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By Stephanie Wiegand, Esq. October 2, 2019 Posted in Community Association Law Share

The formation of a community association, whether it be a condominium or a homeowners association, can be complex.  The creation of the Governing Documents is especially an essential and integral aspect during formation. The purpose of a community association’s governing documents is to provide for the legal structure and operation of the community. Normally, the documents included within are a recorded plan, Declaration or Master Deed, Articles of Incorporation, By-Laws, and Rules and Regulations. Membership of the community association is automatic when one purchases property within the association and creates a binding relationship between each owner and the association. Since the governing documents establish the mechanisms for governing and funding the association’s operations, as well as define the rights and obligations of both the association and its owners, it is imperative to ensure that they are well written and all-inclusive.

By Jennifer L. Alexander, Esq. September 5, 2019 Posted in Landlord/Tenant Law Share

A rise in the popularity of Airbnb and other short-term on-line marketing rental sites has allowed homeowners and renters to rent properties on a short-term basis and to reap significant financial rewards.  That financial reward has allowed cities who passed laws to accommodate short-term rentals to realize increased tax revenue.  While for most this has been a win-win situation, there has also been a downside to this growing trend.  The rise in short-term rentals has had both a negative and a positive impact, depending on which side of the issue you favor.  In general, the practice of short-term rental has increased the cost of rent and decreased the availability of residences to rent in urban cities on a long-term basis.  Those engaged in the short-term rental business have realized a revenue source that has proven very lucrative.  Landlords, on the other hand, have had to deal with the consequences of short-term rentals. 

July 24, 2019 Posted in Landlord/Tenant Law Share

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.

July 24, 2019 Posted in Landlord/Tenant Law Share

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.

July 24, 2019 Posted in Community Association Law Share

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.

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

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.

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

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.

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

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.   

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

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