The New Jersey Condo Blog

Q:     One resident constantly complains about another resident who is in violation of a HOA rule. As a board we are aware of the violation but allow the situation because of the personal situation involved. We have communicated to the complaining resident we do not wish to discuss why we allow this violation. Do […]

Q:     Can we order our residents to evacuate our association in cases of things like hurricanes? Does a state emergency order play a role? If the state orders a mandatory evacuation can we fine residents who remain? A:     Generally, if the State or local authorities have not issued an evacuation order, the answer […]

On Thursday, July 13, Governor Christie signed legislation to enhance owner participation in community association elections. The CAI Legislative Action Committee, with Community Association Practice Chair, Dave Ramsey, leading the effort, worked side-by-side with Senator Gordon, the primary sponsor of the bill, to ensure that the final version of the law would be balanced and […]

New Jersey’s Municipal Services Act (the “Act”), N.J.S.A. 40:67-23.2 – 23.8, requires that every municipality provide “qualified private communities” with certain municipal services on its roads or streets or reimburse those communities for such services.  The purpose of the Act is to eliminate double payment for services (such as snow and ice removal, lighting of the roads and streets […]

A:     We’re not prepared for our annual meeting which is in August. We’d like to reschedule for September. Can we do that or should we just have an unprepared annual meeting in August to just say we had one? B:     While we would normally not advise a board to ignore the requirements of […]

Q:     We want to clean up the property next door to our association. The association does not own the property. It’s less money to just have it cleaned up compared to getting the current owner to clean it up. We would have permission from the owner. As a board can we approve or do […]

Q:     I live in a 40-unit condo building, which has a NO PET AMENDMENT from 1980. A woman recently purchased a unit and has been seen with a dog that barks all the time. She signed all the disclosure forms that stated “no pets” and had given the Board a note from a nurse […]

Hearty congratulations go out to J. David Ramsey, shareholder in Becker & Poliakoff’s community association practice group. David was recently honored with the Distinguished Service Award at the Community Associations Institute’s (CAI) Annual Conference Awards dinner in Las Vegas. The Distinguished Service Award is CAI’s most prestigious award and is periodically presented in recognition of longstanding, extraordinary […]

Once a judgment for condominium arrears is entered and various post judgment enforcement remedies have proved unavailing to locate assets, i.e. there are no bank accounts in the debtor’s name and no employment information can be located, there is one more tool in the toolbox! New Jersey Court Rule 4:59 – 1 (d) (1) permits […]

Q:        Does a condominium association board have an obligation to disclose information to an owner about an individual who is leasing a unit? If the lessee has a permanent guest with a criminal background does the board have an obligation to disclose this to the owner? A:        Typically, a condominium association in New Jersey would not have an obligation to disclose information to an owner about […]

The New Jersey Supreme Court has finally joined the majority of other states by holding that the standard developer/general contractor commercial general liability insurance policy (“CGL policy”) covers consequential damages caused by the faulty workmanship of their subcontractors.  The ruling is significant for condominium and homeowner associations that suffer from construction deficiencies because it provides […]

Q:           I live in a condo. We are having some issues with residents that are moving into the building and requesting a companion dog. They always say they can a letter from their doctor.  Please advise, your help is greatly appreciated. A:      The Federal Fair Housing Amendments Act (FHAA) requires “housing providers,” such as a […]

Were you promised “breathtaking,” “unparalleled waterfront views” or an “unbelievable panoramic range” of views of the Hudson River and Manhattan skyline from your condominium unit, only to have your view obstructed by a neighboring building constructed after your purchase?  Depending on the circumstances surrounding the sale and marketing of your condominium, you may be entitled to […]

A recent decision of a New York trial court proved very costly for a cooperative. An owner successfully sued the co-op for breach of the warranty of habitability, constructive eviction and breach of contract based on the infiltration of second hand smoke into the owner’s apartment. The New York Real Property Law § 235-b, applicable to cooperatives, […]

Don’t leave money on the table by  assuming  that a Chapter 13 bankruptcy filing by an owner wipes out or limits payment of a  condominium  association’s pre-petition claim for unpaid  fees and assessments. A recent decision of the United States District Court, on appeal from an order of the U.S. Bankruptcy Court, is a solid victory for condominium associations in […]

On February 4, 2016, the Appellate Division affirmed an award of treble damages to three new home purchasers, where the developer knew, but failed to disclose, that the garage could not practically fit a normal-sized sedan.[1]  Plaintiffs purchased model homes with a two-car garage, but the garage bay on the left side was not able to […]

In a recent decision the New Jersey Appellate Court held that a lawsuit by a condominium association against the developer and other parties responsible for the negligent design and construction of a condominium, that was filed more than six years after substantial completion of construction, was not barred because the six year statute of limitations […]

Feeling uncomfortable with  the length of time that it took for the  Office of Foreclosure to enter a Final Judgment of Lien Foreclosure for a Fort Lee condominium, I was excited when the week of the sheriff’s sale finally rolled around. After all, I made the recommendation to foreclose. The owner was personally served with […]

What’s in a name? The New Jersey Law Journal recently reported that the Supreme Court issued a three month suspension to an attorney for “lending” his name to a law firm where he was a nominal partner and had no role in the business of the firm. According to the Disciplinary Review Board (“DBR”), the attorney did […]

In a recent Appellate Division decision, a lawsuit that began as a simple action to collect delinquent condominium assessments proved to very costly to the owner. The history of the litigation is instructive on the basic principals of condominium law in New Jersey and the proof required to support a claim for damages under the New Jersey […]

Don’t Leave Money Behind In a recent decision, the Appellate Division, First Department confirmed that a condominium claim of lien is, in fact, a continuing lien.   Why is this significant? Typically, the time frame between the recording of a lien for past due maintenance fees and the commencement of a lien foreclosure action could be […]

Citing the importance of post judgment discovery to aid in the process of judgment enforcement, the Appellate Division, First Department  has determined that a  subpoena served on the New York branch of an international bank, seeking information about accounts and records from branches outside of New York, is enforceable.  B & M Kingstone, LLC v. Mega International Commercial […]

Several days ago, we all cackled when Fox News aired  a story questioning whether a turkey is “fowl play”.  The story involved an airline passenger accompanied by a turkey. The airline  permitted the turkey to board the flight and to obtain its own seat once the passenger demonstrated the turkey was, in fact, an emotional support animal. […]

In a published opinion dated June 11, 2015, the U.S. Bankruptcy Court for the District of New Jersey ruled that  since the condominium owners’ mortgage was under water, the condominium association’s claim under the Chapter 13 was limited to payment of the six month lien priority only.

A recent decision by the Appellate Division of the Superior Court of New Jersey confirmed the scope of the ADR requirement set forth in Bell Tower v. Haffert, 423 N.J. Super. 507 (App. Div. 2012). In The Glens at Pompton Plains Condominium Association, Inc. v. Van Kleeff, decided on May 7, 2015, the Appellate Division determined that the mandate […]