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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116808
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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HOA New Jersey - I am being fined violation that I cannot

Customer Question

HOA New Jersey - I am being fined for a violation that I cannot find in the governing documents. I am also being billed for repairs to a common area for damage I already repaired myself. Can my property be leined without taking me to court first in New Jersey?
Can they simply bill my account for common area damage? Should I pay the fines to avoid additional penalties and then proceed to small claims court?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the NJ HOA laws, yes, the HOA can place liens for assessments and non-payment of dues on a unit without going to court. In order to foreclose on the lien they have to go to court. If there was damage to the common area, they could bill you for repairs IF THEY MADE THE REPAIRS, but if you made the repairs properly and they did not do the work, then they cannot charge you for repairing something they did not repair. If they are trying to charge you for something you already made repairs on, then your first step is appealing to the board and if they refuse to remove the charge, then paying under protest to avoid the penalties and suing them in small claims court would be the next step.

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