Construction defects are frustrating, risky, time consuming and expensive. We view litigation as a last resort. Nevertheless, there are times when no other solution is feasible and we must turn to the courts for relief.
Although we all wish money grew on trees, we know it doesn't. We work with Associations to collect delinquent assessments, pass special assessments and secure loans so that the Association's board can fulfill its duties in a responsible manner.
Associations are about people. They may be homeowners, board members, managers, service providers or others. We are lawyers who keep in mind that relationships are important. Associations impact people literally "where they live". Therefore, in addressing Association legal problems, we strive to solve problems amicably.
Although we view litigation as a last resort; we have broad experience in successfully litigating association construction and financing defects. We do not represent developers, their subcontractors or material men.
Although we all wish money grew on trees, we
know it doesn't.
We work with Associations to
collect delinquent assessments, pass special
assessments and secure loans so that the
Association's board can fulfill its duties in a
responsible manner.
Associations are about people. They may be homeowners, board members, managers, service providers or others. We are lawyers who keep in mind that relationships are important. Associations impact people literally "where they live". Therefore, in addressing Association legal problems, we strive to solve problems amicably.
On June 3, 2019, the New Department of Community Affairs (the “DCA”) proposed regulations that would significantly impact Association governance. Many of you raised concerns with respect to the proposed regulations.
Among other things, the Centers for Disease Control and Prevention (the “CDC”) have noted that:
“Older adults and people who have severe underlying chronic medical conditions like heart or lung disease or diabetes seem to be at higher risk for developing more serious complications from COVID-19 illness. Please consult with your health care provider about additional steps you may be able to take to protect yourself”.
Why isn’t the pool open? What am I paying my assessments for anyway!?
The Fourth of July is a little less than 100 days away. Memorial Day, a little less than 60 days away. The Coronavirus crisis continues. Why are we talking about the pool now?
Some contracts are already in place. What do we do with them? Should we modify? Should we cancel? Should we breach? Will we be sued? What will the damages be?
The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from April 1, 2020 through December 31, 2020.
On Wednesday, April 8, 2020 Governor Murphy announced pending Executive Orders that will become effective on Friday, April 10th. Governor Murphy’s presentation may be viewed here: https://www.state.nj.us/governor/. Among other things, these Executive Orders will address:
Closure of Non-Essential Construction
All non-essential construction across the state will cease, indefinitely, effective 8 p.m. Friday.
To mitigate the impact of COVID-19 and protect the capacity of New Jersey’s health care system for the state’s most vulnerable, Governor Phil Murphy today signed Executive Order No. 107, directing all residents to stay at home until further notice. The order provides for certain exceptions, such as obtaining essential goods or services, seeking medical attention, visiting family or close friends, reporting to work, or engaging in outdoor activities.
On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act, which provides relief to taxpayers affected by the novel coronavirus (COVID-19). The CARES Act is the third round of federal government aid related to COVID-19.
The bill authorizes emergency loans to distressed businesses, including air carriers, and suspends certain aviation excise taxes.
If you have attended my “Fridays with Fran” web meetings, nothing below will surprise you. Reopening Amenities is risky business. Courts will look to prior cases for guidance in addressing new cases.
We do not have to get to polio, the 1918 influenza or smallpox to find court cases involving debilitating and deadly communicable diseases.
Today the New Jersey Assembly passed the COVID-19 Association Immunity bill (formerly A4979 now substituted by S3584). On June 2, 2021, the New Jersey Senate passed the bill. We look forward to Governor Murphy quickly signing the bill into law. Thank you to NJ-CAI’s Legislative Action Committee and all of you who continue to support passage of this important legislation. The text of S3584 may be found here: https://www.njleg.state.nj.us/2020/Bills/S4000/3584_I1.HTM
On May 13, 2020, the CDC issued a nice “Stop the Spread of Germs” poster that is easily printed on 8 ½” x 11” shipping label stickers. For example: Avery brand #5165 which are available on-line and at stores such as Staples.
Associations must continue to function. Board meetings must be held, and decisions must be made.
The CDC has recommended against any gatherings of ten or more people through at least the middle of May. Therefore, Association’s must postpone community events and avoid in-person meetings. However, the Association must continue to operate, and the Board must continue to conduct the Association’ s business.
