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Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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We have a friend who purchased stock(house) in a 55+ Adult

Customer Question

We have a friend who purchased stock(house) in a 55+ Adult Co-op community in Whiting, NJ. with the intentions of coming to USA from United Kingdom for the summer months. He became very ill and decided to put his stock (house) up for sale. The Manager told him that he was not to worry about the monthly maintenance fee, he could stop paying and when his house was sold they would take what he owed plus $15 per month (late fees). There was another person present when this verbal agreement took place. This practice is well established and has been the norm since the village was built some 30 years ago. The Board of Directors have decided to stop this practice and have demanded that our friend pays all the monies due, nearly $8000 in 30 days!! What legal recourse does our friend have?
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

This is a fairly difficult situation to be in. This 'agreement' that was oral in nature, does anything like that exist in the bylaws of the community as permitted behavior? You also mentioned that was a well-established practice. Do you know if any other home-owners or parties are still granted such a right, or did the HOA pull this option from all home-owners?
Customer: replied 4 years ago.

Sorry for the delay, I will have to look over the bylaws and get back to you, the practice of people putting their houses up for sale and not paying their maintenance fees until the house has been sold is quite normal in this village. The New Manager agreed that the prior manager (with whom she worked as her secretary for over 10 years that I know of) made these agreements all the time, so it has been done in the past and my husband was with our friend at the time of this verbal agreement. The Board has now stopped this practice for everyone.

Expert:  Dimitry K., Esq. replied 4 years ago.

Not a problem. Whenever you have the information ready, just post a response and I will then provide you with an answer. While I can provide you with some manner of response now, it may likely not be 100% specific so I would prefer to work with all of the information that you can obtain. But if you prefer for me to answer now, I will be more than happy to do so based on existing information. Please advise!
Customer: replied 4 years ago.

I will review the bylaws and occupancy agreement and get back to you. Thank you

Expert:  Dimitry K., Esq. replied 4 years ago.

Not a problem. Whenever you are ready, just please message back. Until then please do not reply as it will push this thread into my queue and would have to file a response that would as yet not be of any tangible use. Please have a wonderful holiday weekend!