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‘Tis the Season: Prepare for Winter Weather by Revisiting Your Snow & Ice Removal Policies

January 7, 2016 Posted in Community Association Law

For community associations, winter weather can mean two things: injuries and expense. Not only is a community association responsible for ensuring common areas such as parking lots and sidewalks are properly cleared of snow and ice, but the association can also face liability in the event a resident or guest is injured due to negligent or insufficient snow removal protocol.

Preventing Issues With Residents Renting on AirBNB, VRBO, Etc.

November 30, 2015 Posted in Community Association Law

By now, many community associations are familiar with websites like AirBNB.com and VRBO.com. These sites, which are open to the public and generally do not require the payment of a fee to browse, allow property owners to post pictures and information about their properties in hopes of securing several weeks’ worth of renters.

Condo Reserves: How Much is Enough?

November 25, 2015 Posted in Community Association Law

As a condominium board, one of the most important duties entrusted to these elected positions is the proper management of funds derived from annual dues. Under the bylaws of your particular association, there likely exists a set of provisions allowing residents the opportunity to inspect the books and records upon reasonable request.

NJ Supreme Court Holds Residential Contractor Liable for Consumer Fraud After Misrepresenting Qualifications & Experience

September 29, 2015 Posted in Community Association Law

Between Angie’s List, Craig’s List and the fact a Google search of “contractors in New Jersey” yields about 51.5 million results, it can be difficult for even the most diligent community association to make a decision on hiring a skilled team to perform renovations or improvements. For the most part, community associations are best-advised to rely on personal recommendations, word-of-mouth and intuition when hiring the best man for the job.

Tips for Addressing the Emerging Drone Trend

September 22, 2015 Posted in Community Association Law

Believe it or not, it may soon come time for your community association to begin discussing the best ways to properly address and regulate the use of drones within the property by residents, guests and outsiders alike. As a bit of background, drones are currently permitted by the Federal Aviation Administration (FAA) – without approval – if the aircraft weighs under 55 pounds, steers clear of heavily-populated areas (e.g., stadiums), and is to be used purely for non-commercial purposes. Larger or commercial drone use requires a permit from the FAA, which is only available in a limited set of circumstances. 

Supreme Court Says HOAs Now Have Sidewalk Liability

By Robert C. Griffin, Esq. August 18, 2015 Posted in Community Association Law

On August 12, 2015, the New Jersey Supreme Court decided the case of Cuivan Qian v. Toll Brothers, Inc.  This case considered whether community associations that own private sidewalks are required by statute or common law to maintain those sidewalks.

Tips for Property Association Considering Property-Wide Smoking Ban

August 12, 2015 Posted in Community Association Law

For decades, there has been no shortage of conclusive scientific proof connecting the practice of smoking with widespread health problems. Issues ranging from skin maladies to deadly cancer can be traced to the harmful cocktail of chemicals found in cigarettes, and these afflictions are not limited to the smoker himself. Most recently, the lethal effects of second- and third-hand smoke have become more understood, prompting bars, restaurants, and other publicly-accommodating establishments to ban the practice all together. 

Overview of Condominium Association Rent Receiverships in Foreclosure Actions

March 11, 2015 Posted in Community Association Law

In New Jersey, the process of a foreclosure action by a condominium association can be lengthy.  There are several factors that can cause delays in a foreclosure action.  The foreclosure department has been backlogged that thus has slowed down the processing and approval of foreclosures in the state.  Once a final judgment of foreclosure and writ of execution are issued in an action, proceeding with a Sheriff’s sale can take time as well.  Many Sheriff’s departments are also backlogged and this may cause a delay in scheduling and conducting sales of the foreclosed properties.  Lastly, some unit owners file for bankruptcy.  This puts a stay (or hold) on a foreclosure action, pending the resolution of the bankruptcy proceeding.

New Jersey Supreme Court Issues New Ruling on “Free Speech” in Community Associations

March 4, 2015 Posted in Community Association Law

In an opinion decided on December 3, 2014, New Jersey’s Supreme Court further refined the case law regarding free speech and community associations by striking down a house rule that gave the Board unfettered discretion as to what could and could not be distributed to the community. 

Recording Meeting Minutes: More Harm Than Good?

December 30, 2014 Posted in Community Association Law

For the seasoned board member or corporate meeting-attender, taking thorough meeting minutes may seem like a routine practice in faithful recordation, as well as a legal requirement in many instances. However, as your community association law attorney will explain, taking meeting minutes during a residential association executive board meeting can lead to disastrous results for your team in the event it finds itself in the crosshairs of litigation with a resident or aggrieved plaintiff. 

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