Category: Article
Many boards focus on only a few provisions of the contracts they sign. What service or materials are they getting? What are they paying? When will the contract commence? Far too many other crucial provisions are overlooked as boilerplate. Indemnification clauses are often seen as part of the standard boilerplate […]
Can or Should Community Associations Impose Firearm Regulations through Governing Documents
The recent senseless slaughter of school children in Parkland, Florida has fueled and reignited the long-simmering debate about gun control in our society. Community associations are not immune to violent tragedies, including gun deaths. We are all familiar with the case involving Trayvon Martin, a teenager who was shot and […]
Term Limits in Bylaws Trump Statute
Q: I am writing regarding your recent series of articles on the new condominium legislation. You have stated that the new law imposes term limits of eight years. Our current bylaws impose a six year term limit, no more than three consecutive terms of two years each. Which controls? (A.F. […]
Fear Not the Dreaded Legal Fees: Part Two
Very often boards of condominiums and other community associations hesitate to engage in litigation against unit owners who fail to pay common expense assessments due to fear of the legal expense. In addressing this concern, I often advise boards that likely if you do nothing, you will receive nothing. In New Jersey […]