Blog

SUBLETTING IN NEW YORK - LIMITATIONS AND GUIDELINES

By Vanessa Pena, Esq. July 24, 2019 Posted in Landlord/Tenant Law

Navigating the subletting of rental apartments in New York can be a tricky business for Landlords and Tenants alike. This is especially true if the tenant is receiving subsidies or public housing assistance, and if the apartment is rent stabilized. Tenants and Landlords should be aware of the differences between subletting, assigning a lease, and having guests visit the apartment dwelling. This article is intended to provide some valuable information for Landlords and for Tenants who decide to sublease or to allow a sublease.

Read More

SUBLETTING IN NEW YORK - LIMITATIONS AND GUIDELINES

By Vanessa Pena, Esq. July 24, 2019 Posted in Landlord/Tenant Law

Navigating the subletting of rental apartments in New York can be a tricky business for Landlords and Tenants alike. This is especially true if the tenant is receiving subsidies or public housing assistance, and if the apartment is rent stabilized. Tenants and Landlords should be aware of the differences between subletting, assigning a lease, and having guests visit the apartment dwelling. This article is intended to provide some valuable information for Landlords and for Tenants who decide to sublease or to allow a sublease.

Read More

CONFLICT OF INTERESTS FOR NJ COMMUNITY ASSOCIATION BOARD MEMBERS

By Glenford Warmington, Esq. July 24, 2019 Posted in Community Association Law

New Jersey Community Associations are required by law to have in place a Board of Directors or Trustees to oversee and governs their affairs. Generally, the Board may only consist of unit owners, who are members of the Association. Most often they serve as volunteers, and without pay or compensation. Board members are chosen by nomination and election. Although membership on the Board is voluntary, these elected members are obligated to act as fiduciaries to the membership and must, therefore, endeavor to avoid conflicts of interest.

Read More

Updated Lien Priority Legislation for NJ Community Associations Becomes Law

By Stephanie Wiegand, Esq. July 16, 2019 Posted in Community Association Law

On April 29, 2019, Governor Murphy signed new legislation that will enhance and expand the lien priority for condominium associations.  It also, for the first time, gives a statutory right of the lien priority to homeowners associations. Prior to this, only condominiums in New Jersey were able to claim limited lien priority. Pursuant to the original statute, condominiums were afforded a six months of “aggregate customary assessments” following a mortgage lender’s Sheriff’s sale, so long as the association had a lien recorded prior to the mortgage lender’s initiation of the foreclosure process.

Read More

Sorting Through Legal Requirements of Various Kinds of Association Meetings

By Stephanie Wiegand, Esq. July 16, 2019 Posted in Community Association Law

The board of a homeowners association, cooperative, or a condominium association owes a fiduciary duty to its members to act in the best interest of the community as a whole. However, sometimes members have concerns over whether board members ignore this duty and act only with their own self-interests in mind. This is why state and local laws support and serve to enforce the governing documents that have been created for a community. The governing documents are created for each community and state the policies in place for that community. They allow for each member of the community to know the expected duties, procedures, and limitations of the board.

Read More

DCA Proposes New Association Regulations Including Changes to Fines, Penalties & Elections

By Jennifer L. Alexander, Esq. June 20, 2019 Posted in Community Association Law

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.   

Read More

Understanding the Laws Related to Lease Terminations Due to Disabling Illness, Accident or Death

By Stephanie Wiegand, Esq. May 30, 2019 Posted in Landlord/Tenant Law

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

Read More

RESOLVING DISPUTES IN A HOMEOWNERS' ASSOCIATION COMMUNITY

By Thomas Brogan, Esq. May 23, 2019 Posted in Community Association Law

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.

Read More

Community Associations are not required to Accommodate All “Emotional-Support” Animal-Related Requests

By Gabriella Esposito, Esq. May 23, 2019 Posted in Community Association Law

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.

Read More

NEW JERSEY PASSES FORECLOSURE REFORM BILLS AIMED TO ASSIST COMMUNITY ASSOCIATIONS WITH HOMES IN FORECLOSURE

May 3, 2019 Posted in Community Association Law

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.

Read More

Locations

Griffin Alexander, P.C. Firm Logo

Main Office 415 Route 10
2nd Floor

Randolph, NJ 07869
Phone: 973-366-1188
Fax: 973-366-4848

Griffin Alexander, P.C. Griffin Alexander, P.C. - Firm Logo

East Brunswick Office 197 Route 18 South
Suite 3000, South Wing

East Brunswick, NJ 08816
Phone: 732-514-6601
Fax: 973-366-4848

Griffin Alexander, P.C. Griffin Alexander, P.C. - Firm Logo

Mount Laurel Office 309 Fellowship Road
East Gate Center, Suite 200

Mount Laurel, NJ 08054
Phone: 856-533-2379
Fax: 973-366-4848

Griffin Alexander, P.C. Griffin Alexander, P.C. - Firm Logo

New York Office 11 Broadway
Suite 615

New York, NY 10004
Phone: 212-374-9790
Fax: 646-998-8029