The end of the year is the time of year when real estate attorneys are the busiest. We are trying to close multiple deals by year-end for our clients. With the closing rush comes the review and negotiation of stacks of documents. We work on contracts, leases, and loan documents. Over the years, most attorneys […]
Read MoreResults
Why Should Your Community Consider Trademarking Its Name and Logo?
Many communities rely upon name recognition and a certain style logo to attract attention from potential new purchasers as well as to enhance real property values for existing owners. I live in a country club community that has a distinct font and logo which is intentionally highlighted on our association website, advertisements, business cards, stationary, […]
Read MoreAre Signed Condominium Election Ballots Valid?
For the most part, voting in a condominium election is supposed to be by secret ballot but many times owners sign their ballots. Does this invalidate the ballot? No, it does not. This issue was addressed in the arbitration case of Alvarez v. Club Atlantis Condominium Association, Inc. In this case an association rejected ballots […]
Read MoreSay What?
In terminating a third party vendor, a board of directors must be careful in disseminating information concerning the basis for its decision – especially if the decision was due to poor performance or contractual violations by the vendor.
Read MoreThe Use of a Power of Attorney Document at Association Meetings and Elections
A power of attorney (“POA”) is a legal document delegating authority (specific rights set forth in the POA) from one person (the principal) to another (the agent). Association boards and managers may have encountered these from members who wish to designate someone else to act on their behalf and many questions arise as a result. […]
Read MoreDos and Don’ts for HOA Board Members When It Comes to E-Discovery
You were just elected as a member of the board for your association and with that election comes a series of responsibilities. With so many people living in your building, along with those who service the building, odds are you may deal with a legal issue or two during your tenure. If any of these […]
Read MoreHow to Sell a Home While Trying to Buy One at the Same Time
Buying a home is often a difficult process in and of itself, but selling a home while trying to buy one at the same time? It can be done if you have a plan and know what you are doing. You should have a real estate professional on your team to help you navigate through […]
Read MoreForcing the Sale of Property After Breach of Sales Agreement
When parties enter into an active contract on the purchase of a home, they assume that the contract will close on the agreed upon closing date listed in the sales contract. Sometimes, however, notwithstanding that obligation, one of the parties changes their mind. What remedies are available when the other party refuses to close?
Read More5 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 […]
Read MoreWhy Community Associations Should Check Their Zoning and Entitlement History
Zoning laws are enacted by villages, towns, cities, or counties to control the types of uses and the parking ratio, intensity, density, and dimensions of those uses. This is for the purpose of preserving property values, managing growth, preserving the character of a community, facilitating the adequate provision of transportation, and promoting public health and […]
Read More