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“Planning For A Possible Increase in Delinquencies as a Result of the Pandemic,” Community Trends Magazine

The coronavirus pandemic has been with us for approximately one year and among many unanswered questions is the potential future impact on the ability of community associations to collect monthly maintenance fees. While the majority of communities have not seen a significant increase in delinquencies as a result of the pandemic, there remains concern that […]

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“Code of Ethics: Does Our Community Need One?” Community Trends Magazine

While some may believe that a “Code of Ethics” or “Code of Conduct” is nothing more than a policy advising fellow owners how to conduct themselves like adults – and, make no mistake, it serves that purpose quite well – every community association needs one. As much as we may hope that common sense and […]

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“New DCA Rules Regarding Benefit Derived and Reserves,” Community Trends Magazine

For decades associations and developers in transition have been plagued by ill-defined concepts embodied in the rules of the New Jersey Department of Community Affairs (DCA) governing the developer’s obligation to pay common expenses for units under development and individually owned “in proportion with the benefit derived by the unit from items included in the […]

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Fiduciary Duty and the Remediation of Construction and Design Defects

The existence of a construction or design defect in a community association gives way to a unique paradox in the nature and scope of the fiduciary duty board members owe to the association and its members. On one hand, the board has a fiduciary duty to maintain and provide for the necessary repairs to the […]

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The FDCPA and Debts That Can Cause Despair: Issues Implicated in Connection with Debt Collection for Community Associations

The Fair Debt Collection Practices Act (15 U.S.C. § 1692) commonly known and referred as the FDCPA is a federal statute that regulates the conduct of debts collectors in connection with activity to collect consumer debt on behalf of creditors. Although normally associated with and discussed in the context of credit card debt collection and other […]

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Neighboring Tree Threatens Your Community, What Can You Do?

(As originally published in the January 2013, “Restore the Shore” issue of Community Trends, CAI-NJ) In the aftermath of a severe storm you may find that a neighboring property’s tree has fallen on to your community’s property.  Even leaning trees or overhanging branches may create a nuisance; or worse, a potentially hazardous condition.  In the […]

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