Wyckoff, NJ asked in Land Use & Zoning and Real Estate Law for New Jersey

Q: can PropMgmt comp assume control of utilitymeters on the property if they are already independently metered .?

currentl tenants have utility responsibility and there is no Master meter that reads the whole property. Tenants are directly billed and the landlord has no current responsibility with the utility in that regard. Can they legally assume the responsibility without consent from the tenant as well as raise the rent on the tenants that are still living there if they are allowed to legally assume the rents...Would they have to wait for leases to end or tenants to move out for these events to happen? Reason being is they want to install a large solar array on the property but need higher consumption on their end to justify it with the Board of Public Utilities & NJCEP

1 Lawyer Answer

A: As is true with most question concerning commonly owned property such as condominiums and cooperatives, it is important to read the organic documents to determine what powers were given to Board of Directors. Generally, changes in the duties of owners and the power of the Boar to affect those duties must be placed and voted upon by the owners. Certain changes require different percentages to in order to pass. Without a careful reading of those documents, a definitive answer cannot be given. How does the Board propose to charge? Is it suggested that it be based upon one's percentage of owners or simply dividing the bill by number of owners. How does the Board wish to control wasteful use? These questions need to be discussed at an open to owners meeting and have a vote taken.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.