In 2024, New Jersey Assemblywoman Annette Quijano introduced legislation (Bill A2449), which, if passed, would require community association board members to undergo board member training. While the bill is gaining traction in the assembly and may be signed into law in the near future, it is not yet the law of New Jersey – if and when it becomes law, we will issue a supplement to this blog release. The purpose of this article is to simply provide an update on where the legislation currently stands and what it may ultimately require if signed into law.     Read the article…………………………….

The sweeping economic sanctions spawned by Russia’s invasion of Ukraine impact co-op and condo operations in terms of admissions and collection procedures and the administration of certain services to building residents. This is because conducting business with foreign nationals or entities who are subject to the sanctions could expose an association to enforcement proceedings by the United States Treasury Department.   Read the article…………………………….

Among the many factors necessary for multifamily residential buildings to achieve financial stability, proper budget planning, compliance, and trust among shareholders, effective fee management is one of the most important. Understanding the billing structures property management companies use with different client communities can help determine which one is the best fit for your particular building or HOA.   Read the article…………………………….

The right property management team can make or break a building. While basic day-to-day maintenance and financial oversight often take priority when managing a multifamily property, comprehensive property management also includes building security, legal compliance, and resident satisfaction.    Read the article…………………………….

Capital projects like major facade work, window replacements, and essential system overhauls can significantly disrupt daily life for the people who call a co-op or condo building home. Engineers, general contractors, and construction companies need to carefully consider the impact of noise, dust, and the need to temporarily relocate or work around common areas while doing this type of work. They collaborate with managers and boards to make sure projects go according to plan, and to minimize disruptions as much as possible.  Read the article…………………………….

While some co-op and condo communities have tried social media platforms like Facebook, Instagram, TikTok, or Twitter/X as ways to build community spirit and facilitate better communication between neighbors, management, and even the board, most have remained ‘old-school,’ sticking with newsletters, bulletin boards (both digital and cork) in the lobby or mail room, and email blasts to residents. With the ubiquity of social media these days, it may be worthwhile to ask why multifamily communities haven’t really embraced it.    Read the article…………………………….

Just as a ship cannot steer without its captain, a board cannot function effectively without its president. As the administrative head, this volunteer position is vital for ensuring the smooth operation of a condo, co-op, or HOA board. The president’s leadership is essential for fostering collaboration and aligning the board’s decisions with the community’s needs and goals.   Read the article…………………………….

One of the certainties of living in a co-op, condo, or HOA is that despite all having an equal stake in the financial and administrative success of the building or association, only a small percentage of residents choose to take an active role in the governance and management of their communities. In addition, many buildings and associations contract with a management company to help execute their boards’ decisions and handle the day-to-day supervision of the property.   Read the article…………………………….

We are now a year into the effective date of what is colloquially known as the Structural Integrity Act (Act). The law combines two important obligations condominium associations or cooperatives must now adhere to, inspection of the structure of the building (does not apply to all types of community associations) by a licensed engineer versed in structural engineering (structural integrity portion of the law) and the need to maintain adequate reserves (will apply to almost all community associations).    Read the article…………………………….

In a recent case from the New Jersey Appellate Division, the Court remanded an order granting summary judgment, finding that the record contained disputed material facts where a property owner contested a homeowners’ association’s authority to enforce building height restrictions.   Read the article…………………………….

The Corporate Transparency Act (CTA) aims to combat financial crimes like money laundering, terrorism financing, and tax evasion by increasing corporate transparency. As of January 1, 2024, the CTA requires certain businesses, including corporations and LLCs, to disclose their beneficial owners—those with significant control or ownership—to the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN). Non-compliance can result in significant fines and penalties.   Read the article…………………………….

There are three important requirements affecting New Jersey Community Associations: Reserve Studies Compliance, the Corporate Transparency Act (CTA) Compliance and Structural Integrity Compliance. Please ensure your association is in compliance.     Read the article…………………………….

With election and holiday season upon us, community association boards are typically tasked with the best way to promulgate rules and regulations concerning political signs and holiday decorations. Living in a pluralistic society can have its challenges. However, a lawful, well-crafted, objective, and non-discriminatory policy can help a community live harmoniously while respecting the beliefs and traditions of all its members.     Read the article…………………………….

