When walls are the only separation between you and your neighbors, privacy sometimes goes out the window. People hear their next-door neighbors talking, footsteps from above or even music blaring through the walls. Sound transmission between units is one of the biggest complaints among condo dwellers. Noise can also come from ceilings, doors and windows, […]
The Irrigation Situation
One of the first things both prospective residents and visitors to a condo or HOA notice are the beautiful grounds and lush landscaping surrounding the property. Of course, a key component in maintaining all that greenery is the availability of fresh water. Because of the topography of New Jersey, access to water can vary a […]
Solar Panels in Homeowner Associations
New Jersey law provides that homeowner associations shall not adopt nor enforce rules prohibiting the installation of solar collectors in certain circumstances (see NJSA 45: 22A-48.2). For instance, owners of single family detached residences, or townhome residences, in which the owner of the unit holds title to the building as well as the ground surrounding […]
New Jersey Condominiums are Able to Limit Certain Liability Claims
On March 20, 2013, the Superior Court of New Jersey ruled in Irma Sanchez v. The Villages Association that the burden of proving the validity of a community association’s bylaws limiting its liability in personal injury cases rests with the injured plaintiff. It is beneficial for community associations, their boards, professional managers and unit owners […]
Taming Transient Turmoil: Managing Renters in Condos
As housing markets in many parts of the country—including New Jersey—have foundered, many developers have opted to convert portions of communities originally intended to be condominiums into rental properties. When a development with no owner-occupied units converts to rental, it’s not such a big deal—after all, no units sold means no unit owners are affected. […]
Tripping on Stipulations: A Condo Board Tries to Game the Bylaws … and Fails
Don’t count your bylaw amendments before they’re hatched, and watch out when attorneys suggest an end-run around homeowners trying to stick to their rights. So go, at least, the lessons in a recent case involving an Upper East Side condominium board — which lost a lawsuit against a unit-owner over the crucial, critical, monumental issue […]
A Management Checklist: Performance Review Criteria for Property Managers
How can you tell whether the on-site property manager at a condominium or homeowners association community is doing a good job? And what is a ‘good job’ anyway? Whether a manager is well-liked and whether he or she manages well may not be the same thing. How do you distinguish one from the other? Read […]
Too Hot to Handle! Fire Safety for Multifamily Buildings
The discovery of fire is considered a major turning point in man’s evolution from cave dweller to outer space explorer. Control of fire allowed early man warmth for his habitat, a way to cook his meals, and light for his surroundings. Fire also provided a means to frighten away predators and introduced a social element […]
A Private Matter: Communities Must Balance Privacy and Security
The issue of intellectual property and an individual’s right to privacy has become a greater concern since more and more people conduct their lives online—whether for banking, social media or dating. While the aforementioned generally have security features encrypted in programming platforms, there remain justifiable concerns as to what is actually protected. This heightened sense […]
Superstorm Sandy: Federal Help Exists for Co-op and Condo Associations
In the terrible aftermath of superstorm Sandy, co-op and condo boards and residents found themselves struggling with both dire immediate needs and longer-term woes. With lobbies, basements and other common areas flooded and in need of repair and reconstruction, with electrical panels destroyed and with buildings not collecting maintenance or common charges from uninhabitable apartments, […]
Smart Buildings, Smart Boards: If Phones Can be Smart, Why Not Buildings?
If phones can be “smart,” why not buildings? With the ever-expanding array of consumer technology available today, it should come as no surprise that residential buildings are able to incorporate more and more cutting-edge technology into their communications, security, and operations systems than ever before, and to unify building operating systems so they can be […]
The Importance of Knowing Your Warranties
Warranties for products are simple to understand, most people might think. You go to the store, buy a computer or a DVD player or a TV, or even a larger appliance like a refrigerator, and you get a piece of paper describing a one-year or two-year warranty, and what’s covered. Sometimes, for some extra money, […]
Masonry Requires Regular Maintenance
What many co-op and condo associations don’t understand is that there is a fair share of maintenance that goes into brickwork. From repointing and caulking to cleaning and sanding – brick walls are an investment and if taken care of appropriately can last beautifully for generations. Read More……
Planning for Capital Improvement Project Contingencies
Sooner or later, every resident living in a condo, HOA or co-op community will have to deal with the inconvenience of living through a major capital improvement project—a roof replacement, an elevator rehab, serious exterior work, or something of that nature. Read More……
The Benefits of Being on the Board
Many co-op and condo owners want to get involved in their community but they soon find out that being on the board is no picnic. Soon neighbors are pestering them asking for feuds to be settled, decisions that affect all resident’s lives have to be made, and then there are the books…financial matters that have […]
When Owners Don’t Pay: HOA Boards Struggle to Make Ends Meet
Nothing remained in the New Jersey townhome after the owner, exasperated and struggling, financially picked up and left. And took everything with him. “Not only did he walk away, but he gutted his house,” says Joseph J. Balzamo, a president at Alliance Property Management LLC in Morristown. “He took the appliances, he took the electric, […]
Getting Out the Vote: Holding Fair Elections
When it comes to running board elections in a condo or co-op community, the biggest concern among those involved is making sure the elections are fair and balanced and nobody has a reason to cry foul. Elections can be heated as it is, so the voting process should run smoothly and without any hiccups. Read […]
Fiduciary Duty: What Boards & Residents Should Know
Being elected to the board of directors of a co-op or condo comes with a great deal of power, and with that power also comes a great deal of responsibility. Whether they serve a co-op or condo community, board members, in their position of power, have a responsibility to govern and make decisions on behalf […]
Can condominium associations ban religious symbols?
