[kp74]

I have a problem with my landlord and the association and I need your assistance. The property is in North Brunswick, NJ

In June, my landlord received a letter, dated June 16th, stating that I have placed some miscellaneous items (Couple of buckets and a mop stick) on the deck of my rented apartment. My landlord called me regarding this and I promptly removed the said items on the same day. In second week of July, My owner received a first bill for the amount of $400.00 ($25 / day), stating that the subject items were not removed from the deck until June 30th. When my landlord called me, I have informed her that these were items were removed the same day I received her first call. She communicated the same to her property association. Few weeks later, she received another charge of $1000.00 stating the said items were still present up to Jul 19th. The property manager insists that the items were seen long after the items were completely removed from the area.

I have requested my landlord to pursue Alternate Dispute Resolution with her association as the property manager was wrong in her observation. While she is still pursuing the matter, she has mentioned that I am liable for these charges if she does not get favorable decision.

First of all, my landlord did not provide me a copy of association rules and regulations at the time of lease. I am unaware of existence of such rule as this was not considered as a violation in previous two properties I lived at.

Secondly, the items was removed the same day the issue was brought to my attention and my landlord agrees with this.

Finally, even if it is assumed that the items were not removed for few days, these items did not pose any danger to the community as these were within the boundaries of my rented property. Such exorbitant fine is totally unfair for such an minor innocent mistake and equivalent to robbing me

I have written a letter to the association informing them of the above and requesting to reduce the fine to reasonable amount. They denied my request on the grounds that I do not own the property, hence can not represent myself at the association. My landlord does not feel the obligation to take up the matter seriously as she is simply passing on the burden to me.

Please advise how I could get this issue resolved.

Thanks
Krishna

[excon]

Hello Krishna:

Move!

excon

PS> Seriously.

[kp74]

Thanks excon

I am considering moving when my lease expires. My primary concern right now is to avoid the fine, which my owner will deduct from the $1400 security deposit when I move

KP

[excon]

Thanks Excon

My primary concern right now is to avoid the fine, which my owner will deduct from the $1400 security deposit when I move

KP

Hello again, krishna:

My Dear, you've passed from the real world, through the looking glass. You can't represent your interests against the HOA, and the only person who can, won't. And, why should she? It's not HER money. She has plenty of yours to give them. I promise you, as soon as your $1,400 is gone, the fines will stop.

Does that sound like a scam? It does to me. Do I think you can stop it? No I don't, and that frustrates me no end!

excon

[excon]

Hello again, Krishna:

I'm a student of the law. When I moved into a condo, I could not believe then – and still can't today – that HOA's can do that to tenants. But, they can. I was ripped off by an HOA, exactly like you are. I pleaded, just like you are, as to the injustice of it all. But, there wasn't anybody listening.

The people, who run for office in their local HOA's, have nothing better to do than mind everybody else's business. That's exactly WHY they want those jobs. They're fascists, and they get away with it.

At least they did before I drove up. I sued the association, its management company, the president of the HOA, the VP, the Treasurer, ALL the members of the board, and a couple of neighbors I didn't like. Being somewhat legally qualified, I did it all myself – didn't cost me a nickel. Of course, the suit got dismissed two years later (I really had no case), but I never intended to take it all the way to court. I did make them all hire lawyers and cause them to spend many thousands of dollars beyond that which they stole from me.

It made me happy. So, who said I'm a nice guy?

excon

[ScottGem]

Let me get this straight. You are subletting the unit from the owner, correct. You make your payments to the owner not to the property manager, correct? If so, you have no standing with the HOA. The fine has to be paid by the owner, not you.

Now if your actual landlord decides to withhold your security deposit, that would be their decision and you would have to sue them for it. The good news is that, unless they can show a photo of the deck with the offending materials on it and proof of when it was taken, then you win.

What I would do at this point is send a certified letter (notarized) to your owner. Stating that since she had not made you aware that you couldn't put that cleaning materials on the deck and since you removed them immediately upon being informed that they created a violation, then you are not responsible for any fines being imposed by the HOA. You might also suggest to her that she request proof from the HOA that the materials were not removed when you said they were.

It sounds to me like the HOA is not happy about the subletting and they are trying to make it harder for the landlord to sublet. But that should not be your concern. Don't let them put you in the middle. Your dealings are with the owner, not the HOA.

[talaniman]

If I could not have my security deposit after I moved at lease end, Small Claims court would be my first stop. Keep all letters and documents, Judge Judy reads everything.