As members of co-op corporations and condominium associations, we often hear the term fiduciary duty bandied about. But what does it really mean to be a fiduciary? Stated simply, the term ‘fiduciary’ means trust. When a person managing the finances or property of another person or group is acting as a fiduciary, that means they must act in the best interest of the person or group, rather than themselves. And it’s not just a matter of ethics–fiduciary duty is a legal obligation to maintain that trust.   Read the article…………………………….

Homeownership is a long-term commitment for most. In the context of a multifamily community like a condo or co-op, it’s not unusual for many owners and shareholders in the building to have purchased their units around the same time in early adulthood or middle age, raised their families there, and stayed put after the kids have launched. In cases where aging-in-place senior residents make up a majority of the building or HOA’s population the property becomes what’s known as a naturally occurring retirement community, or NORC.   Read the article…………………………….

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 the article…………………………….

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, is the United States’ largest competitive wholesale electricity market,    Read the article…………………………….

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 reserve law. The only exception is a community association with common elements/common property that will cost less than $25,000 to replace.    Read the article…………………………….

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 been applied in dozens of decisions in New Jersey, all of which stemmed from “third-party” claims—meaning matters in which the party seeking indemnification was sued by an outside person or entity (such as an injured plaintiff).     Read the article…………………………….

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…………………………….

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 possibility of liability – a concern that stops many from wanting to participate in the governance of their building or association. Fortunately, that’s where directors and officers – commonly called simply D&O – insurance comes in.   Read the article…………………………….

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 exception is a community association with common elements/common property that will cost less than $25,000 to replace.    Read the article…………………………….

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 developer control, it’s essential to understand both new and existing developer obligations under this law.    Read the article…………………………….

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 one-person 55/62 years of age or older.   Read the article…………………………….

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 article…………………………….

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 legal fees and costs based on a provision in the Association’s bylaws.   Read the article…………………………….

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, it can cause fires, and the resulting liability creates a potentially dangerous situation.    Read the article…………………………….

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 residents. However, ignoring the problem will not make it go away. Instead, use the tips in this article for dealing with the difficult residents in your HOA.   Read the article…………………………….

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 Fair Housing Act.    Read the article…………………………….

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 pets and are not subject to general pet policies.”   Read the article…………………………….

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. K.P., shows that housing disputes involving claims of discrimination that include requests for accommodation are often fact-intensive and call for an analysis with shifting burdens.   Read the article…………………………….

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 non-party to the contract.  Read the article…………………………….

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 documents, which are generally voluminous and difficult to understand, encompass a range of individual documents, each playing a specific role in governing the community.   Read the article…………………………….

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 limiting pets to a maximum weight of 30 pounds. The owners in this case adopted a dog weighting 63 pounds and requested an accommodation under the FHA.     Read the article…………………………….

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 have written this guide. In it, you will find everything you need to know about effective HOA Board communication.   Read the article…………………………….

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…………………………….

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, requiring time, energy, and diplomacy that the average homeowner might be unable or unwilling to give on a volunteer basis.    Read the article…………………………….

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 on repairs, as well as operational costs like cooling, and heating—and a well-maintained building also provides better comfort for its residents.   Read the article…………………………….

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. Thus, you should employ the strategies found in the rest of this guide for effectively handling conflict in your HOA or Condominium association.     Read the article…………………………….

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 more than 30 lbs. The association rejected the request, concluding that the resident did not need accommodation because she could have adopted a dog that weighed less than 30 lbs. (in which case, issues connected with disability and LAD would have been irrelevant).     Read the article…………………………….

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 areas involving community associations.    Read the article…………………………….

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 future and ensuring its smooth operation. To help you and your community begin this process, here is a quick overview of the key information about community association transitions in New Jersey:     Read the article…………………………….

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…………………………………

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…………………………..

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 a window, terrace, or front door? The answer may surprise you.  Read the article……………………………….

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………………………..

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………………………..

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 interpretations on complex or technical matters that are beyond the understanding of the average person or the typical juror.   Read the article………………………..

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………………………..

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………………………..