Need advice! Planning to sue my Condo Board

[gola]

Hi All,

I live in a high rise condo, on the 3rd floor, and have a 500 sq.ft patio in Jersey City, NJ (on water front). All units above mine only have a small balcony. For the past 5 years ,since I have moved in, I have been a victim of constant cigarette butts thrown from units above me (not sure if it is one or many doing it). It has burnt 3 of my patio chair creating sizable holes. I have complained this to my Board several times in past years, sending them pictures or calling the Board members to visit my unit. All that my Board has done is send out notices to all units and post signs at the entrance of the building to stop this act. Unfortunately it has not stopped the menace. Three days back two empty beer bottles crashed in the patio, blasting glass all over my patio. It has become a living hell to own that space. Me and my family (5 year old daughter) dread to step out on the patio during nights. Never know what can drop from above.

My first thought was to write again to the Board and stop paying my monthly maintenance fees. However, I wanted to seek opinion from an attorney to guide me here. I called one law firm today and they plainly put me down saying this is a weak case and may not be worth pursing. The attorney quoted $295 per/hr fees. It was very disappointing to hear these words from the attorney who practice and boasts helping condominium folks.

Things like bottles and heavy toys falling from units higher up can be life threatening. Cigarette butts themselves hold potential for a fire hazard and has destroyed my patio furniture. I am not sure at this point what should I do. Am looking for some advice here to proceed further. I personally want to sue the Board for not meeting up with their fiduciary duty of keeping the condo and owners safe.

Can someone please recommend me any law firm in Jersey city that can help on my case?

Thanks for reading this.

Regards
MS.What is the name of your state (only U.S. law)?

 

[ecmst12]

You would have to identify and sue the people throwing things onto your patio. The board members are not doing it and would have no way of identifying the culprits any more than you can. They can only do so much to enforce rules. They are not going to fine every homeowner above your unit on suspicion of possible involvement.

It may be better to put up a mesh screen of some sort to protect your property.

 

[You Are Guilty]

Your Board is a group of other home owners who volunteer their time to serve. They are not guarantors of your safety (or comfort, for that matter). Given that they have already taken multiple steps to address the issue you've raised, they have likely met their burden. The mere fact that they were unsuccessful does not give rise to liability.

Figure out exactly who is throwing the garbage off their balcony and sue them directly. The people throwing junk are the ones legally responsible.


PS. $295/hr is pretty good for Jersey City.

 

[tranquility]

On a note unrelated to the OP's specific facts, whenever I hear someone say they are going to sue their condo board I shake my head.

Such suits are expensive, rarely won and tend the cheese everyone off in the association. Far better, when change is needed, is to win elections. RARELY is suing a condo board the right choice.

 

[tranquility]

While I believe the previous post is meant to counter my advice, I rather think it an affirmation.

 

[tranquility]

We usually only hear of the failed attempts, not the victorious ones, of which there are just as many.

No, there aren't "just as many". There are too many advantages the Boards have in litigation.

All you are reinforcing is that one must be an iconoclast to want to continue over all the obstacles. I'm a bit of an iconoclast myself so I completely understand the motivations there. But, I didn't see where you have anything but hubris at this time. Did I miss a claim of a judgment in your favor?

 

[tranquility]

They are playing with your money in the litigation. You are paying for their attorney. If they are wrong, the association pays (making you the belle of the ball of the rest of the members), if you're wrong, you pay. They can put on fines and penalties for your violation of the rules and you can't do it to them. There is usually an internal dispute resolution procedure where the facts found by them can be considered presumptively correct, requiring the other party to overcome the presumption. Finally, the rules favor them winning because the association rules were written by the association and meant to allow the association to continue in existence.

Info edit:
See also:
Contracting Communities by Lee Fennell :: SSRN
The Private Neighborhood by Robert Nelson :: SSRN
Topping Palm Trees in the Name of CC&R Enforcement: A Proposal to Temper CC&R Enforcement with Common Sense by Lori Roberts :: SSRN
On Second Thought: Post-Acquisition Housing Discrimination in Light of Bloch v. Frischholz by Jessica Zietz :: SSRN

 

[ecmst12]

Please stop hijacking this post.

 

[tranquility]

I agree on the hijacking, so I won't respond.

 

[private_person3]

Nj law requires that your Association provide ADR, even for disputes between owners. I recommend filing a request for ADR. I understand the Board does not know who specifically is destroying your property. However, in Nj, they are responsible for dealing with homeowners complaints. More importantly though, if one of your neighbors is destroying your property and jeopardizing your safety, your HOA is legally obligated to act.

Also, have you filed anything with the police? They police can help too.

Lastly, don't stop paying your dues. There is nothing that would legally allow you to withhold payment and doing so would become very costly for you in the end. Try not to think of your maintenance fees as belong to the Board. It belongs to the HOA, which is made up of you and your fellow owners. It is needed for day-to-day operations. It is not "rent" which goes into the pockets of the board.

Good Luck!

Hi All,

I live in a high rise condo, on the 3rd floor, and have a 500 sq.ft patio in Jersey City, NJ (on water front). All units above mine only have a small balcony. For the past 5 years ,since I have moved in, I have been a victim of constant cigarette butts thrown from units above me (not sure if it is one or many doing it). It has burnt 3 of my patio chair creating sizable holes. I have complained this to my Board several times in past years, sending them pictures or calling the Board members to visit my unit. All that my Board has done is send out notices to all units and post signs at the entrance of the building to stop this act. Unfortunately it has not stopped the menace. Three days back two empty beer bottles crashed in the patio, blasting glass all over my patio. It has become a living hell to own that space. Me and my family (5 year old daughter) dread to step out on the patio during nights. Never know what can drop from above.

My first thought was to write again to the Board and stop paying my monthly maintenance fees. However, I wanted to seek opinion from an attorney to guide me here. I called one law firm today and they plainly put me down saying this is a weak case and may not be worth pursing. The attorney quoted $295 per/hr fees. It was very disappointing to hear these words from the attorney who practice and boasts helping condominium folks.

Things like bottles and heavy toys falling from units higher up can be life threatening. Cigarette butts themselves hold potential for a fire hazard and has destroyed my patio furniture. I am not sure at this point what should I do. Am looking for some advice here to proceed further. I personally want to sue the Board for not meeting up with their fiduciary duty of keeping the condo and owners safe.

Can someone please recommend me any law firm in Jersey city that can help on my case?

Thanks for reading this.

Regards
MS.What is the name of your state (only U.S. law)?

 

[tranquility]

You don't need to delete them, but if you want to talk about your facts, start another thread.

 

[ecmst12]

He has his own thread already:
https://forum.freeadvice.com/condos-co-ops-106/limited-common-area-battle-brewing-576099.html

 

[gola]

Thanks all for the comments and advice. Lot of opinions/comments have indeed made me reach a decision. I believe the next appropriate actions for me would be to
- Talk again with the Board
- File a police complaint if necessary to register losses

I am definitely going to ask the Board to
1. Install cameras to monitor the activity
2. Reimburse me for the destroyed furniture
3. Get some kind of a mesh installed that will protect me and my family


Best,
MS

 

[ecmst12]

The board has no obligation to pay for your furniture or for the protective mesh. That is your job. Same with cameras - if you want them, you pay for them.

 

[gola]

Thanks for the info ecmst12.
Wondering, what the Board is for then? The bldg mgmt has been outsourced to mgmt company. So the Board is only for name sake?


Best,
MS