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 […]
Why Am I Being Deposed? Unit Owner Depositions in Transition Litigations – a Primer (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? Will they have to testify at trial? […]
NJ Legislative Action Committee Highlight: Two Foreclosure Reform Bills Become Law
New Jersey Governor Phil Murphy recently signed two foreclosure reform bills into law, designed to shorten the time a house sits vacant so the property’s exterior doesn’t become unsightly and unsafe. These laws are part of a larger package of legislation addressing the foreclosure crisis in New Jersey created to help homeowners keep their homes. […]
YOUR HOA INSURANCE RESPONSIBILITIES: HO-3 VS. HO-6
Owning a condo, townhouse or any other type of home is exciting, but comes with a lot of responsibility. From paying monthly bills on time to keeping up with housework and having the right homeowner’s insurance in place, the to-do list can often seem never-ending. Buying homeowner’s insurance for a home in an HOA or […]
Is It Kosher for My Condo to Go Kosher? (NY/NJ)
Q: I live in a condo in Long Branch, N.J., that wants to change its building policies to support Jewish customs. The board wants to make the condo’s restaurant kosher and install an eruv, a ropelike ritual enclosure that surrounds the building to allow more freedom of movement during Sabbath. Not all residents in the […]
Temple of the Dog: Understanding “Assistance Animals” in Community Associations (NJ)
In May 2018, New Jersey Attorney General Gurbir S. Grewal and the Division on Civil Rights (“DCR”) announced the settlement of two separate disability discrimination cases, both involving residents who were denied permission to keep emotional support animals by their respective govern-ing boards.1 In one case, a condominium association paid $10,000 to resolve allegations that […]
Association Not Responsible for Resident’s Slip and Fall Accident on Common Areas (NJ)
One of the questions I am asked most frequently from condominium and homeowner Association boards (and managers) is whether the Association is liable for injuries that occur on the common elements? The answer that I always give is that an Association is only liable for an accident on the common areas if they knew of […]
Associations are Only Required to Make Reasonable Accommodations, Not All Accommodations
This is a post about reasonable accommodations that does not involve an emotional support animal. I cannot remember the last time I did not write about dogs. Recently, the Pennsylvania Federal Courts ruled that an Association does not need to provide the exact accommodation requested, if the Association offers accommodations that achieve the same function. […]
Surprise: Community Associations Entitled to Have Fire Hydrants Maintained by Water Purveyor (NJ)
A great concern of any association board or manager is responding to a fire. While not often the first thing on a board member’s mind; once it happens, all focus turns to how the association can help to reduce risk. The occurrence of a fire is not a matter of if, but rather when. No […]
Recent New Jersey case addresses various issues of importance to the insurance industry
New Jersey Insurance law attorney Jared Stolz explains the Four Seasons at North Caldwell Condominium Ass’n case, a decision from the Superior Court of New Jersey, arising from allegedly defective construction. Read the article…………………………
Community Association Transition: Construction Defects, Implied Warranties and Consumer Fraud (NJ)
A successful transition from a developer to a homeowner-controlled board is one in which the two parties work together to ensure appropriate governance, adequate financial resources, and a properly designed and constructed community. But what happens when negotiations fail? Read the article……………………..
