The New Jersey Condo Blog

If your condominium association has delinquent owners, fear not the dreaded legal fees.  In a decision dated May 1, 2015, the Appellate Division confirmed what community association collection attorneys already know.  Condominium owners are statutorily and contractually obligated to pay monthly maintenance fees. Most governing documents provide that in the event resort to counsel is […]

As the end of 2014 approaches, many community associations and board members will be forced to deal with the issue of how well they fared with resolving homeowner delinquencies for the past year.  According to an article published by the Mortgage Bankers Association, a Washington, D.C based organization, New Jersey “leads the nation in the rate […]

Most community associations have rules and regulations in place governing the parking of vehicles. Violations are typically addressed by the issuance of a fine or, in some instances, towing of the vehicle. However, towing a vehicle in New Jersey requires compliance with the Predatory Towing Prevention Act. In light of this, many communities are now […]

In an opinion dated July 8, 2014, the Appellate Division of the Superior Court of New Jersey ruled that the beneficiary of a decedent’s estate was not responsible to pay delinquent homeowners’ association fees.   Homestead at Mansfield Homeowners Association v. Mount, 2014 WL 3055898. The matter was before the Court on appeal from a final order […]

Although statistically speaking, cases involving the collection of delinquent homeowners’ association fees do not rank in the top percentage of claims for FDCPA violations filed in federal court, law firms engaged to collect delinquent fees are subject to the FDCPA and law firms have been sued for alleged FDCPA violations. Courts are increasingly expanding the […]

In a per curiam opinion dated June 25, 2014, the Appellate Division, following the principles of equity, declined to set aside a sheriff’s sale based on the defendants’ allegation of lack of notice of the sale in strict compliance with Rule 4:65-2. The Court affirmed Judge Levy’s ruling that an extension of the redemption period sufficed to […]

In an unpublished letter opinion dated June 17, 2014, the New Jersey Tax Court ruled that the owner of a condominium unit, subject to COAH restrictions, was required to pay the taxes in full prior to challenging the amount of the tax owned.   Lafayette Navesink Homes, L.L.C. v. Borough of Rumson, Docket Nos. 016024-2012; 010718-2013 (June […]

Please visit the booth for Becker & Poliakoff, LLP at the Cooperator Expo on May 7, 2014. We will have materials and a PowerPoint presentation concerning delinquent association fees and the collection process. I also will be at the Advice Booth from 11:00 a.m. to 12:00 p.m. to answer any questions you may have regarding […]

Last week, the Appellate Division of the New Jersey Superior Court issued a per curiam opinion denying the request of a condominium association for appointment of a rent receiver in Woodlake at King’s Grant Condominium Association, Inc. v. Christopher Coudriet, 2014 WL 1281474 (April 1, 2014) The underlying facts giving of the matter presented to […]

Late last week the President signed into law a bill that will provide relief to millions of homeowners whose flood insurance premiums were expected to soar through the roof.  A portion of the Biggert-Waters Flood Insurance Act of 2012, designed to help the national flood insurance program (NFIP) get out of debt, required the Federal […]

Undoubtedly, in the current economic climate, many community associations and boards are faced with the dilemma of dealing with and managing units that are vacant and have been abandoned by the owners. Generally, these units are burdened with significant debt and maintenance arrears that continue to accrue each month. Additionally, these units are commonly in […]

Despite the fact that we live in a transparent age, there are legitimate concerns and reasons for board members to keep certain information confidential. Disclosure of confidential information by a board member could compromise the association or present an unwarranted invasion of privacy upon another. For example, liability on the part of the corporation or […]

After muddling through multiple snowstorms this winter, this article is particularly appropriate to compose on a snow day! In a recent decision, the Appellate Division declined to impose liability on a condominium association for a plaintiff’s slip and fall that occurred on an interior sidewalk within the community property. New Jersey imposes a duty on […]

In the wake of Hurricane Sandy, many communities throughout the tri-state area suffered severe and catastrophic damage.  Community associations, much similar to single family homeowners, turned to the Federal Emergency Management Agency (FEMA) for financial assistance, only to be turned away.  Surprisingly, federal law does not currently permit FEMA to provide financial assistance directly to […]