The Supreme Court of New Jersey addressed this situation in A Committee For A Better Twin Rivers, v. Twin Rivers Homeowners’ Association. In the Supreme Court’s decision, authored by Justice John E. Wallace, Jr., the Court determined that even in light of New Jersey’s broad interpretation of its constitutional free speech provisions, the “nature, purposes […]
Even if they disagree with the board, condo owners must pay special assessments
The New Jersey Appellate Division has restated a basic rule of condominium and homeowner association law: i.e. that disagreement with the Board will not justify the non-payment of your maintenance fees or special assessments Read More……
Help with Going Green: Tapping Federal and State Incentive Programs
With the green movement in full swing across the country, it is not surprising that incorporating energy saving and efficient measures has trickled into condominium development. Today, many buildings in New Jersey pride themselves for having a variety of eco-friendly features ranging from green roofs, the use of sustainable materials and recycling on-site. Read More……
Ten Hot (and Cool) Tips
Energy efficiency has become a “buzz word” over the past couple years in New Jersey and more and more gadgets and devices have come on the market that are specifically designed to use less energy. Saving energy does a lot more than just reduce a building’s carbon footprint and toxic emissions, however—going green can save […]
Condo board chiefs often make hard choices
Imagine that you have a job that requires you to be an expert in everything from finance to construction and that trying to do your best at this job makes your closest neighbors hate you. Now imagine that you do this for free. That’s the life of a condominium board president. Read More……
Keeping it Above Board: Avoiding Common Conflicts of Interest
One of the trickier problems to deal with when you live in a co-op or condo is dealing with board members who sometimes let the power go to their heads. Even though they are entrusted with a great deal of responsibility in the smooth running of the building, it’s vital that board members don’t use […]
Insurance Fraud! We All Pay the Price
Last year in New Jersey, a former property manager in Freehold Township was accused of embezzling $75,000 from homeowner dues. In a separate case, a woman, her husband and mother were charged with theft from an Aberdeen condo association after misappropriating $995,000 of the association’s money from January 2005 through September 2006, and in Readington, […]
Mind the Gap: Understanding Your Insurance Responsibilities
Insurance is designed to be there for us when we need it most. Without knowing the full extent of our coverage, though, we may find ourselves with less protection than we thought. For condominium owners, it is imperative to understand exactly what liabilities and risks are covered by individual resident homeowner policies and what is […]
Rookies No More: Veterans Helping Newcomers
Remember your first day at a new school? Most likely, you didn’t know a soul, had no idea what the students were learning and you probably felt nervous, intimidated or maybe even afraid. In most cases, this is what it’s like to be a new board member. A newcomer walks into a meeting for the […]
Understanding Finances: Reading Between the Line Items
For a crystal-clear picture of how an association is doing, there are few better lenses than the community’s budgets and financial reports. From an investment perspective, they show the shareholders, managers, tenants, owners, and board whether the property is solvent or not. If the numbers add up and the monies coming in and out balance, […]
Pay Up! The Subtle Art of Collecting Arrears
In the tough economic environment of the past few years, many condo owners have faced job losses, pay decreases or just financial uncertainty. Unfortunately, this sometimes leads to owners not paying their common charges. Read More……
Cash-Strapped? Getting Residents Behind an Assessment
Money is a topic people are often skittish about discussing—especially when the discussion involves rising fees, or having to pay more money for something. When you’re a board member or the property manager of a condo building or residential association however, there’s no benefit to skirting financial realities just because they may be difficult or […]
Amazing Amenities: Wine Cellars, Aquariums or Maybe, a Bowling Alley?
New Jersey is known for having some of the very best urban opportunities in the world—among the best colleges and schools, museums and libraries, as well as some of the finest parks, the most interesting architecture, the most intriguing mix of diverse people, and among the very best collection of historic sites in the nation. […]
Déjà Vu All Over Again: Political Signs in Community Associations
As reported in the Press of Atlantic City, Anita Carbonara has two signs in support of President Barack Obama in the windows of her Barnegat Township home. The Board of Trustees at the Heritage Point, Ms. Carbonara’s homeowners’ association, wants the signs removed. Ms. Carbonara previously made a request to the Board to allow her […]
MAZDABROOK COMMONS HOMEOWNERS’ ASSOCIATION v. KHAN
MAZDABROOK COMMONS HOMEOWNERS’ ASSN v. KHAN MAZDABROOK COMMONS HOMEOWNERS’ ASSOCIATION, Plaintiff-Appellant, v. WASIM KHAN, Defendant-Respondent. No. (A-65-10), September Term 2010 (067094).Supreme Court of New Jersey.Argued October 24, 2011.Decided June 13, 2012. CHIEF JUSTICE RABNER delivered the opinion of the Court. The question in this appeal is whether a homeowners’ association can prohibit residents from posting political signs […]
So Now You’re On the Board
The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, […]