unit owners state that they did not receive notice of any special assessment. I forgot to mention that the special assessment was due on November 1, 2012.

 

In January of 2013 a lien was placed on one of the other unit owners property. The lien was for past due association fees, late fees, legal fees, and accelerated fees. No where is there an indication of any special assessment. Also, his late fees were not compounded but mine were.

 

In February of 2013, the current President in arbitration swore that all unit owners had received notice of the special assessment and are responsible for paying their portion of the special assessment, later (July 2013) in court she swore to the validity of her statements

 

My questions are:-

1. Are these enough grounds for myself and the other unit owners to have the president immediately removed from office so that we can investigate this and the other concerns of wrongdoing that the association president has been doing?

 

2. I received a letter from the president directly, although her boyfriend/property manager signed her initials to the letter, stating that No one knows about what has been transpiring between myself and the Association and if I throw any dirt on them to the other unit owners there will be a huge blow-back on me. I consider that to be a threat and should they follow through what should my recourse be?

 

3. I would like to have an audio recording of the minutes of the meeting but I suspect the president may not want to have it recorded, so if the other unit owners agree to having the minutes recorded and the president disagree, can I still have an audio recording of the meeting?

 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your update. The judge is right about overturning arbitration, as the courts can overturn arbitration on only very narrow grounds.

If you have the proof the president did not take proper actions and lied about them in court, then you need to consult the bylaws about the removal process as this is legal basis to remove them from office, but it has to be done in accordance with your bylaws or you have to call a meeting of the members specifically to vote on the removal of the president.

2)They cannot stop you from making true statements about them and if they retaliate against you for doing so then you would have grounds to sue them for the retaliation and possibly under the Anti-SLAPP law (which prevents someone from punishing you for exercising your right to free speech on an issue you have legal rights to raise).

3) You can make a motion on the floor to record the meeting by audio recording and if the members vote to do so it can be done and if the president still refuses, you can look in your bylaws as far as getting a vote to remove her from office.
Customer: replied 1 year ago.

The only thing that I see that may be an issue is, any special association meetings being held need to be made to the board and the board will determine if they will call a special association meeting. The President is the only member on the board, which is what she detailed in her letter. I'm using this information because it is the most solid information that I have because to date, she has refused to provide me with the documentation that I have been requesting and throughout this entire process, the arbitrator and the court have not requested that information from her.


 


At this meeting, I was going to request that she steps down voluntarily and if she refused, schedule a meeting within most of the rules of the association. She will never approve to have this meeting.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If she is the only member of the board and refuses to call a meeting and there is no provision for members to call a meeting in the bylaws, then I am afraid you and all of the members together would have to sue in court on behalf of the association (meaning an attorney is mandatory) to remove her based on her breach of fiduciary duty and harm she is causing to the association.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 91941
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Not exactly what I wanted to hear, but what I expected. As always, you are the best.


Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much.

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Law Educator, Esq.
Law Educator, Esq.
Real Estate Lawyer
91941 Satisfied Customers
Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.