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HOA issue in common area Hudson County NJ. Bayonne NJ. Email…

Customer Question
HOA issue in common...

HOA issue in common area Hudson County NJ

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Bayonne NJ

Lawyer's Assistant: Has any paperwork been filed?

Email trails and verbal conversations

Submitted: 5 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
11/21/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,219
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 5 months ago
I live in a community in Bayonne NJ. I have requested that HOA and Property Management fixed damages in front of my home for some time now. They have more interest in fixing what I feel is preferred owners.
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

Great, thank you! Bear with me a moment while I review…

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Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thank you very much for your patience on this. I'm sorry to hear about your situation. The upside is that you may be in luck. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing because they have no legitimate reason to fix "preferred owners" property rather than yours. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. This means that if you have to come out of pocket to get your items fixed because they decided to move you down to the bottom of the list for no legitimate reason (e.g. availability of a contractor), then you may be able to recover those damages. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

What other questions did you have for me?

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