As the end of the year approaches, there has been no determination that community associations will be relieved of the requirement to comply with the Corporate Transparency Act (CTA). While we remain hopeful of a legislative or legal solution, you must be prepared to file the required information no later than January 1, 2025. Read […]
Utility Rates on the Rise: How New Jersey Community Associations May Be Affected and How to Prepare Now
As energy costs are predicted to dramatically increase and budget season is upon associations with fiscal years based on the calendar year, New Jersey associations that purchase electric service for their residents should prepare for surging utility rates in 2025 and 2026 following PJM Interconnection’s (“PJM”) last capacity auction. PJM, headquartered in Valley Forge, Pennsylvania, […]
New Reserve Law in New Jersey – Community Association Compliance Required
We are now halfway through 2024 and we want to again remind our New Jersey community association clients to check their reserve study status to ensure compliance with the January 8, 2024 law relating to reserve studies and reserve funding. Who must comply? All New Jersey community associations are required to comply with the new […]
Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language
For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its own negligence, the agreement upon which the claim is based must explicitly and unambiguously say so. This rule has […]
New Reserve Requirements for NJ Shared Interest Communities
In response to the 2021 Surfside Condominium tragedy in Florida, many states and municipalities have adopted, are considering adopting, or are updating existing rules governing reserves, reserve studies and maintenance schedules for multifamily buildings. New Jersey has passed new statewide regulations concerning all the above. Read the article…………………………….
Directors & Officers Insurance: The Lowdown on D&O (NJ)
At the heart of volunteerism is the notion of doing something for the common good. For many, choosing to live in a co-op or condo community is also choosing to volunteer for board service, helping to guide and govern the community they call home. But with that impulse to serve the common good lurks the […]
New Reserve Law – Community Association Compliance Required (NJ)
We are now halfway through 2024 and we want to again remind our community association clients to check their reserve study status to ensure compliance with the January 8, 2024 law relating to reserve studies and reserve funding. Who must comply? All community associations are required to comply with the new reserve law. The only […]
There is More to S2760 (NJ)
Most people in the community association world are now aware of New Jersey’s Senate Bill S2760, commonly known as the Structural Integrity and Reserve Act (“Act”). This legislation introduces crucial provisions for condominium and cooperative buildings, addressing structural integrity, mandating periodic inspections, and improving reserve funding requirements. As community associations prepare for the transition from […]
Appellate Division Confirms That Age-Related Ownership Restrictions Are Unlawful (NJ)
Many New Jersey age-restricted communities, particularly those in South Jersey, have provisions in their declarations or master deeds that restrict ownership of a home to persons 55 and older or in some cases to 62 years of age and older. Those governing document provisions also require that the home must be occupied by at least […]
More Than a Mess – Dealing With Hoarding Syndrome
In a multifamily building, residents who compulsively collect and hoard items – whether it be old newspapers and magazines, canned goods, pets, or even garbage – pose a threat to the safety and health of their neighbors, as well as a liability to the community in terms of curb appeal and property values. Read the […]
Indemnification of Board Member-Plaintiffs Must Be Expressly Stated, NJ Supreme Court Says
The case revolves around a dispute between Patrick Boyle, a trustee and unit owner of the Ocean Club Condominium (OC Condominium), and the Ocean Club Condominium Association (Association). After a disagreement over the Association’s financial management, the Board of Trustees (Board) expelled Boyle. Boyle filed a complaint challenging his removal and sought indemnification for his […]
Liability, Responsibility…and Lint: Who’s in Charge of Your Laundry Room?
