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Renters and Owners: How Are They Treated by Community Association Board Members

Stark & Stark Shareholder Christopher Florio recently joined Ray Dickey from AssociationHelpNow to discuss treatment of renters and owners as it applies to homeowner association board members, community managers, and management companies. They discuss board meetings, parking, and access to

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Sign of the Times

With the Republican and Democratic National Conventions behind us, campaign season is now in high gear. Many people feel very strongly about who should become our next President and would like to convince as many people as possible to vote for their preferred candidate. While not everyone has

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New Jersey Supreme Court Issues Important Ruling for Developers and General Contractors Regarding Coverage Under CGL Insurance Policies

The New Jersey Supreme Court’s August 4, 2016 holding in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC is the latest decision to fall in line with the “strong recent trend” by state and federal courts to recognize that

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NJ Supreme Court Decision Paves the Way for Condominium Associations in Transition to Recover Damages against the Developer and Subcontractors

On August 4, 2016, the New Jersey Supreme Court issued its decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, et al., which held that faulty workmanship by a subcontractor that causes property damage is a covered loss

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New Jersey Supreme Court Gives Supreme Win to Policyholders

Yesterday, the Supreme Court of New Jersey unanimously affirmed the Appellate Division’s holding that consequential damages caused by a subcontractor’s faulty workmanship constitute “property damage” and an “occurrence” under the 1986 Insurance Services Office, Inc. (“ISO”) form commercial general liability

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New Jersey Supreme Court Finds Coverage Under a Developer’s Commercial General Liability Policy for a Subcontractor’s Faulty Workmanship

On August 4, 2016, the New Jersey Supreme Court issued a unanimous decision in a case regarding insurance coverage that could have lasting impact on developers, contractors, and subcontractors. In Cyprus Point Condo. Ass’n, Inc. v. Towers, 2016 N.J. LEXIS

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Foreclosing Association Liens

Many people do not realize that Condominium Associations can foreclose units in the same manner as a mortgagee, pursuant to N.JS.A. 46:8B-21.    Read the article………….

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Are You Covered? Insurance for Condos Goes Beyond the Basics

The experts who advise condo associations on insurance matters admit that the basic policies are pretty standardized and often seem to be all the same. Trustees may tend to gloss over the details and assume that anything important relative to

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A Cyberlaw Preparedness Primer for Businesses

As the dust settles on the legal battle between Apple and the F.B.I., businesses should take note of the many issues related to the privacy and confidentiality of electronically stored information. Though Apple arguably emerged victorious in refusing to create

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Voting by Proxy Actually Requires a Proxy

The bylaws of most community associations permit members to vote “in person” or “by proxy.” Voting “in person” means just what it sounds like: a member attends a meeting and casts their vote while physically in attendance. But what does

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Condo FAQs: “Limited Priority” Liens Pursuant to the New Jersey Condominium Act

Question: I’ve heard that when a mortgage lender forecloses on a condominium unit, the association is entitled to six (6) months of assessments. I’ve also heard that the association has “limited priority” over the mortgage. Is that true? What does

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NJ Federal Court Says Condo Association Lien May Have Priority in Chapter 13 Bankruptcy Plan

The issue in dispute was whether a condominium lien, which is recorded and served on the owner and mortgagees, is a fully secured claim under bankruptcy law, or a partially secured claim which may be “stripped off” in a bankruptcy

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New Law Requires Clearing of Snow from Fire Hydrants within 24 Hours (NJ)

The recent snow storm created a nightmare for many community associations in New Jersey. The unusual amount of snow and high winds interfered with snow removal efforts and created both physical and financial burdens. It is therefore timely to discuss

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Condo Lien Has Priority in Ch. 13; Can’t Be Stripped Off (NJ)

A condominium association’s lien for unpaid assessments is partially secured, and cannot be stripped off in a Chapter 13 bankruptcy proceeding, a district court in New Jersey held Feb. 17.     Read the article………….

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How Community Associations Can Collect on Judgments by Rent Levy (NJ)

Once association counsel obtains a personal Judgment against the unit owner for failure to pay maintenance fees, late fees, attorneys’ fees and costs, and other charges, we look for ways to collect on the Judgment. If delinquent unit owner rents

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Strip Tease: A Debtor Cannot “Strip Off” or “Cram-Down” a Condominium Lien as Part of a Chapter 13 Bankruptcy Action

The District Court recently delivered a rare win for condominium associations throughout New Jersey dealing with bankruptcy actions filed by their residents. The Court reversed a 2015 decision that allowed debtors filing Chapter 13 bankruptcy petitions to “strip off” or

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The Transition Engineering Report: Triggering The Statute of Limitations in Condominium Construction Defect Cases

