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When Condo Association Reserves Are Insufficient To Cover Emergencies

By Jennifer L. Alexander, Esq. May 29, 2014 Posted in Community Association Law

There are certainly some advantages to living in a condominium as opposed to a private, single-family home. In most cases, individuals who live in condos do not have to concern themselves with yard maintenance or other types of outside maintenance related to the condo unit. This is because most condo owners pay homeowner's association fees that cover such maintenance throughout the community. A specific portion of the fees might be set aside for ongoing landscaping, while a separate portion may be allocated to certain one-time expenses, such as exterior painting. Still, some condo owners often have questions or concerns about what will happen if a repair is needed or an emergency situation arises for which the association's reserve funds are insufficient to cover.

Enforcing No-Pet Clauses And Dealing With Tenants With Special Needs

By Jennifer L. Alexander, Esq. April 16, 2014 Posted in Landlord/Tenant Law

Many landlords in New Jersey and elsewhere throughout the Northeast have placed heavy restrictions on (or totally banned) having animals in their buildings. The reasoning behind the restrictions typically ranges from concerns over property damage to pet bites. That said, many standard rental agreements and leases contain no-pet provisions that will permit landlords to evict tenants who are caught in violation.

Evicting Bankrupt Tenants

By Jennifer L. Alexander, Esq. April 9, 2014 Posted in Landlord/Tenant Law

Prior to the changes made to the Bankruptcy Code, individuals who were facing the possibility of eviction would rush to file for bankruptcy protection as a way of "buying time" to either make a deal with the landlord or move somewhere else. However, when the laws were revised, landlords were given more of an incentive to vigilantly track those tenants who are in arrears on their rent.

The Doctrine of Necessaries

By Steven G. Mlenak, Esq. April 2, 2014 Posted in Community Association Law

When couples decide to get married, they often promise to love and take care of each other, for better or for worst, for the rest of their lives. But from a legal standpoint, once a couple says, "I do" in the state of New Jersey, what is really expected of those individuals, particularly with respect to the accumulation of household debt that is incurred for "necessaries?" 

Ten Commandments for Keeping Meetings Moving

By Robert C. Griffin, Esq. March 26, 2014 Posted in Community Association Law

All of us have experienced the frustration of attending a seemingly endless meeting.  Generally, the meetings producing this frustration are not those which simply last the longest.  While the business of the Association is being carried forward, frustration is minimized, even though the number of issues is great, or discussions become lengthy.  Frustration is produced by wasting time.  It arises from the inability to perceive steady movement toward a goal.

New Jersey Tort Immunity: How And Why Homeowner's Associations Protect Themselves By Passing Resolutions

By Jennifer L. Alexander, Esq. March 26, 2014 Posted in Community Association Law

Amenities of some sort are typically an integral part of a community. Pools, clubhouses and fitness centers are popular amenities that can bring residents together in a social atmosphere. However, those same enjoyable amenities can also be the cause of resident accidents. That said, condo and homeowner's associations throughout New Jersey often look for ways to protect themselves from liability when such accidents occur. In New Jersey, associations have ways to shield themselves from liability, namely through the use of tort immunity and by passing resolutions.

Handling Disruptive Residents

By Jennifer L. Alexander, Esq. February 5, 2014 Posted in Community Association Law

Landlords and home owner associations are often required to deal with unruly or problematic residents. Knowing how to deal with such residents can be helpful when it comes to maintaining the peace within the community and avoiding as many lawsuits as possible. Without a doubt, problem residents can be a headache for the other residents, building managers and board members, and although dealing with such people can be challenging, there are ways to do so fairly and effectively.

Community Associations: Enforcing Easements And Other Deed Restrictions

By Jennifer L. Alexander, Esq. January 29, 2014 Posted in Community Association Law

A court decision that was recently released by a Morris County Superior Court Judge has brought to light the need for community associations to be diligent with respect to being aware of and enforcing easements and other deed restrictions. In Unfair Share Lake Arrowhead 2010, Inc. v. Lake Arrowhead Club, Inc., the judge concluded that associations that have deed restrictions that have not been enforced in the past can still enforce them--even if they are over 80 years old.

NJ Supreme Court Finds Consumer Fraud, Negligence Causes of Action Exist In Class Action Against Landlords

By Jennifer L. Alexander, Esq. December 11, 2013 Posted in Landlord/Tenant Law

Landlords, take note--a recent ruling made by the New Jersey Supreme Court in Darnice Green, et al. v. Morgan Properties, et al. might be opening the door to New Jersey renters pursuing consumer fraud claims against their landlords. Given the ruling, a well-versed New Jersey landlord tenant lawyer is likely to suggest that landlords double and triple check the language of their leases. The case came to the NJ Supreme Court on the defendants' petition for certification of the Appellate Division's ruling which reversed the lower court's decision to dismiss the complaint with prejudice.

Bill Could Require Mortgage Lenders To Maintain Vacant Age-Restricted Units During Foreclosure

By Jennifer L. Alexander, Esq. December 3, 2013 Posted in Community Association Law

Individuals, both young and old, are having a tough time making ends meet for a variety of reasons. However, the situation might be even more precarious for individuals who are older that live on very limited incomes that may or may not be sufficient to cover their monthly obligations. Many of those older individuals who are facing financial difficulties live in age-restricted communities that often call for the payment of association fees in addition to their required mortgage payments. Homeowner and condo associations typically rely on the payment of such fees to cover things such as ground maintenance and overall community upkeep. However, as just about any New Jersey condo association lawyer knows, struggling individuals quite often decide to focus on paying other bills rather than their association fees. 

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