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News & Resources

The Nuts and Bolts of P.L. 2017, Ch. 106: A New Law Improving the Democratic Process in New Jersey Community Association Elections

Posted July 27, 2017 in Community Association Law

New Jersey Governor Chris Christie signed into law P.L. 2017, Ch. 106 (S-2492/A-4091) on July 13, 2017. This new law, will affect community associations, such as condominiums and homeowner associations, throughout the state of New Jersey by making the board election process more democratic. Additionally, this new legislation will supersede every community association’s by-laws, if there are conflicts between the new law and current By-Laws. Accordingly, many Associations will seek to amend their By-Laws to incorporate provisions of this law. In some cases, elections may have to be postponed in order to work on election procedures.

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Condominium Association Liens and Foreclosures in New York

Posted July 7, 2017 in Community Association Law

In the state of New York, as in other states, homeowner associations (HOAs) and condominium associations (COAs) are entitled to demand dues and specific payments relating to different services — known as assessments — that are necessary for administration, maintenance, and the carrying out of various other association responsibilities.  Assessments are the lifeblood of an HOA/COA.  Without such financial support, the association cannot perform its functions adequately.

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When an Assignee is considered a “mortgagee in possession”

Posted June 12, 2017 in Community Association Law

An Appellate Division case, Woodlands Cmty. Ass’n v. Mitchell, 2017 N.J. Super LEXIS 67, was published on June 6, 2017. The court considered whether a lender’s assignee that takes possession of a condominium unit when the mortgagor defaulted on the loan, is considered a “mortgagee in possession” of the unit when the assignee winterizes and changes the locks and therefore responsible for the payment of the condominium fees and assessments. The Court held that winterizing the unit and changing the locks are “minimal actions” and do not deem the lender a “mortgagee in possession.”

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Parking Enforcement Rules and Rights- When is it permissible to tow?

Posted June 12, 2017 in Community Association Law, Landlord/Tenant Law

It is well known that parking can be an especially frustrating problem for individuals living in community settings, especially in apartments and condominium associations. Whenever action is taken against wrongfully parked vehicles, there is bound to be an emotional reaction. Accordingly, it is essential for communities to have enforceable and effective rules and regulations in place regarding the towing of illegally parked vehicles in order to avoid potential litigation.

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The Duty to Mitigate as a Commercial Landlord

Posted May 29, 2017 in Landlord/Tenant Law

As a landlord — commercial or residential — the possibility of a tenant prematurely vacating the property and leaving you with no immediate financial recourse for obtaining rental payments can be rather frightening.  Certainly, this difficult situation can be remedied somewhat by keeping the security deposit and working with an attorney to file a claim against the delinquent tenant for the remaining unpaid rent and various other unpaid charges.

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