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Montague : Real Estate Advice

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Activity 2
Thu Jul 16, 2009
Robert J. Gaffney - Mountain Resort Properties, Inc @ Crystal Springs answered:
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 #)
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Sun Sep 28, 2008
Jim Stilwell answered:
Why are you trying to dissolve the association. It is simply the legal organization that handles all of the business of maintaining your commonly owned property as required by your covenants. Is your beef with the association, or is is with the covenants. If you get rid of the association how would you propose to handle the maintenance needs of the common areas - roofs, piping, electrical, grounds, etc. Some sort of legal framework must be in place to accomplish all of this.

You will need legal advice to do this; but more importantly, you will need the super-majority support of your co-owners as required by the governing documents.
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