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5 Essential Dos and Don’ts of Great Managers

Dos Keep your Board educated concerning emerging trends. Board members aren’t tied the latest cases, legislation, and changes that impact their roles as board members. Many allied professionals – attorneys, accountants, engineers, insurance agents – will send emails or links to posts about important new issues in their fields. Great managers take the time to […]

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Part III: Who Pays When Causation, Claims and Coverage Cross?

Part Three of a Three-Part series: The leak came from another unit, how is it my responsibility? 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 […]

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Part II: Who Pays When Causation, Claims and Coverage Cross?

Part Two of a Three-Part series: They are responsible, shouldn’t their insurance carrier provide coverage? Last week in part one of our series, “Who pays when causation, claims and coverage cross?” we discussed responsibility for property damage. We learned that responsibility is not as simple as determining “where the leak came from.” Indeed, responsibility for […]

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Part I: Who Pays When Causation, Claims and Coverage Cross?

Part One of a Three-Part series: My oriental carpet was damaged by a roof leak; shouldn’t the association pay for the cost to replace my carpet? The answer is, “it depends.” Having insurance does not always equate to a legal responsibility for damage caused (or repairs necessitated). Likewise, a legal responsibility for damage or repairs […]

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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 legal fees are recoverable  against non-paying […]

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What’s In Your Policy…Is Your Coop or Condo Ready for NYC Smoking Rules?

Last August, New York City enacted Local Law 147 which requires owners of class A multiple dwellings to adopt and disclose a smoking policy.  Although touted as a disclosure policy, there are several requirements that owners need to be aware of since the law takes effect this August.  Under the law, the definition of owner includes the […]

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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. Damages recoverable […]

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Let No Man Put Us Under

In a decision dated, May 8, 2018, approved for publication, the New Jersey Appellate Division held that N.J.S.A. 46:3-17.4, precludes an unsecured creditor from forcing the partition of real property owned by a debtor and a non-debtor spouse as tenants by the entirety not used a martial residence.   Raul Augustin Jimenez, et als. v. Raul Anibal […]

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