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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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Becker New Jersey Community Update

Becker Merges With New Jersey Community Association, Construction Litigation Law Firm The firm is pleased to announce its merger with the Law Offices of Arnold J. Calabrese, a New Jersey-based community association and construction litigation law firm. The merger adds two attorneys –  Arnold J. Calabrese and Karl T. Meth  – to Becker’s Morristown, NJ, office. Calabrese and Meth, […]

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UPDATE: Recent Clarifications from the New Jersey Department of Health on the Amendments to the Public Recreational Bathing Code

In our most recent blog post, we responded to a reader considering eliminating the lifeguard at their pool. This is something that many communities have considered doing this pool season as a result of the amendments to the Public Recreational Bathing Code, N.J.A.C. 8:26-1 (the “Code”), particularly the requirement that facilities with pools larger than 2,000 square feet […]

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Q&A: Amendments to the New Jersey Public Recreational Bathing Code and the Effects on Your Community Association

Q: Our association is considering eliminating the lifeguard at our pool. Do we need to do anything other than post “swim at your own risk” signs?  A: Many communities throughout the State of New Jersey are giving serious consideration to eliminating the lifeguard at their pool in light of the amendments to the Public Recreational Bathing […]

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