On the long list of building-related issues that multifamily boards and residents have to be concerned about, dryer lint is not likely uppermost. A leaky roof? Definitely. A boiler on the fritz in mid-January? Absolutely. But dryer lint, not so much – and that’s actually a problem, because when allowed to accumulate in heavily-used machines, […]
How to Deal with Difficult HOA Residents (NJ)
Dealing with difficult residents can be a challenging aspect of HOA community management. HOAs (or homeowner’s associations) play a crucial role in maintaining the quality and value of residential communities. When a resident becomes difficult, the Board may struggle to maintain the harmony of the HOA. It would be easy to blame frustrated and disgruntled […]
How to assess a resident’s request for an emotional support animal
Multifamily housing providers are faced with increasing requests from residents with disabilities for emotional support animals (ESA). Requests for ESAs are generating more enforcement actions. In 2020, the U.S. Department of Housing and Urban Development (HUD) reported that 60 percent of all complaints concerned denials of requests for accommodations due to a disability under the […]
N.J. Supreme Court Rules Emotional Support Animals Are Not Just Pets
Not all pets are created equal, according to the New Jersey Supreme Court. The state’s highest court recently held that housing providers, like condominiums, can’t rely on pet prohibitions to automatically deny residents’ accommodation requests for emotional support animals. Writing for the Court, Chief Justice Stuart Rabner said that emotional support animals “are different from […]
NJ Supreme Court Applies Law Against Discrimination to Emotional Support Animal Use in Housing
Requests by a resident to have an emotional support animal that would violate a housing unit’s occupancy agreement must be analyzed under the New Jersey Law Against Discrimination, the New Jersey Supreme Court has ruled. As is often the case in the employer-employee context, the Court’s decision in Players Place II Condominium Association, Inc. v. […]
New Jersey Supreme Court Publishes First Opinion Addressing First-Party Indemnity Provisions
On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the clause beyond the traditional scope of third-party claims, meaning claims in which the party seeking indemnification has been sued by […]
A Guide to Community Association Governance in New Jersey
Living in a community association offers an array of benefits – well-maintained common areas, a sense of community, and shared amenities. However, a smooth-running community association relies on a strong foundation built upon a clear and documented framework called the “governing documents.” This framework, however, can be complex and downright overwhelming at times. The governing […]
Emotional Support Pets and Weight Restrictions
In a recent case out of New Jersey, Players Place II Condominium Association Inc., v. K.P., No. 088139 (N.J. March 13, 2024), the New Jersey Supreme Court evaluated whether an emotional support pet, which exceeded the community’s weight restrictions, was permissible under The Fair Housing Act (“FHA”). The association in this case had a rule […]
Tips for Effective HOA Board Communication
Effective communication is not just a tool but the very essence of a successful homeowner’s association (HOA) Board. It is the thread that weaves harmony throughout the community. Without good communication, HOA Boards will deal with much more conflict and discontent from their residents. Such an important skill deserves devoted study. That is why we […]
New Law Sets Reserve Requirements for NJ Communities
In response to the 2021 Surfside Condominium tragedy in Florida, many states and municipalities have adopted, are considering adopting, or updating existing rules governing reserves, reserve studies and maintenance schedules for multifamily buildings. New Jersey has passed new statewide regulations concerning all of the above. Read the article…………………………….
Effective Committees: Maximizing Use of Community Volunteers (NJ)
In a typical co-op, condo, or homeowners association, residents have a lot to say about how their building or community is or should be functioning … but few actually step up to run for and serve on the board that does the actual governing. One reason is that board service can be a heavy lift, […]
Waterproofing Your Building Envelope Protecting Structure & Health (NJ)
With severe weather events becoming ever more common—and more intense—waterproofing your building’s envelope against rain, wind, snow, and ice is a growing concern. To counter the effects of climate change on buildings both old and new, our main focus must be on maintaining the integrity of the structural envelope. Proper, proactive exterior maintenance saves money […]
How To Effectively Handle Conflict in Your Community
When people live in a community, there is bound to be occasional conflict. Homeowners associations (HOAs) and Condominium associations are no different. Conflicts may arise between homeowners or between the board and homeowners. No matter the reason for the conflict, how you handle it will greatly affect the atmosphere and overall well-being of your community. […]
New Jersey Supreme Court Affirms Condominium’s Ability to Limit Alleged “Emotional Support Animals,” Clarifying the Process To Be Used For ESA Accommodations
