Hi Mike,

I'm not sure if you still need help with this question, it's been such a long time since you posted. I do know the Association is still active and very much in control. All I can say is, I feel your pain, brother. I am an agent that happens to live and work in Montague. Although, I don't live in H.P.C.C. I do conduct business in it. Well it's been almost a year since you posted and so many things have happened since then. You're probably aware of the problems the association has been having with the golf course, the bridge assessment charge, the issues with the President of the association and the administrator, and so on and so on..........

As far as dissolving the association I agree with Loretta, you do need to retain an attorney. Aside from the legal aspect of it, re-writing by-laws, the owners maintaining the area surrounding the individual properties, garbage pick up, etc....... the monumental task of getting everyone together to a meeting would be enough of a struggle, but convincing owners that they will have to pay out of pocket for services and maintaining would probably be impossible. Not only getting everyone together, but how do you get people together when most of them live out of state?

Just one bit of advice, if you do retain an attorney don't use the local one, he is the associations attorney. Not to say he isn't any good, it's just you would be better off using someone from outside the area, if you know what I mean.

Let me know how you make out.
Take care, Bob Gaffney

Leisure Land & Properties Realty
Robert J. Gaffney - Sales Executive
98 Sparta Avenue
Newton, NJ 07860
Off: 973-293-3267
Fax: 973-293-3567
Cell: 570-228-9126 (primary #)
E-mail: robertjgaffney@hotmail.com
Url: http://www.robertjgaffney.com

Sorry for finding this blog so late. I am very interested in your question. I know exactly where you are located. As previously stated only an attorney can assist you in making a change in association management but before you all do please consider the total picture. If you are unhappy with the association service request a community meeting. Get everyone together and discuss what needs to be done. Dissolving the association means hiring attorney. Rewriting the by laws, in the end it will cost money to vote for or against the association. Once the association is removed all homeowners would be responsible for the items that are taken care of by the association. That means, lake, roads, lawns, garbage, etc.... Since you are in a community with multiple dwelling per unit can you be certain that each unit will take care of their portion of the community? Will it increase or decrease future value of your property? When you do have your association meeting please let me know. I am interested, as a realtor that serves this area ,to know what is going.

Loretta Chiapperino
Century 21 Gross & Jansen Realtors
327 Route 94
Vernon, NJ 07462
973-764-5555
Century 21 Gross & Jansen Realtors is an independent office with 4 location in Sussex County.

Mike,

This is a very large nd complicated issue...one that reaches far beyond the expertise of a real estate professional. Our recommendation is to consult an attorney before anything is "cast in stone."

There are far reaching complications that will result from this action that will effect the ability of people live in the commuity.

Good luck

Condominium ownership is a type of homeownership that differs from others in their legal definition. If you can indeed dissolve the association, you really should be talking to a lawyer that specializes in that area of law. You may have to get approval from the township as well as there may be zoning implications associated with this. Realtors cannot and should not give you legal advice. You would be best served if you contacted a legal expert. Good luck.

Jacobus "Jack" Vollenberg
RE Appraiser/RE Sales Associate
Vollenberg Appraisers/ERA Statewide Realty
Vollenberg@iname.com