Attorneys

June 20, 2019

On June 3, 2019, the New Jersey Department of Community Affairs (“DCA”) issued several proposed amendments to regulations under the Planned Real Estate Development Full Disclosure Act (“PREDFDA”). The regulations are intended to both carry out the 2017 amendments set forth by the “Radburn Act” and “to enhance resident voting participation rights” in community associations. Of particular importance is that several of these proposed regulations seek to implement obligations on Associations that exceed the obligations set forth under Radburn.   

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May 30, 2019

When a tenant passes away, landlords often face questions of what to do with the apartment and how to respond to family members and next of kin during such an emotional time.  There is also the difficult situation of handling a tenant who has become ill, infirm, and/or needs to terminate his/her tenancy early to transfer permanently to a nursing or assisted living home.  Under the law, there are certain requirements that a tenant or next of kin must follow to provide for a smooth transition in such times

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May 23, 2019

During the course of a community’s administration, issues can arise between an individual homeowner and the governing board. The Association, represented by its Board of Directors or Trustees, may believe that the individual homeowner is not acting in accordance with the rules or restrictions set forth in the Association’s governing documents. The individual homeowner may feel that the Association’s Board of Directors has overreached the limit of its authority.

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May 23, 2019

One issue that has been plaguing community associations with pet restrictions in recent years is the increasing frequency of requests by unit owners seeking to keep emotional support animals in the community.  While few Boards question the right of an individual to keep a service animal in their home when they truly need one, some Boards believe that individuals are making requests for “emotional support” animals in order to circumvent the governing documents.

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May 3, 2019

On April 29, 2019, New Jersey Governor Philip Murphy signed into law two new amendments that provide relief to community associations with homes in foreclosure.  When a unit or a home in a community association is in foreclosure and does not pay assessments, it will ultimately be left for other owners in the community to pay them. Currently, the New Jersey Condominium Act allows condominium associations the right to collect up to 6 months of unpaid assessments when a condominium unit is foreclosed. The limited priority status of the lien allows the condominium association to collect the priority of its lien ahead of a mortgage lender and other lien holders.

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May 2, 2019

Two bills sit on Governor Murphy’s desk for signature that could alter the landscape of the current foreclosure process in New Jersey. Zombie Foreclosures are bank foreclosures on vacant units, which are stalled or delayed for years. Associations with units stuck in zombie foreclosures must deal with a lengthy foreclosure process. Associations have a strong interest in expediting these foreclosures because an abandoned unit does not pay maintenance fees. Associations lose less money when they expeditiously complete the foreclosure process.

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