Becker & Poliakoff

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Our attorneys are thought leaders in their field who keep our clients updated on the latest developments in their areas of interest. Explore our robust library of articles, blog posts, guidebooks, media commentary, and news.

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“Political Signs and Holiday Decorations in Community Associations” – Community Trends

With election and holiday season upon us, community association boards are typically tasked with the best way to promulgate rules and regulations concerning political signs and holiday decorations. Living in a pluralistic society can have its challenges. However, a lawful, well-crafted, objective, and non-discriminatory policy can help a community live harmoniously while respecting the beliefs […]

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Utility Rates on the Rise: How New Jersey Community Associations May Be Affected and How to Prepare Now

As energy costs are predicted to dramatically increase and budget season is upon associations with fiscal years based on the calendar year, New Jersey associations that purchase electric service for their residents should prepare for surging utility rates in 2025 and 2026 following PJM Interconnection’s (“PJM”) last capacity auction. PJM, headquartered in Valley Forge, Pennsylvania, […]

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“There is More to S2760” – Community Trends

Most people in the community association world are now aware of New Jersey’s Senate Bill S2760, commonly known as the Structural Integrity and Reserve Act (“Act”). This legislation introduces crucial provisions for condominium and cooperative buildings, addressing structural integrity, mandating periodic inspections, and improving reserve funding requirements. As community associations prepare for the transition from […]

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Appellate Division Confirms That Age-Related Ownership Restrictions Are Unlawful

Many New Jersey age-restricted communities, particularly those in South Jersey, have provisions in their declarations or master deeds that restrict ownership of a home to persons 55 and older or in some cases to 62 years of age and older. Those governing document provisions also require that the home must be occupied by at least […]

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Winning Your Case: Selecting the Right Experts in Community Association Transition Litigation

If your community association is in the midst of transition litigation or in the beginning stages of contemplating bringing suit for transition or construction defects against the developer of your community, then you’re going to need to assemble the right team. In New Jersey, that team will include an “expert.” But what is an “expert” […]

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“A Guide to Community Association Governance in New Jersey” – Community Trends

Living in a community association offers an array of benefits – well-maintained common areas, a sense of community, and shared amenities. However, a smooth-running community association relies on a strong foundation built upon a clear and documented framework called the “governing documents.” This framework, however, can be complex and downright overwhelming at times. The governing […]

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Becker Successfully Defends Condominium Association in Paterson, New Jersey, Against Nearby Development Proposal

Becker is pleased to announce the successful denial of a Planning Board application on behalf of our client, a 300+ unit condominium association in Paterson, New Jersey. Led by Shareholder Martin Cabalar, Becker presented a compelling case opposing the development of an adjacent property during the City of Paterson Planning Board hearing. The proposed project, […]

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Becker Expands New Jersey Community Association Practice with the Addition of Ronald L. Perl

April 1, 2024 – Morristown, NJ – Becker, a leading multi-practice commercial law firm with attorneys, lobbyists, and other professionals throughout the United States, proudly welcomes Ronald L. Perl as Counsel in its Community Association Practice. He will be a resident in the firm’s Morristown and Red Bank New Jersey offices. With more than 30 […]

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Paul Shur, Martin Cabalar Recognized as 2024 New Jersey Super Lawyers

Becker proudly announces the recognition of Paul Shur and Martin Cabalar, shareholders in our New Jersey offices, as a Super Lawyer and Rising Star, respectively. The “Super Lawyer” designation acknowledges the top 5% of lawyers in New Jersey, while a “Rising Star” represents the top 2.5% of attorneys under 40 in New Jersey. Mr. Shur, […]

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UPDATE: Dryer Vent Regulations Are Being Enforced by the Local Fire Safety Officials

Hopefully, everyone is aware that most Associations’ insurance Companies have been recommending/requiring regular dryer vent cleaning and/or repair (usually every two (2) or three (3) years). Many associations have adopted Resolutions that govern when Owners must perform cleanings and inspection and engage professionals to make needed repairs to the dryer vents to prevent fire hazards. […]

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Involved Versus Committed: Does My Community Association Need a Social Media Policy?

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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John S. Prisco Named CAI NJ’s “Speaker of the Year”

We are thrilled to announce Becker shareholder John S. Prisco has been named “Speaker of the Year” by the Community Association Institute’s New Jersey Chapter. John earned this recognition for leading a November 2023 webinar, “Preparing for the Future—Continuity Planning for Community Associations.”  In his discussion, John shared his insights on disaster preparedness and the […]

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From Developer to Homeowners: A Brief Overview of Transition in New Jersey Community Associations

Congratulations on becoming homeowners in your new community! As you settle in and start to personalize your spaces, an important milestone awaits: the transfer of control from the developer to the unit owners. This process, known as “transition,” marks the moment when you and your fellow residents take the reins of your community, shaping its […]

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Becker Spotlight: Martin Cabalar on Developer Transition, Construction Defects, & New Jersey’s Structural Integrity and Reserve Funding Law

Recognized by New Jersey Super Lawyers as a ‘Rising Star,’ and ranked by Chambers and Partners in the field of Construction, if you spend a few minutes with Martin Cabalar, you’ll realize it’s true. Cabalar, a shareholder in Becker’s New Jersey office, is part of the firm’s community association and construction litigation practice groups. He […]

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Webinar: Impending NJ Legislative Mandates

 A new law is now in effect in New Jersey, which imposes stricter requirements for building inspections and reserve studies. Governor Phil Murphy recently signed S2760 / A4384, effective January 8, 2024. Are you and your community ready for what may be coming? Do you want to know how it will help keep your […]

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New Jersey Governor Signs Mandatory Structural Integrity and Reserve Funding Legislation (S2760/A4384): What It Means for Your Association

New Jersey Governor Phil Murphy recently signed S2760 / A4384, a new law effective in New Jersey as of January 8, 2024, which includes two major components affecting community associations. The first component concerns building inspections, and the second component pertains to reserve studies. Read below for an overview of these two components and the […]

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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 […]

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Tort 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 […]

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The Corporate Transparency Act: What Is It and Does It Apply to Community Associations?

In 2021 Congress passed and the president signed the Corporate Transparency Act or CTA as part of the larger Anti-Money Laundering Act. Under these laws the federal government targets tax fraud, terrorism, and money laundering by requiring US-formed corporations, limited liability companies, and any entity that registers its formation with the state to report certain […]

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Becker Expands Footprint in Southern New Jersey and Philadelphia with Grand Opening of Mount Laurel Office

July 1, 2023 – Mount Laurel, NJ –  Becker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals in offices throughout the East Coast is pleased to announce that the firm’s third New Jersey office, based in Mount Laurel, has officially opened. The new office, led by Jonathan H. Katz, will assist clients with community […]

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Is 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: […]

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“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 […]

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The New Fannie Mae and Freddie Mac Lender Questionnaire: To Answer, or Not to Answer, That Is the Question!

The Federal National Mortgage Association (“Fannie Mae”) and the Federal Home Loan Mortgage Corporation (“Freddie Mac”) recently issued new temporary requirements as an attempt to mitigate risk in community association loan underwriting. Many other industries within the community association world, such as insurance, have adjusted costs and guidelines in an effort to mitigate risk as […]

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Is your Association Safe from a Large Counsel Fee Award?

Lately, there has been an uptick in lawsuits against our Associations when the majority of the Board decides to remove a Board Member who has allegedly become unruly or is proving to be very difficult to handle.  Most governing documents contain provisions whereby the Association indemnifies all Board Members against  losses, costs, and expenses that […]

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Becker 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 […]

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