Q: I reside in a condominium in Passaic County, N.J., the place the board not too long ago licensed the alternative of all of the balcony railings in our constructing. Was this a security difficulty? A beauty repair? Nobody appears to know, and the board just isn’t offering extra info. The job was estimated to final three months, nevertheless it’s been seven months and the work continues. We reside with loud building noise and dirt and dust in our items, and the board has mentioned our upkeep charges are going up. What can we do to compel the board to offer us extra info, and to complete the work? Do now we have to pay upkeep charges whereas the work goes on?
A: The board needs to be sharing the aim of the venture so that you just and your neighbors aren’t left in the dead of night.
Apartment associations should make out there to unit house owners a report of all receipts and bills. New Jersey regulation requires that these data are stored in accordance with typically accepted accounting rules (or GAAP), and that they be open for inspection by unit house owners. Verify your affiliation’s governing paperwork for extra info. Sometimes, it is best to be capable to see the signed contract for the work, if not day by day work reviews.
In fact, sustaining secure balcony railings, particularly in high-rise buildings, is extraordinarily vital. In 2024, New Jersey enacted a structural integrity and reserve regulation, which requires condominiums with sure varieties of constructions, comparable to balconies, to be inspected by a structural engineer.
“The railings represent a crucial security part, and if the board fairly believed their alternative was required, it will be troublesome to problem,” mentioned J. David Ramsey, chair of the New Jersey neighborhood affiliation apply group at Becker & Poliakoff, in Morristown, N.J.
Building delays can create inconveniences for constructing residents, however they’re frequent, sadly. No matter occurs, don’t withhold any upkeep charges. “New Jersey case regulation makes it abundantly clear that upkeep charges can’t be withheld for any purpose,” mentioned Christopher Lugara, a lawyer who practices condominium regulation with Hill Wallack in Princeton, N.J.
Your constructing wants these charges to function. Withholding them would possibly provoke your affiliation to take motion towards you, comparable to imposing late charges, initiating assortment efforts, recording a lien towards your property, or submitting a grievance for the cash you owe, Mr. Lugara mentioned.
For weekly electronic mail updates on residential actual property information, enroll right here.
