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In New Jersey is not paying your HOA / Condominium's monthly fees a breach of contract with a 6 year statute of limitation?

East Brunswick, NJ |

Who: Home owner
What: Is this affected by the statute of limitations rules? Unpaid HOA Condominium's monthly fees for the past 6 years.
Where: East Brunswick, NJ
When: Past 6 years

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Attorney answers 5

Best Answer
Posted

Technically it is. But, this is an ongoing violation so the statute of limitations never starts to run. As long as there is a delinquency and the dues are not up to date a suit can be brought.

Asker

Posted

Can you state the law the exempt Homeowners Associations from the statute of limitation?

Posted

Generally speaking, it falls within the 6 year SOL. However, I would need more information before I could provide you with a complete response.

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Posted

Generally, HOA's place a lien on the property long before they try to sue to collect the fees, knowing that the fees will have to be paid if and when the property is sold. The development's Master Deed and By-Laws outline the HOA's rights as well as it's procedures in such situations.

Posted

Each failure to pay the monthly dues would be considered separate breaches, and each future breach would allow the HOA to recover the entire debt. Plus HOAs usually file liens on the property long before the statute of limitations becomes an issue. These, of course, are general statements. You should consult with an attorney for a thorough evaluation f your specific case. I wish you the best.

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Asker

Posted

Can you state the law the exempt Homeowners Associations from the statute of limitation?

Adam Lefkowitz

Adam Lefkowitz

Posted

It's not that the HOA is exempt from the statute of limitations, it's that each month when you fail to pay represents a new breach. So the clock on the statute of limitations is reset every month. You should consult privately with an attorney to discuss the specific facts of your case and to plot the most appropriate course of action.

Posted

I agree with all if my esteemed colleagues. More information would be necessary with you particular case. However it is also true that the continual breaches of failing to pay the how would extend the sol.

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