Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Any unit owner may file a complaint with the Department concerning any matter
subject to the rules at N.J.A.C. 5:26-8.8 through 8.13.
1. Such complaint shall be in writing and
shall be on a form approved by the Department for this purpose. It may be
submitted electronically through the Bureau's website, mailed to the address
below, or submitted by fax. Physical copies of the required complaint form may
be downloaded at (website to be added upon adoption) or requested through the
Department at:
Association Regulation Unit
101 South Broad Street
Post Office Box 805
Trenton, New Jersey 08625
Telephone: 609-984-7574
Fax: 609-292-2839
2. The complaint shall include a clear,
factual statement of the issue and shall include any applicable documentation
to support such statement. The Department shall not conduct a review until the
complaint is complete.
3. The
complaint must be submitted at least ten business days prior to any scheduled
upcoming election in order for the Department to issue any relief as to that
election. Upon receipt of the complaint, the Department shall complete a review
of the complaint and make a determination of the appropriate action as set
forth in (e) below.
(b)
The Department shall review and evaluate the complaint to ensure compliance
with this subchapter. The Department may be in contact with the association and
unit owners for clarification of any matter disclosed in the complaint.
1. Upon receipt of the complaint, the
Department shall make a determination as to whether relief may be enacted for
the immediate upcoming election or will apply to prospective elections. The
Department shall so inform the complainant.
2. Upon completion of the review, the
Department shall provide a report to the complainant as to the actions taken in
regard to the complaint.
(c) Nothing in this section shall prevent the
Department from instituting an investigation on its own initiative.
(d) Unit owners who believe that the
association is acting contrary to this chapter or any applicable law, may
petition a court of competent jurisdiction for relief at any time without
filing a complaint with the Department.
1.
When a complaint is filed in a court of competent jurisdiction, the Department
shall be provided with a filed copy and then the Department shall hold its
action in abeyance pending the court decision.
(e) The Department may levy and collect fines
and may issue penalties as set forth in N.J.A.C. 5:26-11.
1. For associations that are controlled by
unit owners, the Department may issue cease and desist orders, may issue a
monetary penalty, may transmit the case to the Office of Administrative Law, or
may file an action in the Superior Court.
2. In addition to the penalties listed above,
for associations that are controlled by the developer, the Department may issue
a revocation of registration.
