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?

Related Topics:
1 Lawyer Answer
Morris Leo Greb
PREMIUM
Morris Leo Greb
Answered
  • 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.

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.