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N.j.s.a. 46:8b-21

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ThisIsSilly

Junior Member
What is the name of your state (only U.S. law)? NJ

Can a condominium board circumvent N.J.S.A. 46:8B-21:

21. a. The association shall have a lien on each unit for any unpaid assessment duly made by the association for a share of common expenses or otherwise, including any other moneys duly owed the association, upon proper notice to the appropriate unit owner, together with interest thereon and, if authorized by the master deed or bylaws, late fees, fines and reasonable attorney's fees; provided however that an association shall not record a lien in which the unpaid assessment consists solely of late fees. Such lien shall be effective from and after the time of recording in the public records of the county in which the unit is located of a claim of lien stating the description of the unit, the name of the record owner, the amount due and the date when due. Such claim of lien shall include only sums which are due and payable when the claim of lien is recorded and shall be signed and verified by an officer or agent of the association. Upon full payment of all sums secured by the lien, the party making payment shall be entitled to a recordable satisfaction of lien. Except as set forth in subsection b. of this section, all such liens shall be subordinate to any lien for past due and unpaid property taxes, the lien of any mortgage to which the unit is subject and to any other lien recorded prior to the time of recording of the claim of lien.
by applying maintenance payments toward late fees (on unit ledger) and then claiming maintenance fees are due in order to assert a lien?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? NJ

Can a condominium board circumvent N.J.S.A. 46:8B-21:



by applying maintenance payments toward late fees (on unit ledger) and then claiming maintenance fees are due in order to assert a lien?

**A: I am sure that you did not tell us the complete story.
 

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