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My condo HOA said my former tenant damaged elevator around…

Customer Question
My condo HOA said...

My condo HOA said my former tenant damaged elevator around 04/20/2017, and asking me to pay for repairing bill, I asked for the repairing invoice for months without getting one; On 11/15/17 condo board meeting, the building manager gave me an repairing invoice dated 10/01/2017, and also on 12/20/2017, the lawyer of the HOA send me another invoice (for the same repair) dated 04/20/2017, the two invoice has the same dollar amount, but different itemization, and different invoice number; I strongly suspect the manager printed fake invoices, what is the good way to deal this?

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

NJ I thought this has more to do with fake invoice than HOAs

Lawyer's Assistant: Has anything been filed or reported?

WHat do you mean? lean on my property? NO

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
1/4/2018
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 7 months ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,447
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

You have a very interesting issue. In order to force you to pay for the damage the association will have to bring litigation against you. In the litigation they will have to prove the damages by entering an invoice into evidence.

BUT their evidence is suspect. If you can persuade a court that the evidence has been manufactured, using the two distinct invoices to try to prove that they were manipulated, then the court may disallow the claim altogether. Also the association attorney may not ethically introduce evidence he has a reasonable belief to be false.

Whether the Court would allow the invoices is hard to speculate on. BUT the issues would be decided as a preliminary matter through what is called a Motion in Limine. This is a special limited proceeding where ocertain objections to proposed evidence can be sorted out prior to trial.

As apractical matter this gives you leverage to negotiate with the association attorney. One thing you may wish to do is to find an independent elevator technician and see if they can give you an opinion on the invoices.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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