As a board member in an HOA, managing your time equally can be a challenge. With so many tasks for you to accomplish, determining which ones to do first can cause daily struggles. That’s why it is vital you maximize your HOA time for greater productivity. Read the entire article……………………………….
Is a New Statute of Limitations on the Horizon for Community Association Construction Defect Claims?
Under New Jersey’s current statute of limitations, N.J.S.A. §2A:14-1, all construction defect claims, i.e. property damage claims, must be filed within six years from when the potential claimant knew or should have known he or she had a claim. Tempered only by the equitable doctrine referred to as the “discovery rule,” which stops the limitations […]
NJ Court Reaffirms Rule Against Coverage for Faulty Workmanship Claims and Finds Fraud Claims Inherently Intentional
Awarding summary judgment to an insurer under both liability and directors & officers (D&O) coverage parts, a New Jersey trial court reaffirmed the principle that claims of defective workmanship without resulting “property damage” are not covered under a general liability policy, and further dismissed claims for fraud and breach of fiduciary duty, finding that such […]
Reacting to tragedy: Condo association attorneys prepare for changes that could be coming in wake of tragic Florida collapse (NJ)
When you’re an attorney who represents condominium associations, you don’t usually have the media knocking on your door. It’s a niche corner of the legal profession that’s generally quiet; it takes a major event to disturb that. …Something like a tragic condo collapse that has killed at least 97 people might do it. Read […]
HOA Grilling Safety: Memorial Day Weekend 2021
Memorial Day weekend 2021 is almost here – are you and your grill ready? Grilling burgers, hot dogs, BBQ ribs, and shish kabobs over a flame or coals is a Memorial Day staple. However, if you’re living in an HOA, you may find that your community association has strict guidelines on grilling and safety. Before […]
The Common Element Conundrum – When Common Elements Damage Unit Interiors (NJ)
One of the most frequent hot button issues in condominium communities, particularly those with multi-residential buildings, is whether or not the association will pay to repair damage to a unit’s interior stemming from a defect or issue, such as a water leak, in the common elements. A condominium association has specific duties and obligations in […]
How to Improve HOA Board Transparency in Your Community (NJ)
HOA board transparency is vital to build a strong relationship between board members and homeowners. Even though not all issues can be communicated, being honest with homeowners about what’s happening and how it impacts them is key. To improve HOA board transparency with homeowners, here are five helpful steps you should implement. Read the entire […]
How to Communicate with an HOA Board of Directors (NJ)
Many homeowners typically wonder, “What’s the best process on how to communicate with an HOA board of directors?” Good communication in an HOA community association relies heavily on how efficiently homeowners and board members respond to each other’s requests, proposals, and ideas. To ensure your community association feels they can efficiently and transparently communicate their […]
Eco-Friendly HOA Practices to Implement (NJ)
Being environmentally conscious is far more than a trend; it is a civic responsibility to do your part to make your neighborhood and our planet a cleaner place to live. Making your HOA practices more eco-friendly is easy to do and makes your community far more attractive to potential homeowners. Read the entire article……………………………….
