Association Lawyers in New Jersey

Many associations unfortunately have to deal with owners who have leased their units to tenants that are disruptive or do not comply with the association’’ s governing documents. Although the association may be able to fine the owner, what is the association’s recourse against the tenant? Additionally, what if the owner fails to pay his assessments while the tenant is paying the owner rent? The best way to regulate the owners and their tenants before they become a nuisance to the community is to pass a leasing amendment.

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.

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. 

In 2010, the Department of Housing and Urban Development (HUD) turned the financing of FHA mortgages upside down by announcing the end of spot approvals for condominiums and a new requirement of biannual community-wide certification for FHA mortgages.

It’s that time of year again… when extreme cold can cause pipes to burst in vacant units.  In light of this, it is important that managers gain access into known vacant units to winterize them.  This avoids unnecessary insurance claims and premium increases caused by ruptured water lines.

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”.  

Regardless of who is ultimately found liable for damages related to the golf course and golfing, the Association would almost certainly be sued along with the golfer who hit the ball, the course manager and any other person or entity somehow related to the incident.

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.

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

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.

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.

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.

He's Not the Man He Used To Be - What Can Be Done When Your Neighbor Has Mental Problems

Michael R. Polulak, Esq. discusses Age Restricted Communities

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

Indemnify:  I will absorb claims/liability against you.

Defend:  I will pay the attorney fees and costs to defend you.

Hold Harmless:  I will not bring claims against you.

Marlena S. Miller, Esq. discusses Bankruptcy.

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.

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.

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). 

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.

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. 

Open Board meetings are generally the most stressful part of any board member’s tenure.  We all know that people who come to open meetings are usually not there to let the board know what a wonderful job they are doing.

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).

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