Call Us (973) 366-1188
415 Route 10, 2nd Floor, Randolph, NJ 07869

News & Resources

Category: Community Association Law

New Jersey Condominium Association Boards May Have Emergency Access to Units

Posted February 13, 2019 in Community Association Law

In New Jersey, the Board of a condominium association may, under emergent circumstances, have a limited right of access to units within their Association without advance notice or consent of the unit owner.  Condominium association boards should be careful when exercising these rights, however, as it may be difficult to evaluate whether the circumstances justify such access.  If the access is unjustified by the circumstances, then the unit owner may have a legitimate dispute against the condominium association board.

Read More

What Type of Signage Can a Condo Association Restrict?

Posted January 8, 2019 in Community Association Law | Author: Glenford Warmington, Esq.

In the New Jersey private property context, the right to put up signage on one’s own property is directly tied to free speech rights.  Restrictions imposed on signage are -- in essence -- a curtailment of free speech rights, and as such, unit owners in a condominium complex may have a legitimate action against the condominium association, when a restriction goes above-and-beyond the bounds of reason.

Let’s take a peek at how it works.

Read More

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.

Read More

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.

Read More

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.”

Read More