Across the green from Becker’s Morristown office is a delightful restaurant named “The Committed Pig.” When you walk in the door, a sign on the wall explains the restaurant’s interesting moniker: the best way to describe the difference between involvement and commitment is “bacon & eggs” the chicken is involved, but the pig is committed […]
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“How to Proactively Utilize Your Community Association Attorney” – Community Trends
Normally, attorneys must be reactive when asked to address an important question, issue, or even a pending lawsuit, so it is a pleasant surprise when attorneys are asked to be proactive and impart their wisdom and advice to our community association clients. Here are a few suggestions for how your community association can proactively utilize […]
Read MoreTort Immunity in New Jersey Community Associations
The word “immunity” can conjure up many feelings, especially after living through the past few years of COVID-19. This is somewhat ironic because a different type of immunity became a flashpoint for community associations during the pandemic – tort immunity. Tort immunity is a legal theory that provides, in certain circumstances, that a person or […]
Read MoreIs Your Community Association Receiving the Benefits of the Municipal Services Act?
New Jersey’s Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8, which went into effect in 1993, is the first (and possibly still the only) legislation in the country that requires cities and towns to provide certain municipal services or reimbursements to community associations within their borders. In short, the Act requires every municipality in New Jersey to either: […]
Read More“Searching With My Good Eye Closed: Addressing Mental Illness in Community Associations ” – Community Trends
On December 19, 2022, a 73-year-old resident of a condominium in Toronto, Canada shot and killed five people — including three members of the association board — allegedly over a long-running dispute with the association. According to the police reports and court documents, the resident had for a significant time claimed that vibrations and emissions […]
Read MoreBecker Opens Third New Jersey Office and Grows Community Association Practice: Jonathan H. Katz and Loren Rosenberg Lightman Join the Firm’s Community Association Practice
May 8, 2023 – Morristown, NJ — Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the U.S., announces that Jonathan H. Katz and Loren Rosenberg Lightman have joined as shareholders in the firm’s New Jersey community association practice. They will be based in the firm’s new Mount Laurel and Red […]
Read More“Community Association FAQs: Legal Edition” – Community Trends
As you would probably expect, attorneys get asked a lot of questions. One of the first things they teach you in law school is how to answer every legal question with the standard response: “It depends.” As it turns out, that is one of the most valuable lessons you can learn as a fledgling attorney…
Read More“President’s Column: November/December 2021” – Community Assets
In my first President’s column I said that if I do this right, I wouldn’t talk about myself in this column. That, my friends, was a lie. In fact, I’ve used the past five columns to do nothing but tell you about me, what I believe is important, and my (very) random thoughts about music, books, obscure theories, and, most important, about our community…
Read More“President’s Column: September/October 2021” – Community Assets
As a community association attorney, I do a lot of driving. To and from board meetings, court hearings, site inspections, and, of course, CAI events. A few years ago, I started listening to podcasts to get away from my thoughts and help pass the time.
Read More“Eradicating Discriminatory Covenants in Community Associations” – Community Trends
Senator Troy Singleton introduced legislation that would authorize New Jersey community associations, without the vote of the members/owners, to remove from their documents “any restriction, covenant, or condition that prohibits or limits the conveyance, encumbrance, rental, occupancy, or use of real property” based on race, creed, national origin
Read More“President’s Column: May/June 2021” – Community Assets
I really do promise that at some point I will stop talking about 2020. That being said, I have one quick story for you and then a final trip back in time to talk about the mess that was 2020. One of my favorite home videos is one that my wife took of my son, Nathan, and his friend, Robert, eating ice cream.
Read More“The Legalities of Electronic Voting Post-Radburn” – Community Trends
By now, most everyone has heard about the Radburn legislation, which was signed into law by Governor Christie on July 13, 2017. What you may not have known is that until the Radburn legislation became effective, there was no specific statutory authority in New Jersey regarding electronic voting for community associations.
Read More“Does my Community Association Need a Social Media Policy?” – Community Trends
While social media can be an informal and inexpensive way for community associations to increase information and engagement among their residents, association boards must be wary of potential pitfalls and legal risks if that social media presence is poorly managed.
Read More“Manager vs. Professional” – Community Trends
Scenario: Condo X is a community with lots of families with children. In the summer the association’s large pool is very popular every day of the week. Many of the parents are attentive to their children at the pool. However, some families drop off their children at the pool and leave them there to swim unattended. Other parents stay at the pool but
Read More“Learning to Fly: Drones in Community Associations” – Community Assets
People keep shooting down drones. Surprisingly (or maybe not), one of the first reported drone shootings happened in New Jersey in September of 2014, when Lenny Helbig’s neighbor, Russell Percenti, shot down Lenny’s drone with a twelve-gauge shotgun.
Read More“Political Signs in Pennsylvania & New Jersey Community Associations” – Community Assets
With the Republican and Democratic National Conventions behind us, campaign season is now in high gear. Many people feel very strongly about who should become our next President and would like to convince as many people as possible to vote for their preferred candidate.
Read More“New Jersey Supreme Court Distinguishes Luchejko and Holds Community Association Is Not Immune from Liability for Failure to Clear Ice and Snow from Private Sidewalks” – Community Trends
In August 12, 2015, the New Jersey Supreme Court held in Qian v. Toll Brothers Inc., that community associations are not immune from liability for their failure to adequately clear snow and ice from sidewalks within the community. The report of this decision in newspapers and by others has caused concern for community associations
Read More“Electronic Voting in Community Associations” – Community Assets
The premise of Walt Disney’s Carousel of Progress, which was created for the 1964 New York World’s fair and is now located in the Magic Kingdom at Walt Disney World in Florida, is an exploration of the advent of electricity and other technological advances during different parts of the 20th century.
Read More“Avoiding Transition Mistakes in Community Associations” – Community Trends
In the community association context, transition describes the two-part process by which control of an association, together with responsibility for the common elements and/or common property, is transferred from the developer of the community to the unit owners.
Read More“Understanding Community Association Due Process” – Community Assets
What is due process? And why should community associations care about providing a “fair hearing” or an “opportunity to be heard”?
Read More“Proceed with Caution: Community Association Security & Neighborhood Watch Programs” – Community Assets
By now, everyone has heard about the tragic case of Trayvon Martin, who was killed by the head of a volunteer neighborhood watch group in Sanford, Florida. While not the first time a community association has dealt with an assault or murder within its gates, it is certainly one of the most well-recognized – and most talked about – cases in some time.
Read More“Revisiting FHA’s Condominium Project Approval and Processing Guidelines” – Community Assets
By the time you read this, the Condominium Project Approval and Processing guidelines (the “guidelines”) will be a year old. Issued by the Federal Housing Administration (“FHA”) on June 30, 2011 as part of Mortgagee Letter 2011-22…
Read More“Attempting To Make Sense of FHA’s New Condominium Project Approval and Processing Guidelines” – Community Trends
On June 30, 2011, the Federal Housing Administration (FHA) issued its long-anticipated Condominium Project Approval and Processing Guidelines for condominiums seeking approval for FHA-insured mortgages. These guidelines, issued as part of Mortgagee Letter 2011-22, were intended to provide a single source of information as well as to consolidate, update
Read More“Protecting Your Association From Fraud” – Community Trends
If you live in an association — whether it is a condominium, homeowners association or cooperative — protecting your community from fraud should be your number one resolution for 2011. Chances are that someone, somewhere, has unfettered access to your association’s bank accounts, financial records and, most importantly, your money.
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