HOA Spring Landscape Maintenance Checklist (NJ)
A spectacular spring landscape for residents to stroll through has to be planned now. Late winter and early spring are the time of year when much of the stage is set for community landscaping throughout the rest of the year. This is the perfect time to help determine your landscape checklist, not only for spring […]
Becoming an HOA Board Member
Becoming an HOA board member is a great way to be more active in your community. Depending on what your bylaws state, your HOA board may consist of the HOA officers which are the President, Vice President, Treasurer, and Secretary. These positions offer unique attributes, powers, and contributions that benefit the community as a whole. […]
How to Prevent Property Crime in Your HOA
An HOA should always be concerned with property crime prevention. Board members who ensure their communities are safe will give your HOA a considerable return on investment and a better and safer neighborhood. In order to prevent property crime in your HOA, there are many steps you can take. Here are the key strategies you […]
A GUIDE ON THE HOA BOARD TREASURER ROLE
The primary purpose of a homeowner’s association (HOA) is to protect and increase the value of properties within its community and enforce its governing documents. An HOA board of directors’ acts as spokespersons and figureheads for the community to advance this purpose. The board can establish and enforce rules and regulations within the community and […]
New Jersey Appellate Court Rules Judgment Creditor Not Subject to Mandatory Arbitration Provision in Insurer’s Policy (NJ)
In a published decision issued on March 4, 2021, New Jersey’s appellate court refused to compel an underlying tort liability plaintiff to submit its dispute against the insurer of two parties against whom it obtained default judgments to binding arbitration. Read the article……………………………
What is a Condominium Association’s Responsibility to Residents for Property Damage Claims? (NJ)
Becker focuses on legal issues impacting community associations. While we advise our clients on a broad spectrum of matters that affect their daily operations, one of the most common inquires we receive relates to a condominium association’s responsibility when property damage is reported. What should your condominium association do in this circumstance? The answer is […]
“Why Am I Being Deposed?” (NJ)
The unit owners in your condominium have been noticed for deposition in the pending transition litigation. Now they have come to you, the property management team, with questions. What should they expect at the deposition? What kinds of questions can they be asked? Did they do something wrong? Read the article……………………………………..
What is a Condominium Association’s Responsibility to Residents for Property Damage Claims? (NJ)
While we advise our clients on a broad spectrum of matters that affect their daily operations, one of the most common inquires we receive relates to a condominium association’s responsibility when property damage is reported. What should your condominium association do in this circumstance? The answer is not always cut and dry, and of course […]
HOA Snow Removal Contracts: What You Need to Know
Does your HOA have a snow removal contract? If you’re a board member, it is vital to ensure your HOA has a good contract with a reliable snow removal vendor before the snowstorm hits. There are three types of snow removal contracts that an HOA can sign with a snow removal vendor. These contracts determine […]
HOA Pet Ownership Questions to Ask
For many, one of the best parts about life is owning a pet. When you live in an HOA, specific rules and restrictions are placed on HOA pet ownership, such as what types of breeds and species you can own and where in the neighborhood they can go. For each association, rules vary greatly, so […]
Amending Your HOA’s Governing Documents
Covenants, Conditions, and Restrictions are legal documents that lay out the responsibilities of an HOA and its members. These rules may be established by a neighborhood, homeowners association, builder, or developer. They may include restrictions on noise, home or garage paint colors, parking, and more. Read the article……………………………………..
Can Community Association Members Record Board Meetings? (NJ)
Various states provide a statutory right for members within a Community Association to audio or video record an open meeting of the board, subject to reasonable board regulations. However, in New Jersey, the law neither prohibits nor affirmatively permits owners to record board meetings. It is therefore up to a particular board to determine whether […]
Regarding Executive Order 192 – Requirements for Association’s In-Person Workforce (NJ)
On October 28th, 2020 Governor Murphy issued Executive Order 192 (2020) (the “Order”), setting forth requirements every business, non-profit, and governmental or educational entity in the State must follow if they require or permit the workforce to be physically present at a worksite. These requirements are intended to aid the protection of employees, residents, and […]
Avoid These Common Board Member Mishaps
Serving as a board member of a homeowner’s association can be a fulfilling experience. Many enjoy assisting neighbors, actively volunteering, and learning about their community. However, sometimes board members can take their position too seriously and make mistakes that can leave their community dissatisfied. Here are the common board member mishaps associations should avoid. Read […]
Advice on HOA Tree Removal Policies
Homeowners love trees as they offer privacy and other benefits. Trees are an easy, natural way to enhance the landscape of your community. Yet, sometimes trees need to be taken down for a variety of reasons, leaving some homeowners and community members disappointed. Read the article………………………………….
Regulations on HOA Political Signs and Demonstrations (NJ)
Few issues elicit as much emotion as politics – especially during election season. Political discussions can add fuel to the fire when neighborhoods begin to display political advertisements of opposing affiliations. Dealing with political signage in your community is an issue that must be approached with sensitivity. Read the article………………………………….
A Guide on Key Community Members in an HOA (NJ)
While there are many benefits to living in an HOA, it’s essential to know who your association’s key community members are. Whether you are brand new to an HOA or you’re a member seeking guidance on who to contact, we’re here to help you identify the who’s who in your community. Read the article……………………………..
