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Community Association Boards Can Make Bylaw Amendments Without Unit Owner Voting
April 29, 2019 Posted in Community Association Law Share
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 April 9, 2019 Posted in Community Association Law Share
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 Share
In New Jersey, community associations may not realize that the rules surrounding pool safety implementations are not the same as they used to be.
Overcharging Rent-Controlled Tenants Could Lead to Penalties
April 9, 2019 Posted in Landlord/Tenant Law Share
Rent control ordinances are handled at the municipal level in New Jersey, and this leads to significant variance from city-to-city. It’s important to understand, however, that violations of rent control ordinances are handled by state law.
Amendments to Anti-Eviction Act would Provide Landlords with Recourse for Overcrowding
By April 5, 2019 Posted in Landlord/Tenant Law Share
A new bill was recently proposed to the New Jersey Senate amending the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). The bill, sponsored by Senator Anthony R. Bucco of District 25 (Morris and Somerset), amends the Anti-Eviction Act (“Act”) to include a method of eviction for overcrowding in residential apartment communities.
New Jersey Law Governing Rent Increases
March 7, 2019 Posted in Landlord/Tenant Law Share
There are statewide and municipal regulations in New Jersey governing the legality of rent increases.
Dispute Resolution Between a Condo Association Board and a Unit Owner
March 7, 2019 Posted in Community Association Law Share
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 Share
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.
What Every Landlord Should Know When a Tenant Files a Bankruptcy Petition
March 5, 2019 Posted in Landlord/Tenant Law Share
The filing of a bankruptcy petition by a tenant will alter the landlord tenant relationship. Specifically, the filing of a petition will affect a landlords rights as it relates to evictions, and the collection of rents that are in arrears. A violation of the bankruptcy rules by a landlord carries significant penalties, and therefore, any action by a landlord subsequent to the filing of a petition must be addressed with deliberate care.
New Jersey Appellate Court upholds Lower Court Decision to evict tenant for Assault
February 20, 2019 Posted in Landlord/Tenant Law Share
In a recent written opinion, the New Jersey Appellate Division upheld a trial court’s ruling permitting the eviction of a tenant who was found to have assaulted another tenant. This case, Tamerlane & Tamerlane III v. Andrea Hollis, (Docket Number: A-3788-16T3, decided December 12, 2018, not for publication without approval of the Appellate Division), is notable in that the tenant was evicted even though she was not criminally prosecuted or found guilty of assault. The decision is also noteworthy for landlords and property owners as it addresses the valid legal steps to evict a resident who is acting in a similar manner.