1. Condominium associations sometimes wrongfully assume that any interior damage or construction defect in a unit is NOT its responsibility when, in fact, it may be.  The board and management must investigate and determine the cause and the surrounding facts regarding the damage to determine if any construction defect claims need to be addressed.  If the Association was negligent, and the damage was proximately caused by that negligence, the Association could be responsible for the interior damage to the unit.  Every complaint in this regard should be handled with that in mind and investigated.    
  2. Condominiums often charge late fees for delinquent late fees.  This practice is not legal and New Jersey Courts will not award them if challenged.  New Jersey law permits the charging of late fees when the association’s governing documents allow for same.  The Association may charge late fees for payments of special assessment fees, monthly maintenance fees, HOA fees, and/or other condo fees that are late every month, or missed.  Unit owners should not be charged a late fee for carrying a continuing balance. 
  3. 3.  Boards and/or Management often think that signed vendor proposals ARE NOT contracts.  An agent’s execution of a vendor proposal constitutes an acceptance of the terms laid out by the contractor and creates a binding contract.  We suggest not signing those proposals until your attorney reviews same and has advised you regarding any issues related to those terms.  Your attorney may want to draft his own contract for the association’s protection.  
  4. Many associations fail to split an account into a pre-petition account and post-petition account during bankruptcy, which is a violation of federal bankruptcy law A Bankruptcy only discharges the debt owed prior to the bankruptcy filing.  A debtor who files bankruptcy will still be responsible for fees incurred after the filing, including late fees, special assessment fees, monthly maintenance fees, HOA fees, and/or other condo fees.  Not only is the association is responsible for splitting the account into a pre-petition account and a post-petition account, but they must have an accurate accounting for same.  
  5. When asked, condominiums are required to provide its owners with a list of current delinquent owners who have accrued balances on their accounts due to late or unpaid special assessment fees, monthly maintenance fees, HOA fees, and/or other condo fees  Many condominiums fail to do so, which is in violation of the New Jersey Condominium Act.