Well when you look at how much I overpay each month it is not a huge discrepency but when you total that over 4 years, add in a tax overpayment over 4 years, as well as, several thousands more than I paid than other similarly situated unit owners for a multi million dollar assessment then yep it is pretty worth every bit of energy fighting it. Also keep in mind the current state of the market so now may not be the best time to sell so I could rent it while I 'wait the market out' so to speak and in the interim we could be hit with another huge assessment for any number of things that may break or need repair in an older building.

I was advised by an attorney that I will have a duty to disclose prior to a sale to protect myself from being sued. So yes this rock and the hard place is not the most comfortable seat in the house.

I don't have the exact percentage over that I believe myself to be paying based on the purportedly incorrect master deed, however, it is considerable when you take into account that there are 4 apartments in my line with 200+ SF than my unit (one of those 4 apts is on a higher fl than me) and I pay more than all of them.

I did not purchase from the sponsor but from a private owner and in fact the sponsor (who I believe to be deceased) has not been involved in this bldg for over 20 years.

My apartment has no special amenities that would account for the disparity in the percentages in the purportedly incorrect master deed other than the fact that I do have a truly spectacular view, however, so does the apartment directly above mine and that unit has 200+ SF more than my unit and pays less in common interest expenses than I do!!!
In NYC common interest percentages are usually based on square footage, or amenities, or a combination of both taking into account slight increases for height, view, outdoor space, etc. I have yet been able to get a straight answer as to why another apartment in my line, on a higher floor and with a presumably better view with 200+ addt'l SF pays LESS in common element expenses than I???

have been the court route and plan to be there again if this matter cannot be resolved in a way that makes it FAIR AND EQITABLE for ALL OWNERS! What galls me is that supposedly previous Boards have known about this issue for quite some time and yet the purportedly incorrect master deed was never corrected. What also galls me is the fact that unit owners who may be negativeley affected by the purportedly incorrect master deed are also paying more than their fair share of property taxes as the tax assessor's office utilizes the perecentages found in the master deed to calculate each unit owners yearly tax payment.

I will probably wind up renting my unit out because it is very clearly the large pink elephant in the room and hope that one day this issue gets resolved fairly.

One of the unit owners in my building made an excellent suggestion at a recent association meeting that the building file a petition (not sure of the exact vernacular that was used) with the Chancery Division requesting the right to amend the percentage of unit owners required to vote affirmatively to make changes to the master deed or vote on major non-emergency capital improvements or upgrades.

So now I sit between my rock and my hard place and ponder my next moves.

Hi yes it sure is...I purchased my unit in 2004 and found out 2 months after I closed that the building's facade needed to be repaired and the following spring is when I found out that the Master Deed was purportedly incorrect. I would love to sell my unit, however, I have a duty to disclose and how many people truly want to buy an apartment in a building where they would be paying more then any other unit in the line? Additionally it is an older building and things break so who wants to pay more than their fair share in an assessment, real estate taxes, monthly maintenance, etc.

It is a shame really and the entire process has made me extremely disenchanted with how condominiums in NJ are run and also in the NJ legal system.

So if I can give any potential condo real estate buyer advice it is to very, very carefully go thru the master deed docs and make sure that the percentages for common interest expenses are fairly distributed AND that a clear explanation as to how those percentages were developed is in the master deed.

If you are thinking of purchasing here make sure that your attorney goes through the Master Deed percentages with a FINE TOOTH COMB as the Master Deed is purportedly incorrect.

In 2005 the building had a multi million dollar assessment to repair the facade and when the percentages/amounts that each unit owner would be responsible for paying were made public in a monthly association meeting I noticed that the amount I was paying was more than any other apartment in my line, including those apartments on a higher floor and also those apartments in my line with an extra 200+SF.

I subsequently sued, however, the Judge felt as though he could not rule in my favor as I did not join other parties and many units are negatively affected due to the purportedly incorrect Master Deed. What makes this particular issue frustrating is that it would take a 100% vote of the association to amend the purportedly incorrect Master Deed.

