Q&A: Management Company Ineffective

Q I live in a condo in North Bergen. I have brought several issues up to the management and board's attention for the past three years, and spent two years on the board before removing myself due to the frustration of dealing with our particular management company. The management company seemingly does the bare minimum to abide by its contract. The board is essentially ineffective and the board’s president never replies to emails. Little has been done in response to issues at the building and matters which desperately need to be addressed take anywhere from a few months to a couple of years to be resolved. I have emailed the management company repeatedly asking for status of resolutions to the many issues that have been reported. The management company takes personal offense to any complaints and turns the tables on the owners by claiming that we are harassing them, and ordering us to stop emailing them. They are simply not doing their job and have been caught in a handful of lies regarding their management of our building. This is taking a toll on the overall appearance of our five-year-old property. I would like to know my rights. Can I withhold my HOA fees until matters are resolved?

—Fed up in Flemington

A “You or anyone else may not withhold fees. You should request a copy of the contract, solicit the homeowners to call a special meeting and place the issue on the agenda. The number of homeowners required for a special meeting should be expressly stated in the master deed and bylaws,” says Stephen B. Kotzas, Esq., a partner with the Toms River law firm of Berry, Sahradnik, Kotzas & Benson, P.C.

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