Governor Murphy Signs Important Foreclosure Reforms for Community Associations (NJ)
On March 28, we wrote about two important bills adopted by the New Jersey Legislature which aimed to lessen the burden felt by community associations with respect to properties in foreclosure. We can now report that those bills have been signed into law by Governor Murphy. As outlined in our earlier Alert, New Jersey quickly […]
Lakewood Condo Pool Sex Segregation Discriminatory, Court Rules (NJ)
Swimming pool use times that are segregated by sex at a Lakewood condominium complex have been ruled discriminatory by a federal appeals court. In a ruling issued Monday, the U.S. Court of Appeals for the Third District ruled unanimously in overturning a lower court’s summary judgment that a schedule of segregated pool use times at […]
No Need to Establish Notice Where Condo Association Caused Danger, Appeals Court Says (NJ)
In a case where a combination of dog urine and condominium stairs lacking a slip-resistant surface is alleged to have led to serious injury, a New Jersey appeals court has reopened a slip-and-fall suit after finding that dismissal based on defendant’s lack of notice of a hazardous condition was erroneous. Read the article…………………
Updated Lien Priority Law Benefits Condominium and Homeowners Associations in New Jersey
On March 25, 2019, the New Jersey Legislature passed legislation that will enhance the lien priority for condominium associations and, for the first time, give the same lien priority to homeowners associations. If this legislation is signed by Governor Murphy, both condominium and homeowners associations will enjoy a limited priority over all other liens (except […]
New Jersey Legislature Passes Important Foreclosure Reforms for Community Associations
For years, organizations that work with community associations, along with association residents, have lobbied for reforms to the foreclosure system in New Jersey. As of this writing, two bills currently sit on Governor Murphy’s desk which, when signed, will make small strides towards easing the burden felt by community associations when saddled with numerous properties […]
New Jersey Court Ruling Addresses Enforceability of Waiver of Subrogation Provisions in Homeowners Association Documents
A continuing issue in the relationship between community associations and their constituent property owners has been the allocation of responsibility for damages to the residences as a result of a casualty originating in the common elements or common property. It is commonplace for homeowner association documents to provide that the homeowner’s insurance policy must contain […]
Part III: Who Pays When Causation, Claims and Coverage Cross? (NJ)
In week one of our three-part series, we learned that the association is generally not responsible for property damage in a unit barring some negligence on its part or available insurance coverage. Last week, we examined the types of property casualty insurance typically maintained by a condominium association. In this final week of our three-part […]
HUD Resolves Disability Discrimination Case Complaint Against Condominium Association in New Jersey
Last week, the U.S. Department of Housing & Urban Development (HUD) issued a press release to announce it resolved a disability discrimination case in November 2018 filed against a New Jersey age 55 and over condominium association involving claims that the condo association violated the Fair Housing Act (FHA) by refusing to sell a couple […]
HUD Brings Disability Discrimination FHA Charge in New Jersey Related to Restrictions on an Assistance Animal
Late last month, the U.S. Department of Housing & Urban Development (HUD) charged a condominium association in New Jersey with disability discrimination in violation of the federal Fair Housing Act (FHA). According to HUD, the complaint asserts that the condominium required that a resident (with vision and hearing impairments) use the service door (as opposed […]
5 Essential Dos and Don’ts of Great Board Members
Many board members take great pride in never raising assessments. This is a great practice if there is an ability to reduce certain costs – say insurance premiums. But if it is a result of using less reputable vendors or other risky practices, doing so is likely to catch up with the association in the […]
Is Your Neighbor Really A Nuisance? (NJ)
We often see complaints from community associations regarding smoking, cooking smells or noise emanating from one unit to another. This leads to the question: what, if anything, can the association do? While many communities have restrictions in the governing documents prohibiting acts which may be or become an “annoyance” or “nuisance” to other residents in […]
No Expert Needed in Elevator Malfunction Case, Supreme Court Says (NJ)
The New Jersey Supreme Court on Tuesday ruled that a woman injured when an elevator door repeatedly opened and closed on her does not have to present expert testimony to prove negligence. Justice Barry Albin, writing for a unanimous court, said the res ipsa loquitor doctrine, meaning “the thing speaks for itself,” applies in a […]
New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client. So you start with the basics: a review of the complaint to assess the allegations; a review of […]
Can a Board of Trustees Amend Bylaws without a Vote of Unit Owners? (NJ)
The simple answer is yes – with two caveats. Community Association Board Members located In New Jersey may amend the association’s bylaws without a vote of the unit owners under two circumstances. Planned Real Estate Development Full Disclosure Act (PREDFDA) provisions apply to trustee elections and certain by-laws amendment procedures. This may be convenient for […]
Alternative Dispute Resolution or Litigation? Which Makes Sense for Community Association Boards? (NJ)
