Perspectives

Q: Our community has a resident who leaves their unattended, large service dog on the balcony. The dog barks once or twice every time it sees anyone walk by. This goes on all day and evening. The tenant is a renter and efforts to have them keep the dog inside have failed. Please help! A: […]

In our most recent blog post, we responded to a reader considering eliminating the lifeguard at their pool. This is something that many communities have considered doing this pool season as a result of the amendments to the Public Recreational Bathing Code, N.J.A.C. 8:26-1 (the “Code”), particularly the requirement that facilities with pools larger than 2,000 square feet […]

Q: Our association is considering eliminating the lifeguard at our pool. Do we need to do anything other than post “swim at your own risk” signs?  A: Many communities throughout the State of New Jersey are giving serious consideration to eliminating the lifeguard at their pool in light of the amendments to the Public Recreational Bathing […]

Q:        A resident is demanding copies of attorney invoices, but aren’t these subject to the attorney-client privilege? A:        The simple answer is: it depends. While “it depends” is not the most satisfyingly complete answer, owners generally have a right to see our invoices. However, when an invoice pertains to or contains attorney-client privileged information, your counsel should […]

Q:     Can board members adopt a policy requiring all members of the Board to execute a confidentiality agreement? A:       While there is no New Jersey case law directly on point, the likely answer is that with respect to material that is confidential, the governing board of a common interest community may adopt […]

Q:       Is there a limit how much we can charge to pull, provide and copy requested paperwork? Can we make a profit? A:       Yes, there is a limit to the amount a condominium association can charge its residents to provide copies of records the association is required to keep open to inspection by its […]

On December 7, 2017, a Hudson County Superior Court Judge, in the matter of Grandview II at Riverwalk Port Imperial Condominium Association, Inc. v. K. Hovnanian at Port Imperial Urban Renewal III, LLC, et al, Docket No. HUD-L-2839-14 (“Grandview II”), denied summary judgment to an architect retained by the developer who argued that the statute of […]

Q: How often do HOAs need to provide financial reports that include a balance sheet, receipts for work contacted and bank statements to the contributing members? A: It is not readily apparent from the question whether the reader is asking on behalf of a condominium association, or a homeowner’s association, as many use the term “HOA” interchangeably. […]

On September 14, 2017 the New Jersey Supreme Court issued a long anticipated decision in the matter of The Palisades at Fort Lee Condominium Association, Inc., v. 100 Old Palisade, LLC (“Palisades”). The decision may have an immediate impact on recently constructed condominiums, or those to be constructed in the future, that have construction deficiencies. While innately fact-driven […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]