On Wednesday, March 13th, New Jersey’s Supreme Court released its long-awaited decision in the Players Place II Condominium Association v. K.P. case. In 2018, a resident claiming to be disabled for New Jersey’s Law Against Discrimination (“LAD”) adopted a dog that would ultimately weigh almost 65 lbs. despite Players Place II’s rule prohibiting dogs weighing […]
NJ Appellate Division Reverses Certain Radburn Regulations Impacting Community Associations
On February 23, 2024, the Superior Court of New Jersey Appellate Division issued its opinion in a case involving regulations promulgated by the New Jersey Department of Community Affairs (DCA) – commonly referred to as the Radburn Regulations – which impose specific requirements on the election process for community associations throughout New Jersey and other […]
From Developer to Homeowners: A Brief Overview of Transition in New Jersey Community Associations
Congratulations on becoming homeowners in your new community! As you settle in and start to personalize your spaces, an important milestone awaits: the transfer of control from the developer to the unit owners. This process, known as “transition,” marks the moment when you and your fellow residents take the reins of your community, shaping its […]
Tort Immunity in New Jersey Community Associations (NJ)
The word “immunity” can conjure up many feelings, especially after living through the past few years of COVID-19. This is somewhat ironic because a different type of immunity became a flashpoint for community associations at the during the pandemic – tort immunity. Read the article…………………………………
How To Handle Neighbor Disputes In A Fair Manner
Whenever a group of people live near each other, disputes are bound to occur. Even if your community is a peaceful one, sometimes neighbors have issues with each other. However, if your Board knows how to manage neighbor disputes fairly, they do not have to escalate into an out-of-control situation. Read the article…………………………..
Free Speech vs. House Rules: Balancing Both in Contentious Times (NJ)
The First Amendment of the US Constitution guarantees the right to free speech and expression – but how does that right apply to the residents of multifamily co-op or condo buildings? Does it apply at all? Can you – or the guy down the hall in 2B – display political, social, or religious statements from […]
Adequate Community Insurance Coverage: How Much is Enough? (NJ)
The topic of insurance can provoke fear in the most steadfast of board members. It’s both terrifying in what its purpose implies, and yet at the same time mind-numbingly boring. It’s also one of the most important components in protecting our communities. Read the article………………………..
Resources for Multifamily Boards: Where Communities Go to Stay in the Know (NJ)
The Community Associations Network (www.communityassociations.net) is an online resource that aggregates news and information related to co-ops, condos, and HOAs. There, boards and service professionals can access the latest on legislation, events, and issues pertaining to association living and governance throughout the U.S. and Canada. Read the article………………………..
Community Association Transition Litigation and the Selection of Experts
In the realm of civil litigation, the involvement of “experts” can make or break a case. An expert is a qualified individual with specialized knowledge, skill, training, education, or experience in a particular field relevant to the issues at hand in the case. These experts are called upon to provide their professional opinions, analyses, or […]
The Cheshire Cat and Insurance Carriers
Insurance carriers are like the Cheshire Cat. They lure customers with catchy advertisements, and then issue policies filled with complex and confusing terms. After major losses, they arrive on the scene, then suddenly disappear, citing one or more policy exclusions in complex terms, a la the Cheshire Cat. Read the article………………………..
Dealing With Harassment: Separating the Impolite from the Illegal
While occasional annoyances and interpersonal friction are simply part of the cost of communal living, some behaviors cross the line from minor nuisance into legitimate harassment. Knowing the difference is important—but it can be tricky to discern, and even more difficult to address. Read the article………………………..
Is Your Community Association Receiving the Benefits of the Municipal Services Act? (NJ)
New Jersey’s Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8, which went into effect in 1993, is the first (and possibly still the only) legislation in the country that requires cities and towns to provide certain municipal services or reimbursements to community associations within their borders. Read the article………………………..
Proposed Bill Would Extend FEMA Aid to Condos, Co-ops, & HOAs
A current bill working its way through Congress would correct a gap in the way the Federal Emergency Management Agency (FEMA) delivers recovery assistance in the wake of natural disasters. Sponsored by Reps. David Rouzer (R-N.C.), Jerrold Nadler (D-N.Y.), and Nancy Mace (R-S.C.) the bipartisan H.R. 3777, also called the Disaster Assistance Fairness Act, would […]
Is Your Community Association Receiving the Benefits of the Municipal Services Act? (NJ)
New Jersey’s Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8, which went into effect in 1993, is the first (and possibly still the only) legislation in the country that requires cities and towns to provide certain municipal services or reimbursements to community associations within their borders. Read the article………………………..