Earlier this year, the New Jersey Appellate Division reversed a Bergen County trial court decision, which had dismissed a construction defect case filed by a condominium association more than six years after the condominium complex was substantially completed, but less

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(NJ) Statute of Limitations in Association Construction Defect Cases Tolled until Transition from Developer Control

On February 1, 2016, the New Jersey Appellate Division issued an unpublished decision in The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al, (Docket No. A-4292-13T3). In Palisades, the Court reversed the Trial Court’s

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How Community Associations Can Collect on Judgments by Levying Bank Accounts

Once association counsel obtains a personal Judgment against a unit owner for failure to pay maintenance fees, late fees, attorneys’ fees and costs, and other charges, we look for ways to collect on the Judgment. One method of collecting on

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A Concrete Decision: ‘Qian’ and the Evolution of Sidewalk Liability (NJ)

In the past 20 years, the number of common-interest communities in New Jersey has grown exponentially. Today, we all seem to know someone living in such a community, whether it be an active adult senior community, a condominium building or

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Vetting Your Professionals: Hiring the Best People for the Job

There is always work to be done on a building, whether it’s a simple lobby repair or a major capital improvement, and finding the right contractor for the job takes some work. If the vetting process is not done properly,

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New Jersey Supreme Court Grants Review of Cypress Point Condominium Association Decision

On October 29, 2015, the New Jersey Supreme Court granted certification (meaning that the Court will hear the appeal) of the Appellate Court’s decision in Cypress Point Condominium Association, Inc. v. Adria Towers, LLC. Specifically, the question certified for review

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Community associations must maintain sidewalks (NJ)

Can your community association be held liable for injuries caused by poorly maintained sidewalks? According to the most recent State Supreme Court decision on this issue, yes, if the association owns the sidewalks within the community.    Read the article…………..

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HOA Collection Fees Must Be in Writing, NJ Court Rules

Attorney fees racked up during collection efforts, typically fair game for homeowners’ associations, were denied in one case because of governing documents that failed to expressly provide for them.  The Appellate Division—deferring almost entirely to the judge below—upheld rejection of

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HOA Collection Fees Must Be in Writing, NJ Court Rules

Attorney fees racked up during collection efforts, typically fair game for homeowners’ associations, were denied in one case because of governing documents that failed to expressly provide for them.  The Appellate Division—deferring almost entirely to the judge below—upheld rejection of

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Recent Developments in NJ Condominium Case Law

Four recent decisions handed down by New Jersey courts are of significance to condominium developers and associations. The cases deal with: 1) the legal creation of units under the New Jersey Condominium Act; 2) the continuing evolution of sidewalk liability

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Insurance Decisions: How Much Coverage is Enough

From equipment failure and personal injuries to tornadoes and tropical storms, disasters happen. Any condominium association worth its salt knows that it needs to be prepared for a rainy day. A great chunk of that preparation is insurance.    Read

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Homesharing and Insurance: What Your Board Should Know

In the tri-state area, where even the most profligate among us may shed a tear or two at hotel room prices, the homesharing trend has grown by leaps and bounds, with more co-op and condo owners than ever renting out

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Property Insurance Basics: The ABC’s of Coverage

Property insurance, by definition, is a guarantee of compensation for a specific loss or damage to physical property or equipment. Within that broad and simplified explanation there is room for multiple interpretations—and more than enough confusion to go around. An

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Filing Insurance Claims: Choosing Wisely Can Save Money

Boards and associations, just like individuals, carry insurance coverage to protect them from liability, loss and other financial and legal problems, although the issues may be a little different than the typical auto or single-family homeowners’ insurance.    Read the

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Misrepresenting Their Qualifications, Inexperienced Contractors are Liable for Consumer Fraud (NJ)

When finding and hiring contractors to perform construction work, property owners rely on information provided by the contractor, especially relating to the experience, skill and specialized knowledge they possess to perform the requested job. But, what happens when the contractor

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New Jersey Appellate Court rules consequential damages are covered by general liability policy even when direct damages are not

The Appellate Division of the Superior Court of New Jersey recently ruled in Cypress Point Condominium Association, Inc. v. Adria Towers, L.L.C.1 that consequential damages to the common area and units of a condominium complex caused by a subcontractor’s defective

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Need-to-Knows of Living in a New Jersey Condominium Development: Common and Limited Common Elements versus Unit property in Condominiums – Part 2

You’re in your car heading home when you turn into your condominium development. That road you just entered, it’s a common element. On your route to your unit you pass by the club house and community pool— these are common

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The Passing of the Torch in New Jersey – Transition of Control of a Condominium Association from the Developer to Unit Owners

Pursuant to the Planned Real Estate Development Full Disclosure Act (“PREDFDA”), N.J.S.A. §45:22A-21 et seq., a developer of a proposed condominium development that is subject to the registration requirements of PREDFDA must establish an association responsible for the management of

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The “Continuous Trigger” Theory and Construction Defect Actions: Cypress Point Condominium Association v. Selective Way Insurance Co.

