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.
The U.S. District Court for the District of New Jersey Decides Case That Positively Impacts Amount Of Money A Condominium Association With A Properly Recorded Lien Is Entitled To Receive When a Unit Owner Files a Chapter 13 Bankruptcy Petition.
The U.S. District Court for the District of New Jersey, in a matter captioned In Re Spradley, recently handed down a decision that positively impacts the amount of money a condominium association with a properly recorded lien is entitled to receive when a Unit Owner files a Chapter 13 petition in bankruptcy.
Implications for Pennsylvania Landlords, Homeowners Associations and their Residents under Pennsylvania's Assistance and Service Animal Integrity Act
On October 24, 2018, the Pennsylvania State Legislature passed Act 118, known as the Assistance and Service Animal Integrity Act (“ASAIA”). This law, which went into effect on December 24, 2018, is aimed at preventing residents living in apartment building communities and homeowners associations from committing fraud in claiming that their pet is a service or assistance animal when in fact the residents do not have a disability, and keeping the animal would otherwise be a violation of their lease or homeowners association rules.
Collecting Unpaid Common Charges
In New York, condominium unit owners must pay certain common charges in accordance with the by-laws and declarations (and house rules, if any) of their community associations. Failure to pay such charges could give the association the right to file a lien against the unit and to take legal action against the unit owner, such as foreclosure of the common charge lien.
New Jersey Condominium Association Boards May Have Emergency Access to Units
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.
What Type of Signage Can a Condo Association Restrict?
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.
The Nuts and Bolts of P.L. 2017, Ch. 106: A New Law Improving the Democratic Process in New Jersey Community Association Elections
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.
Condominium Association Liens and Foreclosures in New York
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.
When an Assignee is considered a “mortgagee in possession”
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.”
Parking Enforcement Rules and Rights- When is it permissible to tow?
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.