A New Jersey Condominium Litigation Attorney Will Advocate On Your Behalf
Condominiums are one of the most complex types of real estate ownership. They involve overlapping interests between the individual unit owners and the unit owners association, which can make it difficult to determine who might be responsible for a particular obligation. They are governed by membership boards composed of lay people who often have little or no training and who are responsible for interpreting and applying the association’s governing documents and administering a multi-million dollar budget. Disputes with unit owners, breach of contract claims, and developer litigation are just some of the issues condominiums can face. Whether you are a unit owner or a board member, you need a New Jersey condominium litigation lawyer who understands this complex, nuanced area of the law that goes beyond civil litigation or basic principles of real estate law.
You also need a lawyer who understands the complex environment in which these cases arise – an environment where the litigants may actually be neighbors, and the membership funds the litigation through its assessment payments. New Jersey condominium litigation attorney Daniel P. Silberstein understands the delicate dynamics involved in these cases and also has deep knowledge and extensive experience in handling complex condominium litigation matters.
Condominium Litigation Claims Against Unit Owners
The condominium’s governing documents impose several obligations on the unit owners by virtue of their ownership. These obligations include the obligation to pay assessments, maintain their unit, and refrain from disturbing the rights of other unit owners. These obligations are mandatory by virtue of their ownership and cannot be waived. Unfortunately, unit owners often fail to comply with their obligations under the governing documents and, in some cases, even refuse. A New Jersey condominium litigation lawyer can help with the following types of cases:
- Covenant and rule violations
- Assessment collection and enforcement
- Nuisance cases
- Maintenance violations
These cases can involve complex legal issues and questions concerning how the governing documents should be interpreted. Even seemingly minor cases can erupt into high-pitched, lengthy disputes that can spiral out of control if not handled carefully. An experienced New Jersey condominium litigation attorney can help you resolve these disputes quickly and cost-effectively.
Litigation Against the Condo Association in New Jersey
Condominium litigation can also involve claims against the association. In addition to the obligations imposed on owners, the association and its board also have legal responsibilities that can be enforced. Boards of directors, for example, have a legal duty to act in the best interest of the association. A New Jersey condominium litigation lawyer can assist you with the following types of claims:
- Breach of fiduciary duty claims
- Disputes between board members
- Claims against association employees and managers
- Failure to perform maintenance
- Insurance claims
- Covenants disputes
Many condominiums are multi-million dollar entities that have considerable legal and financial obligations. As a result, these claims tend to be far more complex than many people realize and often involve nuanced interpretations of the association’s governing documents and the statutes that govern condominium associations.
Third-Party Condominium Litigation
In addition to claims involving unit owners and the association itself, A New Jersey condominium litigation attorney can assist you with claims against other parties involved with the association. For example:
- Developer claims such as breach of warranty or construction defect claims
- Breach of contract claims against vendors
- Management agreement disputes
- Insurance coverage disputes
- Shared maintenance responsibilities with neighboring entities
Depending on the size of the condominium, these claims can involve significant amounts of money. Unfortunately, many boards make the mistake of waiting too long to seek legal counsel, potentially jeopardizing their claim. An aggressive lawyer with experience in handling condominium claims can cost-effectively protect the condominium’s rights while delivering the results you need.
Contact New Jersey Condominium Litigation Lawyer Daniel P. Silberstein Today
Condominium disputes are often multifaceted issues with numerous angles that need to be carefully considered. An experienced New Jersey condominium litigation attorney can help you assess the potential cost of litigation, the possible outcomes, and the possible impact of these factors upon the association. In addition to the legal and financial implications, they can help you navigate any questions or controversies you may face from the membership. Whatever claim you may be facing, we can help you start moving forward. Contact us today by either phone or email to discuss your issues and how we can help. Our office is conveniently located in Union County, New Jersey, and we serve clients in Newark, Elizabeth, and more.