Martin Cabalar and Vincenzo Mogavero were successful in obtaining partial summary judgment dismissing nearly all claims asserted against a mid-rise, luxury condominium association client located in Morristown, NJ. The association was sued by a neighboring property owner claiming that its residents were overburdening a shared alleyway that runs between the […]
The Radburn Act and Amending the Bylaws
04.12.2019
Q: The governing documents require approval of two-thirds of the owners in order to amend. Our board of trustees is indicating that we need to modernize our governing documents to comply with the Radburn Law. It is my understanding that this only needs to be done if the required votes […]
Areas of Focus:
Condo, Co-Op & HOA
Part Three of a Three-Part series: The leak came from another unit, how is it my responsibility? In week one of our three-part series, we learned that the association is generally not responsible for property damage in a unit barring some negligence on its part or available insurance coverage. Last […]
Part Two of a Three-Part series: They are responsible, shouldn’t their insurance carrier provide coverage? Last week in part one of our series, “Who pays when causation, claims and coverage cross?” we discussed responsibility for property damage. We learned that responsibility is not as simple as determining “where the leak […]
Part One of a Three-Part series: My oriental carpet was damaged by a roof leak; shouldn’t the association pay for the cost to replace my carpet? The answer is, “it depends.” Having insurance does not always equate to a legal responsibility for damage caused (or repairs necessitated). Likewise, a legal […]
