Association Lawyers in New Jersey

Associations should calendar their FHA expiration dates and contact their attorney about six months prior to expiration. Recertification can be obtained up to six months before a current FHA certification expires; so calendaring this date can help an association avoid any lapses in certification.

Defendants in Construction Defect Case Lack Standing to Enforce By-Law Provisions Intended for Unit Owners’ Benefit – Membership Ratification is Effective

"Interest” and “late fees” are different things.  Governing documents may provide for interest and/or late fees.  Judges are sensitive to the difference. 

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.

1.         Do not sign the contractor's proposal.
2.         Have an attorney prepare anything larger than a nominal contract.
3.         Make sure any conflicts of interest are fully disclosed and acknowledged in writing.

In Etelson v. Shore Club Urban Renewal LLC, a Hudson County jury found that the developer, the LeFrak Organization, Inc., Newport Associates Development Company and James LeFrak violated the Consumer Fraud Act and Planned Real Estate Development Full Disclosure Act ("PREDFA") in their advertising and marketing of a luxury high rise riverfront condominium in Jersey City (Shore Complex, North and South Towers).

It’s common knowledge that Burlington County Chancery Judge Karen L. Suter has not been receptive to Associations’ applications for appointment of rent receivers.  This has been true even when a unit is abandoned, vacant and worth less than the balance of the mortgage.  Nevertheless, we believe that Judge Suter and New Jersey’s other Chancery Judges will, in the proper circumstances, continue to grant Associations’ applications for appointment of rent receivers.

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.

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.

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.

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. 

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. 

October 27, 2007 CAI-NJ Conference and Expo - Refreshing Insurance

1. Cultivate a Relationship with the Association's Insurance Representative

Insurance representatives make their living selling insurance and maintaining accounts. They are professionals and should be a part of the Association's professional services team. Association boards should be familiar with their insurance representatives and use them as a resource. Too often, board members do not even know who their Association's insurance representative is until a problem arises.

1. REASONS FOR RULES AND REGULATIONS

a) PRESERVATION AND ENHANCEMENT OF PROPERTY

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.

Become a Notary: It Helps Your Association! It’s Easy! It’s Cheap!

By: Fran McGovern, Esquire

Board members have a fiduciary duty to the association/corporation and arguably directly to the individual members.  Fulfillment of this duty requires that the board members exercise utmost good faith. 

In ordinary corporate matters, the 'business judgment rule' is the standard by which board action is evaluated.  The business judgment rule generally provides that, so long as the board members fulfill their duties of 'care' and 'loyalty' the board's decisions will not be second-guessed by a court. 

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

DCA Proposes New Association Regulations Including Fines & Penalties

On June 3, 2019 the New Jersey Department of Community Affairs published proposed new association regulations. A copy of the DCA’s summary and the full text of the proposed amendments and new rules can be found here:

https://www.nj.gov/dca/divisions/codes/codreg/pdf_rule_proposals/PRED_Election_Regs.pdf

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.

Bankruptcy is a court case where a person attempts to have their debts wiped out (a Chapter 7 Bankruptcy) or attempts to have the court force their creditors to be paid under a payment plan (a Chapter 13 Bankruptcy). 

“Transition” is the due diligence process required by the board members’ fiduciary duty. In sum, the homeowner-elected board members must determine if the sponsor did what it was supposed to do and, if not, take action to get the deficiencies corrected. Upon assuming board control homeowner-elected board members must: 1) evaluate the association’s physical and financial condition; 2) communicate the findings to the members and the sponsor; 3) negotiate for repairs, money or a combination of repairs and money. Evaluate.

Do they really mean "golf carts" or are they talking about "low speed vehicles" a/k/a "neighborhood electric vehicles". 

Health care providers are increasingly scrutinized for compliance with health care and insurance laws.  In light of this, health care providers must be proactive in creating and implementing a compliance program. 

In the summer of 1981 I started reading Stephen King’s “The Stand”.  My boss had left it in my attendant’s shack at a parking lot on the corner of Ocean and Pine Avenues in Wildwood.  I didn’t get very far.  The book was scary and long.  As a sixteen-year-old at the beach, I had more fun things to think about. 

Marlena S. Miller, Esq. discusses Bankruptcy.

New Jersey’s Assembly and Senate passed the manager licensing bill supported by the Community Associations Institute of New Jersey.  However, the Governor refused to sign it.