Blog

FHA Changes Transient Leasing Rules to Help Condominium Associations Re-Certify

By Dean L. Semer, Esq. August 16, 2013 Posted in Community Association Law

An association may provide a dated and signed statement on association letterhead affirming that no units within the condominium project are leased for a term of less than 30 days and tenants are not provided services commonly associated with a hotel.

Hopefully, this is will ease the certification process, which will lead to greater flexibility in the sale of units.  And with increased sales, comes increased prices.

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What Landlords Should Know About Housing Discrimination

By Jennifer L. Alexander, Esq. August 7, 2013 Posted in Landlord/Tenant Law

In April 1968, the federal government enacted the Fair Housing Act, which makes it illegal to discriminate in the selling, financing, renting of houses, or any other housing-related transaction. This anti-discrimination law extends to the basis of race, country of origin, gender, religion, familial status, pregnancy, handicap or disability, and any other minority group. 

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Premises Liability in Condominium Associations

By Jennifer L. Alexander, Esq. and Steven Mlenak, Esq. July 23, 2013 Posted in Community Association Law

A recent article in The New York Times claims that the New Jersey market for condominium complexes is heating up, and with the increase in development comes an increase in consumer interest. One thing to keep in mind when exploring condo living is the safety of the premises, and the state laws that govern liability and responsibility in the condo itself, as well as the grounds surrounding the building.

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Hurricane Sandy and the Warranty of Habitability

By Jennifer L. Alexander, Esq. and Steven Mlenak, Esq. May 7, 2013 Posted in Landlord/Tenant Law

An issue currently facing many landlords throughout New Jersey are the claims for rental abatement from their tenants for the days in which they were without power due to Hurricane Sandy.

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Understanding Community Association Ethics

By Jennifer L. Alexander, Esq. and Steven Mlenak, Esq. March 25, 2013 Posted in Community Association Law

Save for maybe audits and taxes, it is a topic that excites Association volunteers like no other: ethics. Still, understanding the ways board members or other Association volunteers, such as committee members, are expected to act, and in many cases are required to act, is something very important to the long-term success of a Community Association.

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New York v. New Jersey - Let's settle it once and for all.

By Romina V. Spinnickie, Esq. February 27, 2013 Posted in Landlord/Tenant Law

As can be expected from strong personalities, many New Yorkers and New Jerseyeans are in direct conflict as to the benefits of each of their respective states. From which state has more beautiful beaches to which state boasts the better tasting pizza, residents of both states argue fiercely and unequivocally regarding the benefits of living on either end of the Hudson.

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The Use of Portable Generators in Multi-Family Dwellings

By Steven G. Mlenak, Esq. November 2, 2012 Posted in Community Association Law

In the wake of Hurricane Sandy and over 2.4 million homes without power, many homeowners have turned to portable generators to heat and light their homes. In multi-family dwellings, however, owners may not recognize the dangers of using a portable generator and many, if not most, do not realize that using such equipment is actually prohibited under their Association’s operating documents.

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Community Associations and Tenants | Part 4 – Evicting Tenants

By Dean L. Semer, Esq. February 14, 2012 Posted in Community Association Law

This is the fourth of 4 blog posts concerning tenant issues within community associations. In Part 1, I explained why Associations cannot prohibit tenants. In Part 2, I explained that it is not a good policy for an association to require credit checks or background checks of potential tenants. In Part 3, I explained about leasing resolutions and lease riders.

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Community Associations and Tenants | Part 3 – Leasing Resolutions and Lease Riders

By Dean L. Semer, Esq. October 24, 2011 Posted in Community Association Law

This is the third of 4 blog posts concerning tenant issues within community associations. In Part 1, I explained why a prohibition on tenants is either impermissible or highly unlikely. In Part 2, I explained that it is not a good policy for an association to require credit checks or background checks of potential tenants. Here in Part 3, I will explain about leasing resolutions and lease riders.

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Community Associations and Tenants | Part 2 – Background Checks of Tenants

By Dean L. Semer, Esq. July 31, 2011 Posted in Community Association Law

This is the second of 4 posts concerning tenant issues within community associations. In Part 1, I explained why a prohibition on tenants is either impermissible or highly unlikely. Here in Part 2, I will explain the next common question after prohibition: May an association require credit checks or background checks of potential tenants?

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