Appellate Division Affirms: Binding Dispute Resolution Provisions in Standard AIA Construction Contracts Are Enforceable (NJ)
In a recent unpublished opinion, the New Jersey Appellate Division held that an agreement to arbitrate set forth in the binding dispute resolution provision in a standard form American Institute of Architects (AIA) construction contract between a condominium association and contractor was enforceable. Read the article………………………..
Another Win for Dogs: Court Allows Emotional Support Dog Violating Association Pet Policy (NJ)
On March 23, the New Jersey Appellate Division decided the case of Players Place II Condominium Association, Inc. v. K.P. and B.F., (A-1304-20) (App. Div. March 23, 2023). Despite a finding that the proposed emotional support dog was too large for the condominium association’s pet policy and a failure by the unit owner to even […]
Electric Vehicle Charging Stations in Common Interest Communities Where to Put Them – and Who Pays?
The trend is clear: electric vehicles are the future. General Motors, for instance, announced last year that they intend to convert their entire fleet to electric by 2040. New York City has pledged a carbon-neutral footprint by 2050. Since 2015, the release of new electric vehicle (EV) models have increased by 34% worldwide Read the […]
Nature in the Valley: Brandon Farms meadow offers lessons for all
My email box was completely filled with forwards of the New York Times Dec. 14 article entitled, “They Fought the Lawn. And the Lawn’s Done.” What made the story so compelling was that it had all the elements of a blockbuster film: a simple scenario with a relatable protagonist who overcame significant challenges in her […]
Legal Construction Column: Direct Action Statute (NJ)
In July 2022, the Supreme Court of New Jersey issued an opinion, Crystal Point Condominium Association, Inc. v. Kinsale Insurance Co., which considered whether (1) a condominium association that had obtained default judgments against a structural engineering firm and a construction inspection company resulting from construction defects, could assert claims against those judgment debtors’ insurance […]
Sign, Sign, Everwhere a Sign…..In My Association
Every year, usually around election season, the signs come out. Let’s discuss some recurring sign issues that pop up (pun intended) in community associations year after year. Read the article………………………..
When a Board Goes Bad The Cure: Get Involved (NJ)
Board responsiveness and transparency are critical components in the good governance of co-op, condo and HOA communities. It’s the responsibility of the board and its members to act on behalf of the community – a legal obligation known as fiduciary duty. Read the article………………………..
NJ Supreme Court Ruling Addresses Enforceability of Arbitration Clauses in Construction Defect Disputes Involving Direct Claims Against a Judgment Debtor’s Insurer
The Supreme Court of New Jersey recently ruled that a condominium association may bring a direct action to recover damages based upon construction defect claims against an insolvent judgment debtor’s insurer. The Court further held, however, that a mandatory arbitration provision in the underlying insurance policy will be applicable to such claims. The case is […]
“Direct Action Statute” Can Permit Judgment Claimants to Collect from Debtors’ Insurance Policies (NJ)
In Crystal Point, the Condominium Association obtained two default judgments for construction defect claims against a structural engineer and its companion construction inspection entity. The default judgment defendants could not be located and efforts to execute upon the default judgments were returned uncollectible. Read the article………………………..
Who’s a Good Board? Pros Weigh in on Co-op, Condo, HOA Leadership
The 347,000 planned communities in the United States—a number that includes cooperatives, condominiums, and homeowners associations—are generally governed by volunteer members of the building or community elected by their fellow unit owners or shareholders. There are no requirements or prerequisites for serving on a board, other than what might be specified in the governing documents […]
Supporting Aging Residents: Empathy, Strategy, & Care
Aging shareholders often contend with two serious problems: declining health and limited finances. As people age, it’s of course more common for them to live with health challenges related to genetic propensity, lifestyle choices, and the aging process itself; Read the article………………………..
Transition not substantial completion starts the clock: New Jersey amends statute of limitations for homeowner and condominium association construction defect cases
In?2017, the New Jersey Supreme Court, in Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, et al., held that the statute of limitations for construction defect claims brought by a condominium association begins to run upon “substantial completion” of the structure. Read the article………………………….