Do I Have A Small Claims Case?
Location: New Jersey
I moved into a new home in May with an HOA. I have a community mailbox outside each with individual lockers for mail. During September, the lock broke and I was unable to open the box with the key to which I emailed the HOA for guidance.
Email thread as follows:
Me: I was reaching out to see if I could get some assistance with my mailbox. The lock to the box gets stuck and will not take the key. Today I tried to get into the box but it would not take the key at all. Thanks for any help you can provide.
HOA: You will need to contact a local locksmith to help you with your lock.
So I did just that, I had a locksmith come out one night and remove the lock, but was actually unable to put the correct lock on. When doing this I was charged $350 for the service. Naturally I was pissed, but the technician made the comment that normally HOAs assist with replacing the lock.
I reached back out to the HOA and again they were unable to verify what the policy was, to which I reached out a third time and spoke to the property manager directly and she said I was to go to the USPS office and obtain the new lock. I did just that to which the post office told me the HOA is responsible to let me know I am entitled to a new lock and to direct me to the post office. I went through my HOA docs and was unable to find anything in the rules and regs about obtaining a new lock from the USPS let alone who is responsible for the mailbox.
Now I called the HOA annoyed because I spent the $350 for a lock I couldn't use and didn't need. I am asking that they deduct what I paid into my association fees and they're giving me the run around that it's not their responsibility when I literally have it in email they told me to get the locksmith. My property manager said she's been in contact with the association about issuing credit, but is also asking me for an itemized receipt, despite me provided an invoice for the service. She's even asked me to threaten the locksmith with a small claims court case.
My question is...who is responsible. Me, the locksmith, or the HOA rep who gave me the wrong information and do I have a case?
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