New DCA Rules Regarding Benefit Derived and Reserves (NJ)
For decades associations and developers in transition have been plagued by ill-defined concepts embodied in the rules of the New Jersey Department of Community Affairs (DCA) governing the developer’s obligation to pay common expenses for units under development and individually owned “in proportion with the benefit derived by the unit from items included in the […]
COMMUNITY ASSOCIATION TRANSITION: CONSTRUCTION DEFECTS, IMPLIED WARRANTIES AND CONSUMER FRAUD
For every condominium and homeowner association, “control” is eventually transferred by the developer to an owner-controlled governing board after construction. This is called “transition.” A successful transition is one in which the owner-controlled board works with the developer to ensure appropriate governance, adequate financial resources, and a properly designed and constructed community. But what happens […]
HOA Neighborhood Driving
Owning of a home in an HOA neighborhood requires an understanding that along with enjoying the community amenities and the benefits of common area maintenance, residents are obligated to be responsible community citizens. For example, responsible driving, whether in an age-restricted retirement community or community of various ages, is necessary and should be communicated. Responsible […]
5 Tips to Improve Your HOA’s Outdoor Amenities (NJ)
A well-planned landscape of shrubs, bushes, and colorful flowers along stone garden walls, with grass upon neighborhood entry, around the in-ground pool, and clubhouse, always neatly trimmed with few, if any, weeds are a beautiful thing. Such perfection does take work and thoughtful planning! The good news, it is all a shared expense and experience […]
The HOA Climate as Stay at Home Orders Are Lifted (NJ)
With many U.S. states slowly lifting the stay-at-home orders, the ‘same old, same old’ daily routine of going to the office, attending religious services, socializing in bars and restaurants, and getting a haircut are coming back, but with limits. Just as these other services make way for the ‘new’ normal, homeowner association (HOA) boards and […]
New Regulations for Common Interest Communities Concerning Elections and Board Meetings (NJ)
The New Jersey Department of Community Affairs, Division of Codes and Standards (DCA) published new regulations under the Planned Real Estate Development Full Disclosure Act (PREDFDA) on May 18, 2020. These new regulations are intended to serve as an update to the Radburn Election Law (P.L. 2017, Ch. 106) and will have a significant effect […]
3 Difficult Board Member Management Tactics (NJ)
Board members are an integral part of a well-functioning HOA. An uncooperative attitude in a board member has the potential of unraveling the board unity and can cause problems for the community. Fortunately, there are three management tactics that may provide some relief and control over the situation and these particular behaviors. Read the article………………………….
Incremental Steps to Reopening (NJ)
Community associations across the state have been waiting for some sign of normalcy after enduring over nine weeks of extraordinary restrictions commencing when Governor Murphy announced the State of Emergency and issued Executive Order 103. Since that announcement, there have been numerous executive orders further clarifying restrictions placed upon persons and businesses in New Jersey […]
How Do Well-funded Reserves Affect Your HOA? (NJ)
An HOA board has a duty to ensure that its community runs smoothly, and with financial stability. A well-funded reserve fund can affect many things, such as the ability to implement necessary repairs and upgrades, which ultimately affect the market value of the property. Market values can directly impact homeowners and whether or not they […]
Governor Murphy’s Executive Order to Cease All Non-Essential Construction Projects: The Impact on Community Associations (NJ)
Governor Murphy recently signed Executive Order No. 122, which, among other things, requires that all “non-essential” construction projects cease as of April 10, 2020 at 8:00 p.m., with limited exceptions. Clients are asking whether this applies to roadway paving, roof replacement and a host of other construction projects in their community association. The simple answer […]
Validity of Debts May Be Disputed by Oral Communication: Third Circuit Rejects Requirement of a Writing to Dispute Consumer Debt Under the Fair Debt Collections Practices Act
On March 30, 2020, the U.S. Court of Appeals Third Circuit issued an important decision in the case of Riccio v. Sentry Credit, Inc., approving oral communication as a method to dispute the validity of a debt. This decision overruled Graziano v. Harrison 950 F.2d 107 (3d Cir. 1991), a long-standing case requiring a writing […]
Effective Landscaping for Your HOA
