Perspectives

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 […]

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 […]

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 […]

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 […]

Did you know that adult only swims in homeowner associations can be discriminatory? The Federal Fair Housing Act [the “Act”] prohibits policies that discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services, or facilities in connection therewith, because of race, color, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]