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Suit Pending Against Condo Association.

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nusias9

Member
What is the name of your state?New Jersey

OK I had posted some time back that I was having major issues with my C.A.
In short..ground water enters my street level brownstone condo, due to damages cause by adjacent landowner. Informed then 8-18-04, professional evaluation identified problem 8-25, notified C.A.

My C.A. claimed that as the unit most impacted by the issues I am to seek assessments and proposals regarding required work. (note: not within Master Deed By-Laws, never amended) C.A insisted this was informal and wood be amended. I requested many times on our forum that the C.A. resume its responsibilities and resolve this matter. They did nothing except claim that I had to resolve this. Then they expanded my responsibilities saying they would only address the finical aspects of this problem.

So I moved on. Filed complaints with the building and code department. That resulted in two violations against adjacent building owner. In addition, I provided the C.A. with two of its 3 required proposals. (note:C.A. had been functioning in violation of the Master Deed, no committees) Unfortunately, they did not reach out to us until 10-25.

I had informed the C.A. on 10-22 that we were going to conduct mold test as It can possibly affect our 21 month old toddler. They were informed that the room would be sealed for an unknown period of time. During this time things really got heated. They after agreeing to schedule entrance around our testing, continued to request entrance (4 times), stating that the health of our child was secondary to their right to enter. I of course said no. Half the request were same day (violation of by-laws) and after the room was sealed. Plus they had posted this,"Our legal council request our survey of the damage" WELL!!! I said, have your legal council write me a letter. I immediately retained a second attorney. (1st attorney was a dirt bag!) We took action against the C.A., as a result of their demand.

C.A. stated that we do not have the right to prevent entrance to unit on any grounds. C.A. documented that health test are secondary to their right to enter the unit.(note: they were told 10-22, test took place on 10-26) Then make a claim that we cannot pursue contractors to remove mold without asking them as it affects their right to enter, and that they must contact our contractors and supervise our work to individual elements. Further claiming that we are in violation of Master Deed.

This is non-sense, I need answers, my attorney is gone on business and I do not know what to do. We need to remove the water damaged individual elements from our home. Mold test state the levels are three times higher then outdoors. They claim that they have to supervise us as if affect the common elements. No ****!!! Name one individual element that does not have contact with the common elements. I cannot find a passage containing this non-sense anywhere in the by-laws.

We have asked the C.A. to provide the exact passage and location and we will adhere to by-laws. To date no response. I need this mold out of my home, my child is presently having breathing attacks during the night. I have removed some individual elements with mold, sealed the room, bought air cleaners, and clean the house everyday to keep spore count as low as I can. The plywood (sub-floor) and sheet rock needs to go.

What do I do?? Does anyone know if the C.A. can force us to adhere to this non-sense. They repeatedly said we are responsible for individual elements, but will not allow us to remove the health hazard from our home.

Advise please.!!! Presently, I told them that I would not adhere to that and would only give them 24-hour notice. If they only have to give me 24-hour notice that's all they will get from me. God please let this be within my rights...I think they are stalling, to make some counter case against me.
 
Last edited:


HomeGuru

Senior Member
nusias9 said:
What is the name of your state?New Jersey

OK I had posted some time back that I was having major issues with my C.A.
In short..ground water enters my street level brownstone condo, due to damages cause by adjacent landowner. Informed then 8-18-04, professional evaluation identified problem 8-25, notified C.A.

My C.A. claimed that as the unit most impacted by the issues I am to seek assessments and proposals regarding required work. (note: not within Master Deed By-Laws, never amended) C.A insisted this was informal and wood be amended. I requested many times on our forum that the C.A. resume its responsibilities and resolve this matter. They did nothing except claim that I had to resolve this. Then they expanded my responsibilities saying they would only address the finical aspects of this problem.

So I moved on. Filed complaints with the building and code department. That resulted in two violations against adjacent building owner. In addition, I provided the C.A. with two of its 3 required proposals. (note:C.A. had been functioning in violation of the Master Deed, no committees) Unfortunately, they did not reach out to us until 10-25.

I had informed the C.A. on 10-22 that we were going to conduct mold test as It can possibly affect our 21 month old toddler. They were informed that the room would be sealed for an unknown period of time. During this time things really got heated. They after agreeing to schedule entrance around our testing, continued to request entrance (4 times), stating that the health of our child was secondary to their right to enter. I of course said no. Half the request were same day (violation of by-laws) and after the room was sealed. Plus they had posted this,"Our legal council request our survey of the damage" WELL!!! I said, have your legal council write me a letter. I immediately retained a second attorney. (1st attorney was a dirt bag!) We took action against the C.A., as a result of their demand.

C.A. stated that we do not have the right to prevent entrance to unit on any grounds. C.A. documented that health test are secondary to their right to enter the unit.(note: they were told 10-22, test took place on 10-26) Then make a claim that we cannot pursue contractors to remove mold without asking them as it affects their right to enter, and that they must contact our contractors and supervise our work to individual elements. Further claiming that we are in violation of Master Deed.

This is non-sense, I need answers, my attorney is gone on business and I do not know what to do. We need to remove the water damaged individual elements from our home. Mold test state the levels are three times higher then outdoors. They claim that they have to supervise us as if affect the common elements. No ****!!! Name one individual element that does not have contact with the common elements. I cannot find a passage containing this non-sense anywhere in the by-laws.

We have asked the C.A. to provide the exact passage and location and we will adhere to by-laws. To date no response. I need this mold out of my home, my child is presently having breathing attacks during the night. I have removed some individual elements with mold, sealed the room, bought air cleaners, and clean the house everyday to keep spore count as low as I can. The plywood (sub-floor) and sheet rock needs to go.

What do I do?? Does anyone know if the C.A. can force us to adhere to this non-sense. They repeatedly said we are responsible for individual elements, but will not allow us to remove the health hazard from our home.

Advise please.!!! Presently, I told them that I would not adhere to that and would only give them 24-hour notice. If they only have to give me 24-hour notice that's all they will get from me. God please let this be within my rights...I think they are stalling, to make some counter case against me.
**A: please post to your initial post so we have a reference.
 

nusias9

Member
I am really amazed at your response. I gave a some details leading to one question. Why are you being rude? If you do not wish to respond to my question please state that instead of being nasty. Thanks
 

HomeGuru

Senior Member
My post is in reply to yours, in which you were deliberate in not wanting to follow my previous instructions.

HomeGuru said:
**A: please post to your initial post so we have a reference.
 

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