What is the name of your state (only U.S. law)? NJ
We purchased a condominium a few years ago and have recently discovered that we have been charged the same condo fees and assessments as owners having larger square footage units. When we brought this to the Board's attention, they stated that we have been paying it all along and instead are now trying to change the master deed and by-laws to simply divide all expenses equally among owners.
They are proposing a change to the master deed to simply divide all expenses by 9 the total units in the building regardless of square footage. Our governing documents specifically spell out what the common interest percentages are, and that condo fees and assessments are based upon this. The Board's lawyer contends there is no case law prohibiting them from changing the master deed. We however feel the NJ Horizontal Property Act protects us. It says the following:
“In each regime an apartment owner shall have the exclusive ownership of his apartment and shall have a proportionate undivided interest in the general common elements, equivalent to the percentage of the aggregate value of all the apartments represented by the value of his own apartment."
It also says:
. Said percentages shall have a permanent character, and shall not be altered without the acquiescence of the coowners of all the apartments in the regime. “
Are we correct or is the Board's lawyer? Currently we have a 9 member association with 4 officers and 1 trustee so we obviously do not have leverage on this issue as 6 units are larger and only 3 are smaller.
Also, if the change is voted into the master deed & gets recorded, is it in conflict with the Horizontal property act, and if so, does the Horizontal property act supercede any conflict in the master deed?
We purchased a condominium a few years ago and have recently discovered that we have been charged the same condo fees and assessments as owners having larger square footage units. When we brought this to the Board's attention, they stated that we have been paying it all along and instead are now trying to change the master deed and by-laws to simply divide all expenses equally among owners.
They are proposing a change to the master deed to simply divide all expenses by 9 the total units in the building regardless of square footage. Our governing documents specifically spell out what the common interest percentages are, and that condo fees and assessments are based upon this. The Board's lawyer contends there is no case law prohibiting them from changing the master deed. We however feel the NJ Horizontal Property Act protects us. It says the following:
“In each regime an apartment owner shall have the exclusive ownership of his apartment and shall have a proportionate undivided interest in the general common elements, equivalent to the percentage of the aggregate value of all the apartments represented by the value of his own apartment."
It also says:
. Said percentages shall have a permanent character, and shall not be altered without the acquiescence of the coowners of all the apartments in the regime. “
Are we correct or is the Board's lawyer? Currently we have a 9 member association with 4 officers and 1 trustee so we obviously do not have leverage on this issue as 6 units are larger and only 3 are smaller.
Also, if the change is voted into the master deed & gets recorded, is it in conflict with the Horizontal property act, and if so, does the Horizontal property act supercede any conflict in the master deed?
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