A New Jersey trial court granted summary judgment in favor of Selective Insurance Company holding that the “continuous trigger” theory does not provide insurance coverage subsequent to the manifestation of damages that arose from a subcontractor’s negligence in the construction

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NJ Appellate Court Rules That Consequential Damages Caused By Subcontractors’ Poor Workmanship May Be Covered By Developers’ Liability Insurance

In a recent case, Cypress Point Condominium Association, Inc. v. Adria Towers, LLC, a New Jersey appellate court has provided potential additional sources of recovery for community associations involved in construction defect litigation against developers, as well as potential greater

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Pending N.J. Bill Could Affect Brick Homeowner Associations’ Governance

Local officials have pledged to fight a bill pending in the New Jersey legislature that would lead to a state agency becoming more involved with the governance of homeowners association. If enacted, the effort would affect complexes ranging from senior

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How to Communicate With Your Residents – Method # 3 – Over Social Media

Social media is one of the least preferred communication methods by HOA residents, especially among residents 45 and up. Except for residents 18 to 24, it is the least popular communication method, but it’s still important to have a social

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New Jersey 2015 Legislative Update A Look at New & Proposed Legislation

The second half of the 2014-2015 legislative session in Trenton is underway, and—as always—housing is on the agenda, with a large number of housing-related bills up for consideration.    Read the article……….

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Big Buildings, Big Boards The Art of Governing Larger Communities

With all this new action, the number of condo boards that oversee hundreds of units, or even 1,000 or more, has increased. Condo communities of that size were not very common in New Jersey a few years ago, but one

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New Jersey bankruptcy court issues ruling regarding condominium association liens in Chapter 13 proceedings

On June 11, 2015, the United States Bankruptcy Court for the District of New Jersey recognized that a condominium association’s lien is entitled to a limited six-month priority over a first mortgage.     Read the article………..

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The Community’s Hub: Clubhouses and Community Rooms for HOAs

Co-ops, condos and HOAs draw prospective residents with a wide variety of appealing features, from proximity to an office or family member to amazing views, to the concept of having someone else mow the lawn, fix the roof, and maintain

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Appellate Court Upholds Requirement that Condominium Associations Must Offer Alternate Dispute Resolution for Collection of Delinquent Assessments

In an unpublished Appellate Court decision – The Glens at Pompton Plains Condo. Ass’n, Inc. v. Van Kleeff – the New Jersey Appellate Division made it abundantly clear that condominium associations must offer alternative dispute resolution (“ADR”) for any “housing-related

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New Jersey Court Applies Continuous Trigger Theory and Finds That No Coverage Is Available Because Damage Manifested Prior to Inception of Policy

In Cypress Point Condo. Ass’n. v. Selective Way Ins. Co., 2015 N.J. Super. Unpub. LEXIS 721 (March 30, 2015), the New Jersey Law Division dismissed a declaratory judgment action filed against an insurer for a framing contractor, holding that coverage

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The Need-to-Knows of Living in a Condominium Development – Part One: The Public Offering Statement (NJ)

No matter whether you are a first time home buyer or veteran repeat purchaser chances are you have been mentally preparing for the deluge of paper that accompanies this major purchase. The sheer magnitude of documents is understandably overwhelming. Document

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Case Tests Homeowners’ Associations’ Icy Sidewalk Liability (NJ)

The New Jersey Supreme Court is considering whether homeowners’ associations and their maintenance contractors can be held liable for injuries caused when they fail to clear snow and ice from sidewalks that they own and have pledged to maintain.  

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Hiring New Management: When it’s Time for a Change

There is an old saying that claims, “The more things change, the more they stay the same,” and that is not a happy thought for a board of directors or an association looking to change property management firms. The turmoil

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Mastering Management: Maximizing Cooperation and Partnership

Individual commitment to a group effort; that’s what makes a team work, a company work, a society work, a civilization work.  Legendary Green Bay Packers football coach Vince Lombardi left condo boards and managers off his short list, but his

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Get Smart: Continuing Education for Association Managers

The most successful property managers realize they don’t know everything. To achieve an optimal level of efficiency in the workplace, a manager must stay abreast of current legal developments, evolving building technology, and fresh communication methods in association administration.  

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It’s Tough Out There: Keeping Up in a Competitive Management Market

As the condo and HOA market continues to heal after the setback it experienced during the most recent financial crisis, many management firms and independent property managers are looking for ways to distinguish themselves from their colleagues and stand out

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