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FORECLOSURE REFORM IN NEW JERSEY

By Jennifer L. Alexander, Esq. May 2, 2019 Posted in Community Association Law

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.

Community Association Boards Can Make Bylaw Amendments Without Unit Owner Voting

April 29, 2019 Posted in Community Association Law

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

By Jennifer L. Alexander, Esq. & Robert C. Griffin, Esq. April 9, 2019 Posted in Community Association Law

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?

April 9, 2019 Posted in Community Association Law

In New Jersey, community associations may not realize that the rules surrounding pool safety implementations are not the same as they used to be.

Dispute Resolution Between a Condo Association Board and a Unit Owner

March 7, 2019 Posted in Community Association Law

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.

March 5, 2019 Posted in Community Association Law

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

February 20, 2019 Posted in Community Association Law, Landlord/Tenant Law

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

February 20, 2019 Posted in Community Association Law

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

February 13, 2019 Posted 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.

What Type of Signage Can a Condo Association Restrict?

January 8, 2019 Posted in Community Association Law

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.

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