FORECLOSURE REFORM IN NEW JERSEY
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.
FAIR HOUSING LAWS AND SEGREGATED POOL USE
Griffin Alexander, P.C. watches and anticipates recent trends, legislation and lawsuits governing community association and landlord/tenant law. One recent trend in community living is association concern conflicting fair housing laws.
THE LANDLORD’S RIGHT TO EVICT A LOUD TENANT IN NEW JERSEY
Landlords have a strong interest in protecting tenants from noise disturbances caused by other tenants. Many common noise complaints are loud music, shouting/yelling, slamming doors, banging/stomping, and dog barking (where pets are permitted under the lease). In New Jersey, a landlord may evict a tenant for excessive noise caused by either the tenant or his guests and invitees. It is not likely that a tenant who is responsible for loud noise disturbances on one or two occasions during daytime hours will result in an eviction proceeding, but rather it is a continuing pattern of loud noise disturbances at various times of the day and evening.
Community Association Boards Can Make Bylaw Amendments Without Unit Owner Voting
In New Jersey, and elsewhere, community associations often find themselves at odds with unit owners when attempting to amend their bylaws so as to improve the effectiveness of the community association. Fortunately, New Jersey law has recognized the challenges facing community association boards and has provided an opportunity to move forward without a majority of unit owners voting in favor of the amendment. These rules empower community association boards to act, ensuring that they can operate more dynamically to serve the interests of the people in their community.
New York Laws on Disclosure Requirements
New York law has been revised to require cooperative and condominium boards to disclose contracts or transactions in which it or its directors have an interest. The New York Legislature enacted these proposed revisions to the New York Business Law and the New York Not-for-Profit Corporation Law.
Do Community Association Pools Need Lifeguards?
In New Jersey, community associations may not realize that the rules surrounding pool safety implementations are not the same as they used to be.
Overcharging Rent-Controlled Tenants Could Lead to Penalties
Rent control ordinances are handled at the municipal level in New Jersey, and this leads to significant variance from city-to-city. It’s important to understand, however, that violations of rent control ordinances are handled by state law.
Amendments to Anti-Eviction Act would Provide Landlords with Recourse for Overcrowding
A new bill was recently proposed to the New Jersey Senate amending the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). The bill, sponsored by Senator Anthony R. Bucco of District 25 (Morris and Somerset), amends the Anti-Eviction Act (“Act”) to include a method of eviction for overcrowding in residential apartment communities.
New Jersey Law Governing Rent Increases
There are statewide and municipal regulations in New Jersey governing the legality of rent increases.
Dispute Resolution Between a Condo Association Board and a Unit Owner
Condo associations often find themselves at odds with unit owners (and others) in a range of disputes, from fee/payment conflicts to repair concerns.