How and where to file a discrimination complaint against a condo board?

My condo board has been following different rules for different residents. Some residents (including the board member) are allowed to store kayak’s and canoes in the garage, while others are not even allowed to store small non-inflammatory items like shopping carts. After numerous complaints and discussions, they have turned a deaf ear and refer to by-laws at every opportunity. I have few residents who are ready to sign a petition against this practice.

Asked on October 20, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A discrimination suit against the board of directors by you concerning what you have written does not seem to be a proper vehicle at this time. Rather, you need to carefully read the association's bylaws as well as the recorded covenants, conditions and restrictions concerning how to remove the directors of your association.

I suggest that the best way to start your plan of attack is for you and other residents who are unhappy with the board of directors for your homeowner's association to retain an attorney well experienced in this area of the law to assist you in your start.

The documents that I have referred to should set the groundwork for the plan to remove the directors who are not following the requirements that are recorded as to all units in your complex.

Good luck.


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