CAI-NJ Sept.2018(w)(1)

THE LAW... from page 29.

Our association’s law firm not only han- dles financial matters like collecting delin- quent accounts, it is usually called in when personal disputes arise among residents or res- idents and the board. At times the nature of the dispute requires knowledge of the law beyond what the

sense of reassurance by the board members that any legal questions that need to be answered regarding the board’s responsibilities are handled by a legal expert specializing in condominium association law. As financial guardians of the association’s residents, the board pays particular attention to the status of delinquent monthly maintenance accounts. For our monthly board meet- ing, our law firm prepares a Collection Status Report on those unit owners who are at least 3 months delinquent in their monthly payments. This report details each legal step up to the present time that the association’s law firm has taken to secure payment from the delinquent unit owner. Letters requesting payment, liens, and foreclosure motions are all actions that the board votes on before our law firm proceeds with any action. As board members, we have a fiduciary responsibility to all unit owners to ensure that everyone is paying their share of the association’s total monthly maintenance. Non-payment by any unit owners negatively impacts the overall financial condition of the association.

“Letters requesting payment, liens, and foreclosure motions are all actions that the board votes on before our law firm proceeds with any action.”

board and community manager possess. Even when there are dispute resolution procedures in place, it is customary for the board to rely on our law firm to oversee the multiple steps required. It is critical that the board members, com- munity manager, and our law firm are on the same page as the dispute resolution process is put into place. Since there are multiple ways under the association’s by-laws that a dispute can be resolved, it is very important for the board to get legal guidance concerning the different options

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