Is my HOA outrageous and is it worth to consider suing them?

[Yangyang Jin]

Hi everyone, I would like to get your advice on how to deal with an outrageous HOA issue I am facing right now. I own a unit in cental NJ, and have been a owner for over 10 years now, always good with HOA payment, not once a late payment. Recently the HOA sent a outstanding balance of over $2000 to a debt collection, which consists of fine $1400 and interests. In my opinon, the HOA failed to execute and communicate with owners effectively, and then put all the burden on the owners for not sending in certain information on time.

The HOA requires owners to send in invoices of fireplace inspection every other year, 2022 was that year. I had done the inspection in November, but the tenant lost the invoice and I have just been trying to get the invoice since December 2022. The service company who did the inspection do not store the receipt and just can't provide the invoice. The HOA used a platform to send communication emails to inform me about the missing invoice for my property, they were not addressed to my name, or in the title of what the email is about, mixed in with newsletters and mass communications, they fell off my attention list. The next thing I know, they sent a mail back in March, asking for $1400 fine because I didn't send in the copy of invoice. I tried to reach out to the property manager, asking for clarification and wanted to explain the situation. Never gotten the reply back either. Then in June I received a debet collectio note saying that I owe $2000. I sent in proofs of the text message between myself and the tenant of the inspection schedule in 2022, and my asking for invoice, and the check I made to the service company. As well as my compromise of re-do the inspection again in June so I can get the copy of invoice to HOA for their record. They declined to waive the fee and ask to pay for the fine. I told them that I refuse to pay the fine and will have my attorney talk to them. But I wanted to ask you, what would you do? And what is your opinion? Is it worth to go through the sue process of HOA in NJ？ I would rather pay the $2000 to my attorney instead of the HOA.

[Richard F.]

Aloha,

Sorry, on this one, in my opinion you are Guilty! You knew about the requirement. You failed to properly review your emails where the HOA did, indeed, send reminders. Unless local law or your Governing Documents REQUIRE this type of notification to be sent by regular mail, they likely fulfilled their duty. It is simple enough to set up an additional email address that you only provide to the HOA. That way their notices do not get lost among hundreds of other unimportant messages. I understand their choice of "Subject" was poor, but that is not likely to matter to a Judge. They will likely state that ALL of their emails are "important", as they are only related to the HOA.

Aside from all of that, there simply is no excuse for the original vendor to be able to provide a copy of an invoice, BUT, there is also no excuse for not having your original...what do expect to make a tax deduction with?

Check local HOA law and your Governing Docs, you probably will be required to go to mediation and/or arbitration rather than small claims court, at least initially.