Association Lawyers in New Jersey

The Community Associations Institute (CAI) is a national, non-profit organization dedicated to providing the education and resources necessary to foster vibrant, responsive, competent, community associations and helping them promote harmony and responsible leadership.

Scott Penick, Esq discusses Contracts for Insurance-Covered Repairs

Crime pays and crime in community, condominium and co-op associations can pay handsomely – hundreds of thousands of dollars, if not more.

New Jersey, along with many other states, has adopted a Smoke-Free Air Act (the “Act”) that bans smoking tobacco or electronic cigarettes in the workplace and in indoor public places. Most people are aware that this ban extends to restaurants and stores, but the definition of “indoor public place” also includes an “apartment building lobby or other public area in an otherwise private building.”

In the fall of 1994, international tennis star Vitas Gerulaitis died while staying in the guest house of a Long Island Estate.  His death was caused by carbon monoxide which came from a faulty heater.  Some sources estimate that carbon monoxide is the number one cause of death by poisoning in the United States.  Further estimates suggest that in excess of one thousand people per year die from exposure to high indoor concentrations of carbon monoxide.  In addition, even if carbon monoxide levels are not lethal, headaches, nausea, fatigue, dizziness, brain damage and aggravation of heart problems may occur.

New regulations regarding the use and operation of swimming pools were recently added to the New Jersey Public Recreational Bathing Code and became effective January 16, 2018. Included in these new rules and regulations are a number of updated first aid and lifeguard requirements that community associations should be aware of.

Alternative Dispute Resolution – commonly referred to as “ADR” – has been an especially hot topic for community associations since the New Jersey Appellate Division’s 2012 decision in Bell Tower Condominium Association, Inc. v. Haffert. In that case, the Court held that “housing-related disputes” under the Condominium Act include disputes over the validity of special assessments for repairs and improvements to the common elements.

Putting lipstick on a pig makes the animal no less a pig. Cladding the lobby in marble and installing fancy fixtures makes an old building no younger. 

Patricia Hart- McGlone, Esq. talks about Lessons Learned from Super Storm Sandy.

Is Your Association Considering a Large Project? Will Your Association Need to Borrow Funds to Complete the Project? If so, is the Project Properly Approved?

Marlena S. Miller, Esq. discusses Bankruptcy.

Access Property Management

Eric Koehler, Vice President of Falcon Drone Services and Fran McGovern from McGovern Legal Services along with Access Property Management presented the benefits of using drones in community associations on Wednesday April 12. The demonstration was open to both board members and property managers in the Hills Communities. All were excited to see how the new technology worked. The presentation provided a demonstration of the drone in use. All participants were encouraged to provide comments and questions. 

Today, January 9th 2014, the New Jersey State Senate passed the "Manager Licensing Bill". 
The bill will now go to the Governor for his signature.

Damon M. Kress, Esq. talks about your Association's Immune System

Passing a leasing amendment is desirable because it helps to maintain the quality and character of the community.  A leasing amendment benefits a community in two main ways: 1) by providing an association with a means of evicting nuisance tenants and 2) by enabling the association to collect rent directly from tenants when unit owners become delinquent.  A leasing amendment will also pay for itself in the time and money saved in these two scenarios.

In an October 21, 2016, published decision titled In Majorca Isles Master Ass'n, Inc., 560 B.R. 824 (Bankr. S.D. Fla.) (“Majorca Isles”), the United States Bankruptcy Court awarded a Florida Master Association with an incredible $16.3 million judgment against a developer and its appointed trustees, in what the Court described as a “modern day story of David and Goliath.”  Setting aside the transition aspects of the case, the decision provides an excellent guide for boards and property managers – particularly those involved with master associations – facing issues of poor record keeping and conflicts of interest.

Chances are your Association doesn’t have spare money lying around.  Chances are your Association has five or more “regular debtors” – the ones who are on the arrearage list year-in and year-out.

May a Home and/or Unit within an Association be used for a business purpose and, if not, what would constitute a prohibited business use. Many Associations' Master Deeds or Declarations contain provisions that purport to prohibit Association residents from conducting any business in their homes.

On July 13, 2017, the State enacted P.L. 2017, Ch. 106 often referred to as the Radburn bill, a supplement to the Planned Real Estate Development Full Disclosure Act intended to ensure Condominium, HOA, and Cooperative elections are conducted in a fair and open manner.  The new Law contains important new procedural and substantive requirements for: (1) Membership Voting Rights; (2) Board Elections; and (3) Bylaw Amendments.  Management and Boards must navigate these new requirements carefully, else they may face costly challenges to the validity of Association elections and Bylaw Amendments.

It happens every winter. The Association is hit with yet another bad snowstorm. The snow removal crew arrives early and is attempting to clear the snow faster than it falls.

Michael R. Polulak, Esq. discusses Age Restricted Communities

In Birch Glen Condominium Association, Inc. v. Boahene, the motion judge denied the association’s motion to sell the unit because the mortgage company was in the process of foreclosing and the motion judge did not believe the association should be able to sell or rent the property after the mortgage company started the foreclosure process.  On appeal, we successfully argued and won a reversal of that ruling and affirming the right of associations to sell units to satisfy money judgments, so long as the debtor has no other personal assets.

The Common Interest Community Manager Licensing Act is close to being law: What does it mean for you?  As many people already know, the Act provides for the licensing of common interest community managers, but what you may not know is that it also creates a Common Interest Community Board, provides accounting and insurance requirements and mandates continuing education.  Below are answers to a list of frequently asked questions.

Senate Bill 3233/Assembly Bill A1425 from the 2016-2017 Legislative Session was signed into law by Governor Christie on January 16, 2018.  Unfortunately, per the Assembly Judiciary Committee Statement, and with very limited exception, “a municipality will only be able to require developers to post performance guarantees that cover improvements being dedicated to a public entity”.  

What happens when a unit is in collections and then upon a title search, we determine there is no mortgage on the property?

This is a common situation when the property was bought a long time ago, and the debtor recently fell on hard times or the debtor is a relative that inherited the unit from the deceased owner. Although the mortgage is paid, the debtor cannot pay their monthly maintenance fees.

The most common arrangements for retaining attorneys are hourly, retainer, task based, contingent fee or mixed-contingent. An attorney's 'out-of-pocket' expenses must be paid in addition to the attorney's fee.

The transition process involves an engineering evaluation of the Association’s common elements to determine if there are defects.  The engineer’s evaluation  typically identifies defects within the site improvements, for example, the landscaping, roadways, sidewalks, detention basins, etc.  These site improvements are often subject to performance bonds with the municipality.