Condo Association Management Blog

You have the right to sue the association as well as the individual board members. Contact an attorney immediately. The Board is responsible for replacing your windows with the same quality you originally had. They are also responsible for your attorney fees if you win.

There are people who think that recourse to the courts is the answer to all mistakes, including mistakes in judgment. If I were a Board member I'd answer that a "business judgment" was made--and most likely the court would agree with me, and you might end up paying all costs.  
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I suggest that you make friendly requests and submit, in writing, proof that skylights inferior to the originals were installed; and that new replacements be provided.  
BE NICE!

Being on a board and serving currently as president, and dealing with management companies, contractors, lawyers, etc., I have learned more about how to, and not to, run a association. Right off the bat, NO BOARD HAS THE Authority to bypass ANY by-law. By-laws can ONLY be changed by a super majority of the owners. My suggestion is don't fool around. The fact that this so called board did what they did shows contempt for their position. Have a lawyer send a letter to the board, AND BOARD MEMBERS, of your intention to sue. THIS MUST be given to the assoc lawyer. If this lawyer is worth his salt, he will advise the board they must comply. Failure to do so can result in each board member being sued personally. Usually board members are covered by the group insurance policy of the assoc on law suits, except when they the rules. The insurance company can refuse to cover them. Have your lawyer send a copy to the assoc insurance company. This is NOT a "business judgment".Most board members don't know what their job is or what their limitations are. Some think they rule, but a lot of case law will prove otherwise. If you are in need of a good lawyer in NJ, I can recommend one. 

This is for Michael Katz. 
 
Sometimes being nice to the board members is not the answer. I learned the hard way with ours. 
 
When it comes to replacing items they are suppose to replace, "Always ask if they are going to be of the same quality before installing. You have the right to ask that and proof that they are going to be before the job is already completed. Sometimes the owners close their eyes on what is happening around them and don't attend the meetings, then they cry about the mistakes.  
 
I myself asked for spouting to be replaced in the front of my unit. An over abundence of rain was pouring out and over and flooding my 1st floor patio and part of my living room. Being a nice person I asked, and then asked again, then letters, then phone calls and then more letters. This went on for a period of 1.5 years. Guess what? When I sent my last and final Certified letter saying as of the dead line I was seeing a lawyer, they finally knew I had enough. Problem was solved. 
 
My point is that most board members think they can just do whatever and take your money and you have no say! 
 
To the person with the sky lights, 
 
in your best interest, Go seek that lawyer and have him send them a letter. Don't be afraid of the board, they want that fear from you. 
 
Step up and over step your boundries and get the job done correctly. Have a wonderful day and Best Wishes!

The Bylaws serve as a legal contract between the association and owners and the board is responsible for upholding the association side of the equation. In fact it is their fiduciary responsibility to do so. See the 'Fiduciary' page at www.wvnorthface.info where you will see some quotes with links that clearly show this responsibility and the consequences to board members who violate that responsibility. 
 
Also, as Mark mentioned above, the condo association insurance company will not pay where a board violates association bylaws and State law. There is almost always has an insurance policy clause to exclude claim payments when boards do not follow their fiduciary responsibility. Though I have had extreme difficulty in accessing many of my association documents one document I have reviewed is the insurance policy which has this type of clause in it as I expected. 
 
Also, you may want to do a search on this blog site on 'skylights' as there is further related info posted on this site. 
 
Good luck.

And I thought I was the only one. I am in a small condominium of three units. My little house was added onto the three others at some point. All my utilities are individual. Before I came here and unbeknownst to me, it was decided not to operate as a condominium. That is the rule for all my repairs, but not for theirs. Now the foundation for my house is badly broken with rain and wind coming through. Walls and ceilings are about to collapse. Three years of requests have been ignored or played with. Also, I have not been allowed to see financial records and I suspect I am being overcharged for my percentage. What, other than expensive legal counsel, can I do?

I am lost. Is someone collecting fees as if you are a condo assoc? Is your house a seperate building? First what you need to do is go to the township and find out how your house is taxed. If any fees are being collected but no assoc in place, it sounds like fraud.