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
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.