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Damien Bosco
Damien Bosco, Attorney
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We are a 7 bldg condo duplex(14 unit owners) in Ortley Beach,NJ.

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We are a 7 bldg condo duplex(14 unit owners) in Ortley Beach,NJ. We were destroyed by Superstorm Sandy. We voted to demolish and rebuild. We each have to put in an additional $20,000 because flood insurance was not enough.the board has explained exactly what is needed. We can not sign the builders contract until we can guarantee the money. 5 unit owners will not pay. A lien is not good enough so can we take them to court and sue?

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 year ago.
Hi and welcome! My name is XXXXX XXXXX I will be assisting you. I am happy to help.

If there was a vote pursuant to the bylaws to demolish and rebuild and a "special assessment" was determined for the capital improvements, then the unit holders must abide by the vote.

As you probably know, bylaws are the governance of the association: voting rights, obligations, how expenses are determined. Then you have rules and regulations. Those are the governing documents detail what the association directly controls.

Extraordinary expenses usually include capital improvements and the board has to get the approval of the unit owners. It varies depending on what their governing documents say.

The New Jersey Appellate Division has restated a basic rule of condominium and homeowner association law: i.e. that disagreement with the Board will not justify the non-payment of maintenance fees or special assessments. Ritz Condominium Association v. Thomas. The court based its decision on the language of the Association’s Master Deed which read that the presence of an “emergency” is the Board’s decision and the “judgment of the Board shall be final.” Further, the court stated that there was no evidence of bad faith, dishonesty or incompetency in its determination of the emergency as it reasonably relied upon the advice of an engineer.

I hope this answers your question. If you need clarification, or want to clarify your question, or have a follow up question, please let me know.

Thank you,

Damien
Customer: replied 1 year ago.

Damien Bosco, you did not answer my question. How do we get their money? Do we sue them? Joann Messineo

Expert:  Damien Bosco replied 1 year ago.

Hi Joann: Sorry about that. Yes. The board would bring a legal action to have the unit owners abide by the vote (i.e., have the court order them to pay the special assessment). In these situations the board would use the basis of my first answer to develop the complaint in order to support the board's decision to take legal action. I hope this answers your question. If you need clarification, or have a follow up question, please let me know. Thank you, Damien

Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 1508
Experience: Helping you with your legal questions.
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Expert:  Damien Bosco replied 1 year ago.
Hi Joann:

Do you need further help, if so let me know.

Thank you,

Damien
Expert:  Damien Bosco replied 1 year ago.
Hi Joann,

I just to see how everything is going. If you have a chance, let me know. I am here to help you in the future also. You can request me by name the next time and I will be notified. Also, you can bookmark my profile and ask me a question that way. Here is the link:

http://www.justanswer.com/law/expert-damien-bosco/

Either way, I am always happy to help.

Best Regards!

Damien Bosco

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