Secaucus, NJ asked in Real Estate Law for New Jersey

Q: Can a condo association (NJ) charge a fee (NOT for a violation) for something w/o first notifying the member of the fee?

In my condo association, there is an area where resident parking passes are required to park (not assigned - first come, first serve). I needed a new pass because the passes don't expire and the one I had was so old and faded it was unreadable. They emailed that they would send it out, followed by another email shortly afterwards that, 'BWT', there was a $100 fee for the pass and they would charge my acc. I replied back that there was nothing in the current bylaws or last published rules about a fee for the pass, and that I don't authorize the charge. I received a reply the next day that the rules 'were being updated', that the association feels $100 is a deterrent to people getting more passes, and that pass was already sent and the fee would be charged to my account.

Do they have the right to charge me for something like this w/o prior notice?

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1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Rockaway, NJ
  • Licensed in New Jersey

A: What a HOA may or may not charge is set forth in the provisions in the home owners declaration. The agreement usually provides that the Board of Directors may vote to change some of the provisions. A careful reading of all the documents is required.

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