CAI-NJ June 2020(w)

GOVERNING DOCS... from page 26.

which provides the memberships rights and the ability of the association to suspend privileges. While the governing documents do outline the rights of homeowners, it may come as a surprise that the recourse for the homeowner may also be contained in the governing doc- uments. Pursuant to the New Jersey Condominium Act, com- munity associations are required to provide a fair and efficient procedure for the resolution of disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation. ADR, or Alternate Dispute Resolution, involving mediation and/or arbitration, is a process by which disputes between the association and the homeowner, or between homeowners directly, is followed prior to filing a lawsuit which could be costly to all parties involved. ADR requirements specific to the association are laid out in the By-Laws and are available to all homeowners that are seeking to escalate or further assert their rights under the governing documents. In closing, the final word of the do’s and don’ts of your particular association can be found in the governing documents, with a little bit of looking, understanding, and interpretation. n

the ceiling and wall of their unit and demands to know why this is so. The management office directs the unit owners to the governing document, typically the Master Deed, that outlines the maintenance responsibilities of each unit owner as well as the association in a given scenario. Scenario 3: Unit owner E is surprised to find out that they are not permitted to use the pool this summer because they owe money to the association. Although they have received letters referencing the arrears and possible sus- pension of privileges, they now want to see where the association has the right to do so. The property manager directs them to, you guess it, the governing documents, “...community associations are required to provide a fair and efficient procedure for the resolution of disputes...”

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