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Omicron Spike in COVID-19 and Amenities

We are receiving many requests for advice from associations with indoor facilities asking whether they should close their indoor facilities due to the recent surge of the Omicron variant. In providing our advice we rely on publicly available data. The U.S. Department of Health and Human Services (“HHS”) reports on COVID rates over 7- and […]

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How to Easily Update Your Community’s Investment Policy

The Coronavirus pandemic has been with us for almost two years and its impact on the financial market has many community associations asking: “how can we reasonably obtain a greater return on our capital reserve fund investments?” Many community associations’ investment capabilities are limited by their governing documents to deposits in an interest-bearing savings account […]

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5 feet or 10 feet, Which Is It? The Confusion Within the New Jersey Fire Code Regarding Portable Propane BBQ Grills

Everyone enjoys a good BBQ, and making sure they are safe should be a priority for any board in a community association. In the mid 2000’s, community associations throughout New Jersey saw a flurry of rule adoptions to comply with the New Jersey Fire Code at the time, which generally prohibited portable propane BBQ grills […]

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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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