The arrival of spring means summer is just around the corner, and an ideal time for homeowner associations (HOAs) to start planning community landscaping projects. One of the challenges that HOA boards face is finding a reputable company that falls within their budget. Since many communities have significant landscaping needs, it is suggested that they […]
Don’t Hesitate: Update Community Association Liens Now and at the Beginning of Each Fiscal Year (NJ)
This year community associations of all types saw a significant change to the law that applies to their right to secure payment for outstanding assessments through the filing of liens. Previously, only condominium associations had a priority lien against other lien holders for only six months of assessments prior to the recording of their lien. […]
The Case For Holding Regular HOA Board Meetings
A board of directors plays a vital role in whether or not a homeowner’s association (HOA) runs efficiently and effectively. This group of individuals is responsible for making decisions in the best interest of the overall community and its members. While most individuals dread the idea of adding more to their already over-scheduled plate, HOA […]
What Can the Association Do About Damage From Water Infiltration Through Brick? (NJ)
Brick is among the materials that are most commonly used as an exterior cladding material on condominiums and other residential buildings in New Jersey. If correctly installed and maintained, it will usually last for the life of the building without allowing water to penetrate inside the wall cavity where it can damage sheathing and framing. […]
5 Ways You Can Help Homeowners Follow HOA Rules (NJ)
It is common for homeowner associations (HOAs) to have rules in place for residents to follow. The goals of these HOA rules are typically to encourage a positive community, maintain property values, and create a safe neighborhood. While the intentions are good, some homeowners may overlook their helpful nature. Read the article…………………………..
Pet Problems In Your HOA
Homeowner associations (HOAs) offer many benefits to their members. Communal amenities, increased safety, and a strong sense of community are some of the most significant. However, when individuals choose to live in an association community, they agree to follow set guidelines. One area that many associations struggle with is managing pet problems and complaints among […]
KNOW THE INS AND OUTS OF YOUR HOA’S BOARD MEETING MINUTES
A board of directors plays an essential role in the overall well-being and culture of a homeowner’s association (HOA) community. The board is responsible for making decisions that keep a community running smoothly, ensure safety, and create a positive environment. One of their responsibilities is holding regular board meetings, discussing the needs of the community […]
Back to Basics
There are articles every month covering community association issues, which you can find from a plethora of sources. This magazine, other similar magazines, national magazines, newspaper articles, everyone’s favorite blog, attorney resources, Internet, etc. Most of these articles deal with specific issues, such as short term rentals, or emotional support animals, or the latest case […]
Know The Ins And Outs Of Your HOA’s Board Meeting Minutes
A board of directors plays an essential role in the overall well-being and culture of a homeowner’s association (HOA) community. The board is responsible for making decisions that keep a community running smoothly, ensure safety, and create a positive environment. One of their responsibilities is holding regular board meetings, discussing the needs of the community […]
HOA Dues & Payment Protocol
For a homeowner’s association (HOA) to run effectively, dues from community members play a significant role. Expectations for HOA dues are typically outlined when new homeowners join the community. Occasionally, the association may have difficulty collecting these payments from a member. As it is the board of directors’ fiduciary responsibility to make sure all members […]
7 GREAT WAYS TO INCREASE HOA MEETING ATTENDANCE
Homeowner’s association (HOA) meetings are an important component of a well-run community association. These meetings are a place where community updates are given, decisions are made and homeowners are afforded the opportunity to share comments with the HOA board. Oftentimes however, many homeowners choose not to attend even though the items discussed at the meeting […]
5 feet or 10 feet, Which Is It? The Confusion Within The New Jersey Fire Code Regarding Portable Propane BBQ Grills
Everyone enjoys a good BBQ, and making sure they are safe should be a priority for any board in a community association. In the mid 2000’s, community associations throughout New Jersey saw a flurry of rule adoptions to comply with the New Jersey Fire Code at the time, which generally prohibited portable propane BBQ grills […]