New Jersey’s Condominium Act mandates that condominiums “provide a fair and efficient procedure for the resolution of housing-related disputes between individual unit owners and the association, and between unit owners, which shall be readily available as an alternative to litigation.” New Jersey’s Planned Real Estate Development Full Disclosure Act contains the same mandate. That alternative […]
FDCPA & Debts That Can Cause Despair
The Federal Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. § 1692, et seq. applies to attorneys engaged in the collection of debt for community associations. The language contained in demand letters is a frequent source of FDCPA litigation. Liability is often imposed based on certain words contained in or omitted from the letter. Read […]
Appellate Division Ruling in Construction Defect Case Highlights Importance of Timely Expert Testimony and Adherence to Discovery Schedules (NJ)
A recent decision by the Superior Court of New Jersey Appellate Division underscores the fact that in construction defect litigation, where general contractors, project managers, architects and engineers are the primary defendants, it is imperative that qualified experts be retained and properly utilized by the parties in a timely manner. The failure of a party […]
UPDATE: Recent Clarifications from the New Jersey Department of Health on the Amendments to the Public Recreational Bathing Code (NJ)
In our most recent blog post, we responded to a reader considering eliminating the lifeguard at their pool. This is something that many communities have considered doing this pool season as a result of the amendments to the Public Recreational Bathing Code, N.J.A.C. 8:26-1 (the “Code”), particularly the requirement that facilities with pools larger than […]
Q&A: Amendments to the New Jersey Public Recreational Bathing Code and the Affects on Your Community Association
Q: Our association is considering eliminating the lifeguard at our pool. Do we need to do anything other than post “swim at your own risk” signs? Read the Q&A……………….
Op-Ed: Stormwater Utilities — An Idea Whose Time Has Come? (NJ)
Stormwater systems must be properly maintained if they are to protect groundwater from pollution and people from flooding Read the article………………..
Swimming In The Deep End – How Amendments To The New Jersey Public Recreational Bathing Code Will Affect Your Community Association
Without much publicity or fanfare, new rules and regulations updating the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26, became effective on January 16, 2018. If you live in a community association with a pool, these new rules and regulations will have a significant impact on opening and operating your […]
Community Association Law Makes a Splash: New Jersey Public Recreational Bathing Code Amendments
New rules and regulations updating the New Jersey State Sanitary Code, Chapter IX – Public Recreational Bathing, N.J.A.C. 8:26 became effective on January 16, 2018. Community Association swimming pools, wading pools and hot tubs/spas are considered public recreational bathing facilities as long as they are used by three or more dwelling units and as such, […]
New Jersey Condominium Act Establishes Association’s Duty To Residents
In a December 29 decision, the New Jersey Appellate Division has held that not only does a condominium association have a statutory duty to maintain the common areas of the condominium, but also that this duty includes the identification and correction of dangerous conditions. Further, this duty extends to residents regardless of whether they are […]
Duty of Care Existed for Condo Association in Case of Missing Handrail, Court Says (NJ)
A New Jersey appeals court ruled that a condominium association’s duty to ensure that common areas are kept in safe conditions included the use of a center handrail on a wide staircase, and didn’t hinge on the plaintiff’s legal status. A three-judge Appellate Division panel, in Lechler v. 303 Sunset Avenue Condominium Association, said an […]
Hudson County Court Distinguishes Controversial Palisades Decision
On December 7, 2017, a Hudson County Superior Court Judge, in the matter of Grandview II at Riverwalk Port Imperial Condominium Association, Inc. v. K. Hovnanian at Port Imperial Urban Renewal III, LLC, et al, Docket No. HUD-L-2839-14 (“Grandview II”), denied summary judgment to an architect retained by the developer who argued that the statute […]
Form Said ‘Mediation,’ But It Was Arbitration, Court Rules
An attempt to overturn an arbitration award based on one side’s claim that it believed it was engaged in mediation, not binding arbitration—an “unusual circumstance,” as the court put it—has failed. “With the exception of the retired judge’s mistake in having the parties execute a document memorializing the terms of a ‘civil mediation,’ there is […]
Homeowner Association Not Bound by Buyers’ Arbitration Agreement With Builder
Claims by a homeowner association against a developer are not subject to arbitration agreements between the developer and individual homeowners, where the claims are pressed on the association’s own behalf, a New Jersey appeals court ruled Thursday in a published decision. The appeals court set aside an order by a Superior Court judge compelling arbitration […]
New Jersey Court: Continuous Trigger Ends When Nature of Damage Is Known
Last week, the New Jersey Appellate Division issued a decision that may have a significant impact on insurance coverage for progressive property damage claims in the state. In Air Master & Cooling, Inc. v. Selective Ins. Co. of Am., No. A-5415-15T3, 2017 WL 4507547 (N.J. Super. Ct. App. Div. Oct. 10, 2017), the court first […]
The Critical Importance Of Properly Serving A Construction Lien Claim (NJ)
So, you properly file your construction lien claim within the time allowed by the New Jersey Construction Lien Law (“CLL”), and then timely send out a copy of the lien by certified and ordinary mail to the address of the condominium building where you performed your work. All set, right? Not so fast, according to […]
Did the New Jersey Supreme Court Reduce the Time for a Common Interest Community to Assert Construction Defect Claims?