And not just for this building but for any other make sure that your attorney goes through the percentages with a fine tooth comb but also makes sure that the rationale as to how the percentages were made are very clearly spelled out in the document. Sometimes buildings use square footage, new buildings may upcharge for amenities such as fireplaces or chef grade appliances, some buildings will have an increase by floor to take into account the view.

I now know more about Master Deeds than I ever want to but would know how to protect myself moving forward...however I will never purchase in a condo again.

Ahhh funny that you should ask....

Yes several former Board Members were positively affected by this but in the spirit of being fair...several former Board Members were negatively affected by this.

At this point what it needs to be is Fair & equitable for everyone...period.

My blood pressure goes through the roof just thinking about it.

We went to court on this issue on May 19, 2008. The Judge was trying to get both sides to resolve and settle it.

I was asked what I wanted which was and has always been to have the building resurveyed and the purportedly incorrect master deed corrected; the response of the defendant's was that it would be done only if I personally paid for it.

I then asked it the Board would Host an open meeting for all of the members of the association explaining the facts and allowing the association to vote on it and was then told no, the Board had made a decision and was sticking to it.

I voluntarily withdrew some of my claims in order to preserve my equitable claim which is to have an equitable reformation of the Master Deed. In the interim I have found out that over 70+ unit owners are negativeley affected by the purportedly incorrect Master Deed. And yet the Board REFUSED to present the issue in an open forum to all members of the association and vote on it. It is just one of those things that makes you go HMMMMMMM.......

I will continue to fight because I believe it is unfair and am considering my legal options for moving forward at this point. What actually amazes me is that apparently unit owners in this building have known about this issue for YEARS, previous Boards have known about the issue and yet NOTHING was done about it.

Signed: Pissed Off Owner at 2600 Kennedy!

PS if you know anyone who is thinking of purchasing here definitely inform them of this issue.

Thanks for the info. I am actually involved in litigation as we speak. I will post with the eventual outcome. Great building, unfortunate situation.

Due to some unforseen delays...blah blah blah...at least through the end of the year I would say. Along with the delay came interior damage to many units and common areas as well.

Thanks for the history, I never knew that. It is a shame that the work on the facade has taken so long; in NYC this would have been considered a local law 11 project and had the work dragged on this long the city would have probably imposed major fines. There was so much damage to the facade it makes me wonder who was minding the shop...

Any thoughts or advice on the incorrect Master Deed? There are owners at 2600 who are concerned and upset but yet wonder where to turn when the Board has said that they have no intention of amending at this point until and unless ordered by a court of law. I would love to sell but would have to disclose to any potential buyer the purportedly incorrect master deed...who would really buy into a situation like that...especially in this market with properties a plently. Had you heard about this issue at 2600 before?

It is crazy. Many, many units are affected negatively but the building says it does not have the money to correct it right now...the association has been dealing with a facade repair for 2+ years now (perhaps you have noticed the scoffolding in front of the building since 2005). I am just at my wits end. I live in a line in which half of the units in that line are just over 1200 SF and the other half are over 1400 SF and yet I pay the most in common expenses of anyone in the line. There are MANY other units in the building that are similarly affected. It is ironic that the building is named after JC's corrupt former mayor...unfortunately I am on the short end of the irony right now.

Hi: I live in the Hague Building at 2600 Kennedy in Journal Square and the buildings Master Deed is purportedly incorrect...the schedule of common expenses does not equal 100%. Additionally many of the smaller units in the building are paying more in common expenses than the larger units. I am currently involved in litigation with The Board and Condo Association. Has anyone ever encountered this with their building? Or does anyone know of anything similar happening at any other building in Jersey City and what was the outcome? Also new buyers are moving into the building and the association is not informing them that the master deed is purportedly incorrect. Thanks. I appreciate any responses.