Can i take my HOA to small claims court in NJ to challenge my maintenance fees because they refuse to have an accountabt look at books?
Answer
No. Small Claims Court is for money damages less than $3k. You are asking for specific performance of a contract which you can bring in the Civil Part of Superior Court. You will have to show that the HOA bylaws require the audit or that they permit an audit at member expense which has been refused..
See also: http://info.corbettlaw.net/lawguru.htm
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