On September 14, 2017 the New Jersey Supreme Court issued a long anticipated decision in the matter of The Palisades at Fort Lee Condominium Association, Inc., v. 100 Old Palisade, LLC (“Palisades”). The decision may have an immediate impact on recently constructed condominiums, or those to be constructed in the future, that have construction deficiencies. […]
New Jersey Supreme Court Clarifies Statute of Limitations in Construction Defect Cases
In The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, ___ N.J. ___ (2017), the plaintiff was the Condominium Association that brought suit based upon defects in the condominium building after the Association took over control from the Sponsor and after the Association obtained its own engineering report. Summary judgment on […]
Addressing Harassment Issues in Community Associations
As is well understood, Community Association Boards are elected to manage the property, affairs, and business of the Association. The Board has the power to enforce obligations of the unit owners and do what is necessary and proper for the management of the community. This includes enforcing the Association’s Governing Documents. If a violation occurs, […]
New By-Laws Amendment Procedures Mandated by PREDFDA (NJ)
On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While the new law was created in reaction to litigation involving a community called the Radburn Association, which lacked by-laws that mandated fair and open trustee elections, it also includes provisions relating to […]
New Legislation to Enhance Owner Participation in Community Association Elections
On Thursday, July 13, Governor Christie signed legislation to enhance owner participation in community association elections. The CAI Legislative Action Committee, with Community Association Practice Chair, Dave Ramsey, leading the effort, worked side-by-side with Senator Gordon, the primary sponsor of the bill, to ensure that the final version of the law would be balanced and […]
Governor (NJ) Signs New Legislation Securing Governance Rights of Owners Residing in Common Interest Communities
On July 13, 2017, Governor Christie signed into law bipartisan legislation amending and supplementing the Planned Real Estate Development Full Disclosure Act (PREDFDA). The new law provides, among other things, that all unit owners be members of their community associations and that such members have the ability to fully participate in the election of their […]
What Should Condominium Associations Do After Cypress Point? (NJ)
It has been several months since the New Jersey Supreme Court decided Cypress Point Condo Ass’n v. Adria Towers, LLC. The issue in Cypress Point was whether rain water damage caused by a subcontractor’s faulty workmanship constituted “property damage” caused by an “occurrence” to trigger coverage under a condominium developer’s commercial general liability (CGL) insurance […]
NJ App Div Holds Foreclosing Lender Who Simply Winterized and Secured a Condo Is Not a Mortgagee in Possession and Not Responsible for Condo Fees
In a noteworthy decision for New Jersey lenders approved for publication, the New Jersey Appellate Division recently held that a lender who simply winterizes and secures an abandoned property in foreclosure is not deemed a mortgagee in possession subject to condominium association fees. See Woodlands Cmty. Ass’n, Inc. v. Mitchell, 2017 WL 2437036 (N.J. Super. […]