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Condo managements mismanagement

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laidback

Junior Member
Hi,
I'm hoping I can recover expenses & maybe sue the condo where I rent & was hoping to get an experts opinion of what options I might have.

I rent in a high rise in NJ. My landlord has a copy of my letter & is aware of my complaints. She is even unhappy in managements non-action.

Starting last weekend I called 5+ times to management & knocked on the tenants door thats renovating.

They have no carpet, breaking the 80% rule & have worked on it nights, weekends & just last monday, presidents day, breaking the 8-5 m-f & no holiday rule.

I got them to stop on presidents day but then someone in management or maintainence told them they could continue.

On the 1st visit upstairs one of the maintainence guys was painting in the hallway (saturday). He said someone else had complained, rolled his eyes and remarked that they were pretty inconsiderate & pointed me twords their door.

It sounded like they were chiseling/hammering up tiles & I'm 2 units east of them but the concrete floors (from the early 70's) are continuous and it sounds like its right above me.

I took a video with audio of the noises then got a room at a Hotel. I dropped off a letter that included my complaints on tuesday that included a bill for my expenses on the hoiday they allowed the construction.

From what I understand the owners were the ones at the door & were doing the work themselves.

Yesterday I called to complain of the noise again & it was the 1st time I actually spoke to someone at management. She skated around my problem stating she just got back from holiday, she was trying to get me off her back but I kept telling her it was not good enough (her reply to my ? of what she was going to do about it was someone was going to write me a letter next week). Obviously I hung up more pissed than when I was bothered by the noise I was calling about.

I felt it was useless for me to even call there again although I'm hearing noises now (nails dropping, wooden furniture skreaching on bare concrete & the occasional thump of what sounds like a hammer dropping that has & would wake me from a nap)

Even if the noise stopped right now I feel like I've been wronged & deserve more than just reimburement for 1 night.

Thanks in advance for any help or opinons even. I'll check back tonight.
 


HomeGuru

Senior Member
laidback said:
Hi,
I'm hoping I can recover expenses & maybe sue the condo where I rent & was hoping to get an experts opinion of what options I might have.

I rent in a high rise in NJ. My landlord has a copy of my letter & is aware of my complaints. She is even unhappy in managements non-action.

Starting last weekend I called 5+ times to management & knocked on the tenants door thats renovating.

They have no carpet, breaking the 80% rule & have worked on it nights, weekends & just last monday, presidents day, breaking the 8-5 m-f & no holiday rule.

I got them to stop on presidents day but then someone in management or maintainence told them they could continue.

On the 1st visit upstairs one of the maintainence guys was painting in the hallway (saturday). He said someone else had complained, rolled his eyes and remarked that they were pretty inconsiderate & pointed me twords their door.

It sounded like they were chiseling/hammering up tiles & I'm 2 units east of them but the concrete floors (from the early 70's) are continuous and it sounds like its right above me.

I took a video with audio of the noises then got a room at a Hotel. I dropped off a letter that included my complaints on tuesday that included a bill for my expenses on the hoiday they allowed the construction.

From what I understand the owners were the ones at the door & were doing the work themselves.

Yesterday I called to complain of the noise again & it was the 1st time I actually spoke to someone at management. She skated around my problem stating she just got back from holiday, she was trying to get me off her back but I kept telling her it was not good enough (her reply to my ? of what she was going to do about it was someone was going to write me a letter next week). Obviously I hung up more pissed than when I was bothered by the noise I was calling about.

I felt it was useless for me to even call there again although I'm hearing noises now (nails dropping, wooden furniture skreaching on bare concrete & the occasional thump of what sounds like a hammer dropping that has & would wake me from a nap)

Even if the noise stopped right now I feel like I've been wronged & deserve more than just reimburement for 1 night.

Thanks in advance for any help or opinons even. I'll check back tonight.
**A: you have no cause of action. Why did you not call the police?
 

laidback

Junior Member
I just wanted to post the definition so I could digest the meaning before I asked a

silly question.

The 'Lectric Law Library's Lexicon On:
<u>CAUSE OF ACTION</u> -
<t>A set of facts or allegations that make up the grounds for filing a lawsuit.
The right to bring an action, which implies that there is some person in existence who can assert, and also a person who can lawfully be sued. For example, where the payee of a bill was dead at the time when it fell due, it was held the cause of action did not accrue, and consequently the statute of limitations did not begin to run until letters of administration had been obtained by some one.

There is no cause of action till the claimant can legally sue, therefore the statute of limitations does not run from the making of a promise, if it were to perform something at a future time, but only from the expiration of that time, though, when the obligor promises to pay on demand, or generally, without specifying day, he may be sued immediately, and then the cause of action has accrued. When a wrong has been committed, or a breach of duty has occurred, the cause of action has accrued,</t> <b>though the claimant may be ignorant of it.</b> <i>(that'll be me?)</i>

http://www.lectlaw.com/def/c217.htm
 

HomeGuru

Senior Member
laidback said:
silly question.

The 'Lectric Law Library's Lexicon On:
<u>CAUSE OF ACTION</u> -
<t>A set of facts or allegations that make up the grounds for filing a lawsuit.
The right to bring an action, which implies that there is some person in existence who can assert, and also a person who can lawfully be sued. For example, where the payee of a bill was dead at the time when it fell due, it was held the cause of action did not accrue, and consequently the statute of limitations did not begin to run until letters of administration had been obtained by some one.

There is no cause of action till the claimant can legally sue, therefore the statute of limitations does not run from the making of a promise, if it were to perform something at a future time, but only from the expiration of that time, though, when the obligor promises to pay on demand, or generally, without specifying day, he may be sued immediately, and then the cause of action has accrued. When a wrong has been committed, or a breach of duty has occurred, the cause of action has accrued,</t> <b>though the claimant may be ignorant of it.</b> <i>(that'll be me?)</i>

http://www.lectlaw.com/def/c217.htm
**A: Ok, are you done digesting?
 

laidback

Junior Member
Hey, I found it!

I havnt called the cops recently because the noises are now intermittant, I should have when the condo allowed them to work on their floor (my ceiling) on a holiday.

The joke of a letter which was supposed to solve my noise problem stated that "Presidents Day was not a designated holiday". Which hoidays, a list or whatever, are not in any of the rules. I asked a neighbor about the $75 (big book of rules, whatever you call it), he said nothing is in there about that. He couldnt offer to lend it to me.

The guy who wrote the letter didnt even mention the $ I asked for my expenses because they allowed the noise to continue & was forced to leave.

Having no cause to sue for not enforcing their own rules? (holiday construction & 80% carpet rule)

I'd like to sue them for emotional distress also. I'll be talking to my Dr next week about some reactions I have had (increased heart rate, flushed face, sleeping problems).

I'm recovering from back surgeries & dont really have a choice to leave, even durring the day sometimes.

From management's uncooperative communications & actions I didnt even bother calling this past Sunday when I heard more hammering & related noises.

I'm composing a letter to my landlord & a list of chronological events for a lawyer, if I can find one. I was told I might qualify for a (free service?) because of my disability & not working now.

(This guy who wrote the letter is the general manager & from what I heard he's a board member. He also sells units in this building. He could have sold the unit to the couple (he?) allowed to continue their work on a holiday)

thanks for the free advice, wise cracks or what have you
 

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