QUESTION

Association not fixing damages since the Hurricane

Asked on Jan 08th, 2013 on Landlord and Tenant Law - New Jersey
More details to this question:
My association is responsible for repairing exterior damage to homes. My home lost the siding and suffered roof damage since SuperStorm Sandy, over 2 months ago. The association is giving is the runaround and has not fixed the problem yet. How long do they have until they must fix it? What options do we have? Can we stop paying monthly dues until they fix what they are responsible for?
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1 ANSWER

Alternative Dispute Resolution Attorney serving New Brunswick, NJ at Colby & Associates, LLC
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Landlords (and similarly housing associations) are given time to resolve such issues based upon a reasonableness standard. So for instance, if a tenant notifies the landlord that the building is without heat, the landlord is expected to have someone repair the heating very soon after he or she is made aware, typically within a day or two. On the other hand, if a tenant notifies the landlord that the shower has a slight leak, the landlord may have a week or two to have a repairman fix the leak. Given that your association has taken several months, this seems outside of the time a reasonable landlord would take. Your options are (a) bring a suit to force them to do the repairs, (b) make the repairs yourself and either file a suit to recover the costs or withhold the costs from the dues, or (c) stop paying the dues entirely to force the association to make the repairs. Each of these options requires certain notification requirements, so you may want to consult with an attorney before exercising any of them. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey
Answered on Jan 20th, 2013 at 6:17 PM

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