The existence of a construction or design defect in a community association gives way to a unique paradox in the nature and scope of the fiduciary duty board members owe to the association and its members. On one hand, the board has a fiduciary duty to maintain and provide for […]
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 […]
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 […]
Federal Disaster Assistance for Condominium Associations and Cooperatives May be on the Horizon
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 […]
(As originally published in the January 2013, “Restore the Shore” issue of Community Trends, CAI-NJ) In the aftermath of a severe storm you may find that a neighboring property’s tree has fallen on to your community’s property. Even leaning trees or overhanging branches may create a nuisance; or worse, a […]