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Is it legal not to have a condo association board of directors

  
  
  
  
  

Is it legal for there not to be a board of directors for a New Jersey condominium?  Also, is it legal for a the management company not to disclose information about who's on the board of directors when I, a unit owner, hence a member of the condo association, needs to voice my complaints? (The management company refuses to respond to my complaints and inquiries. I called the managing agent 15 times and left numerous messages. Calls were not returned.)

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Comments

I will let an attorney licensed in NJ to answer your question directly, but common sense dictates that you must have a board. Who is signing reserve checks, if any? Who has approved your operating budget for 2011?  
 
 
 
I would simply walk into your management company's office unannounced and ask to speak with either your PM or the owner of your PM company. 
 
Posted @ Friday, February 04, 2011 12:11 PM by Larry Davis
If there are no board of directors then who is minding the store? Something definitely doesn't sound right for your situation. I know I would EXTREMELY worried about dues I'm paying.  
 
How many units are there? 
 
I assume your paying dues? 
 
Do you get any letters from the management company? 
 
Have you talked to other home owners?
Posted @ Friday, February 04, 2011 12:38 PM by Victor
Your NJ State Condominium Act demands thatb a condo assn be managed by a unuit owner elected board of directors. Your quewstions to the management company are out of order. The management company is responsible to the Board of Direxctors and does not service individuaol unit questuions jnor complaints. You should insist upon the Bopard responding. Sometimes a registered return receipt letter stirs the Board to action.
Posted @ Friday, February 04, 2011 7:17 PM by Scott
I would not waste time with phone calls that cannot be documented.Email or certified letter can show a letter trail.I don't know about NJ but in VA the management company has to give the names and addresses of all owners . 
You should have voted in the board of directors.
Posted @ Friday, February 04, 2011 8:26 PM by L
A condominium association is a legal entity that must be managed. Having insured over 75,000 community associations, each one has had governing documents that provide for a board or directors or board of trustrees to manage the associations. A board is normally authorized to engage employees, management companies or other experts to effectuate the management of the association, but it is not authorized to transfer all management to another entity such as a manager or management company. The may be times when a developer or sponsor is controlling a board that makes it appear that there is no board, but there may still be a board. However, the governing documents and the applicable New Jersey statutes will not permit the conduct that appears to be taking place. The governing documents and the New Jersey will set forth the duties and obligations the association has, including the operation of the board. I can tell you that as an underwriter of community association directors and officers liability, we would immediately flag this risk for non-renewal. 
 
Posted @ Saturday, February 05, 2011 12:14 PM by Joel Meskin, Esq., CIRMS
Download and review the N.J. Condominium Act. You'll find your answers herein.
Posted @ Saturday, February 05, 2011 2:05 PM by Scott
I assume NJ has a Department of Corporations (or something like that). The records of the corporation should be viewable on line. It should tell you who the BofD members are. 
Posted @ Monday, February 07, 2011 11:18 AM by Don
The names of the members of a Board of Directors are not registered under any provuision of the NJ State Condominium Act. That lawmhowever does specify "Board of Diorectors". Best comply with your olaw.
Posted @ Monday, February 07, 2011 11:45 AM by Scott
Universally every state law requiores that a board of directors be elected at an annual meeting of the unit owners. How can you not know whom you elect?? As an individual unit owner your questions should not be addressed to the management company.; That company works for your board of directors and only indirectly for you the unit owner. It is most common that the list of Board members and their positio0n on the Board are publically posted within the facility.
Posted @ Wednesday, February 09, 2011 6:19 PM by Scott
To whomever posted the original question. Your management company is cforrect in refusing to answer your calls. That company was hired by and works under the control of your board of directiors. If you have any question take it to your board. If they don't answer you do have other avenues to force a response but you are completely out of bounds going direct to the management company for any answers.
Posted @ Wednesday, February 09, 2011 6:23 PM by Scott
I talk to the property manager in my community and she gives me answers when I need them. Now it also depends on what the questions are but trying to find out who the board of directors are is a valid question. If you don't know who is on the board and the board does not talk to the community at large how else can you find out who is on the board. You could ask your neighbors but if they don't know then something is mighty wrong in your community! 
 
 
Posted @ Wednesday, February 09, 2011 11:20 PM by Victor
I live in the Mountain Bay Condominiums in Green Bay Wisconsin for the last 10 years. Even though the by laws clearly state no owner shall rent or lease their condo, the owner next to me has leased his condo to his mother June Sroka for almost 10 years. I also cannot get repairs done. We have shingles that fly off the roof whenever its windy and I have had water issues in the basement for the last 10 years. I think Wisconsin should have stronger laws protecting condo owners when current Board of Directors target and pick on certain owners. They should be held accountable for being neglectful.
Posted @ Wednesday, May 25, 2011 11:22 AM by Karen
HAS ANYONE HAD EXPERIENCE WITH ALABAMA CONDO LAWS AND MANAGEMENT  
 
COMPANIES AND HOA 
 
THANK YOU
Posted @ Saturday, July 30, 2011 11:31 AM by CAROLYN
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