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Condo association goes against bylaws and puts lien on owner's unit

Posted on Wed, Jul 27, 2011 @ 07:59 AM
  
  
  
  
  
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Does a condo board have the right to put a lien on my condo when the items I was forced to replace were not the ones promised by the property manager in writing but worth 1/4th the price? The items installed were altered by the contractor as they were an off the shelf size and not made to fit in my condo. While altering the items, all 7 of my items were made defective by the contractor. The board ignored 3 important bylaws by doing this project and instead of doing the ethical thing and having the items replaced, they put a lien on my condo for the price of the $900 items I didn't receive. They are pretending they did the correct thing when in fact they did everything but the correct thing. Does New Jersey give the condo board the right to put a lien on someone's condo when the items are disputed by the condo owner because they are defective and not even the correct items the lien is for? I received $200 items and the lien is for $900 items at a 50% discount. What kind of power did our N.J. government allow these boards to have as I believe that some members of the board in my condo along with the PM and her husband's company have done some illegal things and even the condo attorney is lying for them to government official and the BBB. This whole project only took place because the condo lawyer lied to the Dept. of Community Affairs.
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Comments

Sadly You will have to hire an attorney. But these Homeowners Associations are not working as they were meant to. And our state governments do not wish to get involved. It would be great if everyone played fair but thats not gonna happen--my fair would not be your idea of fair--hence the problem. Good luck to you.
Posted @ Wednesday, July 27, 2011 9:24 AM by Marilyn
The Board does have the authority to place a lien. Unfortunately the way that it works (at least in my understanding of how things work in WA state) is that the Board is right unless proven wrong in court. Small claims court may be an option.
Posted @ Wednesday, July 27, 2011 9:26 AM by Lynn
There is a New Jersey State law--NewJersey Condominium Act which will give you the answer to your question. Diownload it and read.
Posted @ Wednesday, July 27, 2011 10:23 AM by Scott
Normally an Association would not be responsible to repair YOUR property. 
 
What kind of items are we talking about and where are they located? How are they described (common elements, limited common elements, part of the unit, etc.)? 
 
Normally anytime a lien is going to be placed, you must be PROPERLY notified and given 30 days to either pay or respond and DISPUTE the item. In that case, if what they have repaired is your property, you can dispute it under that. If the Board is repairing the common elements or limited common elements as part of their responsibility, then how they did so and what was used is up to the Board and you wouldn't have the ability to argue whether or not they used products or items to your liking. If you failed to dispute the lien, then unfortunately the deadline has passed to do anything. 
 
Posted @ Wednesday, July 27, 2011 11:45 AM by Joyce @ thecondocommando.com
In Washington state the Board has the right to place a lien for unpaid assessments. 
Although you have a laundry list of people you blame for your situation, if the devices or workmanship are poor, your argument should be with the contractor. 
In any event you are probably going to need an attorney. 
I don't understand why most of the responses here fault and condemn HOA Boards for their actions when, in fact, we are only hearing one side of the situation.
Posted @ Wednesday, July 27, 2011 4:07 PM by Jim
Why not consider, instead of hiring a lawyer, just paying it? You should take the simplest path, and I am sure that there is a view opposite yours that might justify what they did. You have to live there, and wouldn't it be easier to live in peace? Your statements are rather rambling, and you evidently deal from both emotion and a sense that everyone is out to get you. Pay it.
Posted @ Wednesday, July 27, 2011 11:42 PM by Jerry Briggs
THE PRESIDENT OF OUR ALABAMA BEACH RESORT. HAS WHAT HE CALLS A KOOK  
 
COMITTEE COMPOSED OF HIMSELF THE  
 
PROPERTY MANAGER AND THE PAST PRESIDENT 
 
WHEN A QUESTION IS ASKED OF THE BOARD THE KOOK COMITTEE IS CONSULTED. AND THE PRESIDENT WRITES  
 
THREATENING E-MAIL TO THE OWNER AND REQUESTING TO COME AND FIST FIGHT. HOW CAN WE OWNERS HANDLE THIS?
Posted @ Saturday, July 30, 2011 7:50 AM by CAROLYN
nice......!
Posted @ Monday, August 01, 2011 6:07 AM by seema
Google NJ Statues Property 46. You can go to the library and ask the reference Liberian for the NJSA volumes. Specifically read 46:8B 1-38.
Posted @ Tuesday, August 02, 2011 8:40 AM by RIE
Request an ADR. NJ law mandates that condos have dispute resolutions in place. This should be done by a 3rd party, the Board cannot be part of the decision. If they don't have an ADR write to the Community Affairs. They frown upon condos not having an ADR. Also is there a way to show the Dept of CA that the work was done by an unlicensed person? The lien cannot go thru until the ADR is settled.
Posted @ Tuesday, August 02, 2011 8:49 AM by RIE
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