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
Morris Leo Greb
Morris Leo Greb
Answered
  • Real Estate Law Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

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.

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