HOA property mgmnt contract expired in 2012

[linopp]

Jurisdiction

New Jersey

we have a property mgmnt company whos conract expired in 2012. our lawyer at the time did not bring this to our attention. hr is no longer our lawyer. the mgmnt co has increased their fees 3% every 2 years. can we recoup those increase? can we sue the lawyer? there is no auto renew clause.

 

[adjusterjack]

You have nothing to sue for, and nobody to sue for it.

Nobody did anything wrong to you.

This is all on you (the board members) for not reading and understanding the contract and not paying attention to what was happening after its expiration.

Life lesson from the school of hard knocks.

 

[zddoodah]

our lawyer at the time did not bring this to our attention.

I'm not sure who "our" refers to. Are you a member of the HOA board? Regardless, why would the board need anyone to bring it to your attention? If the HOA was a party to the contract, the board should have known when the contract expired.

the mgmnt co has increased their fees 3% every 2 years.

Seems reasonable.

can we recoup those increase?

Recoup from whom? On what basis? The parties obviously spent 13 years acting as if they had a contractual relationship. Obviously, no one on the HOA board thought the fee increases were unreasonable or objected or otherwise cared enough to review the contract. Presumably (since you didn't say otherwise), the management company performed whatever services the HOA wanted it to perform and the HOA paid the fees.

can we sue the lawyer?

Anyone can sue anyone for anything, but nothing you posted indicates any viable basis for the HOA to sue the lawyer. Unless the parties have agreed otherwise, it's not generally a lawyer's job to tell his client when a contract to which the client is a party is expiring.

 

[Zigner]

I have to wonder if the contract has an automatic renewal clause.

 

[army judge]

we have a property mgmnt company whos conract expired in 2012.

In approximately what month and year did you learn the contract expired in 2012?

You admit KNOWING the contract expired in 2012.
Why did you allow the "no longer engaged firm via contract expiration" to continue collecting your moola?

That MIGHT be problematic for your organization.

Have the powers that be within the HOA ordered an audit of the management company's collections?

Frankly, based upon your recitations/revelations, some might say the powers that be are mismanaging your operation.

I suggest three or four management/controlling personnel consult a local attorney to discuss your concerns. Once you've accomplished that task, it might be wise to retain the services of an attorney trusted by your management team.