Residents of Harmony Farms in Jackson Township are running to court seeking recognition of their newly elected HOA Board.
A judge has just agreed to hold a hearing on their petition, FAA News has learned.
The homeowners association of Harmony Farms was created by the original developers back in 1986. It incorporated approximately 180 lots.
At the time, the original developers collected the HOA fees and maintained the common areas.
Paragraph 3.02 of the bylaws states “ -If the Initial Trustee... ceases to exist... a Successor Trustee may be designated by the governing body of Jackson Township... if said governing body does not designate a Successor Trustee within... 90 days, the Lot Owners, by majority vote or consent, shall have the right and obligation to designate a Successor Trustee..."
During construction of the homes, the association of Harmony Farms went bankrupt and ceased to exist. The Township of Jackson designated Mr. Sal Caso, owner of U.B.E Inc, as the manager of the association of Harmony Farms.
Fast forward to March 2022. New homeowners got together to set up an election to elect a new board (effectively to seize control from Mr. Caso).
Mr. Caso sent these homeowners Cease and Desist letters threatening them with legal action if they continue with there efforts to hold an election. In response, the homeowners backed off for a year.
In June 2023, the homeowners sent a letter to Mr. Caso, asking him to conduct an election to elect a new board. Mr. Caso has not responded.
At that point, the homeowners charged on.
In the month of August, more than 30% of the homeowners of the Harmony Farms association signed petitions seeking an election for the appointment of a new Board of Directors.
On August 15, 2023 a letter was sent to the Township of Jackson and Mr. Caso, stating:
“Currently our HOA of Harmony Farms has no board. Pursuant to 45:22A-45.1 & 45:22A-45.2, an election shall be held if the homeowners petition to do so. Attached are signed petitions of more than 30% of the homeowners of the Harmony Farms association who approved an election of a board of directors. Pursuant to 45:22A-45.1 & 45:22A-45.2, an election shall be conducted within 90 days. In the next couple days, I will notify you of the timeframe of the election.”
Mr. Caso and his attorney have not responded to this letter.
In the beginning of the month of September 2023, election ballots were distributed to all homeowners of Harmony Farms.
On September 14th, 2023, after election ballots were distributed, Mr. Caso, and his attorney sent letters to all homeowners claiming that the election we have called for is illegal. He further claimed that he is going to hold his own election. He did not specify a date for his election.
On October 17, 2023, the vote was counted and the new board had its first meeting. All homeowners were properly noticed of this first meeting. The meeting was open to the public and was recorded and posted online.
On October 25th Mr. Caso and his attorney were notified of the decisions of the new board at its first meeting.
The following was decided by the new board:
1.All monies belonging to the Harmony Farms HOA shall be transferred to the new board.
2. U.B.E Inc is not to enter into any contract with any vendor without our prior written consent.
3. We do not object to U.B.E Inc holding another election as long as it is held as soon as possible. U.B.E Inc shall give us their timetable for the election process.
4. U.B.E Inc shall not bill the residents of Harmony Farms any annual fees without our prior written consent.
The said letter stated “For all legal intents and purposes, should we not receive a definitive response from you by the close of business on the upcoming Monday we shall interpret your absence of communication as a refusal of our requests.
Mr. Caso has still not yet responded to this letter.
On October 30, 2023, Mr. Caso again sent out letters to all homeowners claiming that the election the residents of Harmony Farms held was illegal, and further claiming that he is going to hold his own election. He did not specify a date for his election.
As previously reported here on FAA News, the homeowners recently filed a Complaint in New Jersey Superior Court in Ocean County, alleging:
Mr. Caso is using his position to subdue a legal election of people who wish to be self- governed. His letters are pure intimidation so he may cling on to power.
U.B.E Inc. does not answer to the homeowners as U.B.E Inc was never elected by the homeowners - nor does U.B.E Inc answer to the Township of Jackson hence U.B.E Inc does not have any oversight whatsoever.
Mr. Caso is a dictator, for all means and purposes, who is doing all he can to prevent me and the residents of Harmony Farms from governing ourselves.
Mr. Caso wants to stay in power and keep his hefty salary with all the benefits and perks that come with it.
Until the new election ballots were given out, Mr. Caso had no interest in holding an election, nor had he ever had the intention of holding one. He used bullying tactics in March 2022 so to keep the homeowners from holding an election, and he continues to use such tactics so to keep the homeowners from holding an election.
Mr. Caso is using stall tactics by sending out letters claiming he is going to hold an election in the future on an unknown date. Mr. Sal Caso’s intention is to buy time hoping the homeowners will give up, just like they have given up in 2022.
The 8-count complaint alleges: 1) Breach of Contract, 2) Breach of Good Faith and Fair Dealing, 3) Tortious Interference with Contract, 4) Breach of Fiduciary Duty, 5) Fraud, 6) Negligent Misrepresentations, 7) Harassment, and 8) Defamation.
The complaint also seeks the following immediate injunctive relief:
1. Mr. Sal Caso & U.B.E Inc may not use monies belonging to the Harmony Farms association for things that do not need immediate care.
2. Mr. Sal Caso & U.B.E Inc are not to enter into a contract of more than 30 days with any vendor until an adjudication is issued by the court.
3. Mr. Sal Caso & U.B.E Inc shall not bill the residents of Harmony Farms any annual fees or other fees until an adjudication is issued by the court.
4. Mr. Sal Caso & U.B.E Inc shall not pay for this lawsuit from monies belonging to the Harmony Farms association.
The matter has been assigned to Judge James Den Uyl.
Judge Den Uyl has just granted a hearing on the petition. The hearing is set for Friday, January 5, 2024. Judge Den Uyl also ordered Mr. Caso to file a written response prior to the hearing.
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