NJ Supreme Court Holds Residential Contractor Liable for Consumer Fraud After Misrepresenting Qualifications & Experience
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
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
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
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.
UPDATE: U.S. Supreme Court Issues Landmark Ruling in ‘Disparate Treatment’ Case
Recently, we reviewed a closely-watched landlord/tenant case under review by the U.S. Supreme Court. The case, known as Texas Dept. of Housing & Comm. Affairs v. Inclusive Communities Project, Inc., involved a challenge to the notion of ‘disparate impact’ within the context of residential rental properties – a doctrine in place since the 1960’s Civil Rights movement.
An Overview of Security Deposit Law in New Jersey and New York
Security deposits are an important form of insurance that a tenant will pay over to a landlord, for the landlord to hold in trust, at the start of a lease term to ensure that the tenant complies with the terms of the lease agreement. The rules regarding security deposit procedures are governed by state law. New Jersey and New York have different laws concerning the maximum amount that can be accepted as a security deposit, how the payment is held in escrow, and how the security deposit is processed and returned upon the termination of a tenancy. This article gives a general overview on the security deposit laws in the two states.
Landlord’s Rights and Obligations in the Airbnb World
One of the biggest topics in New York landlord/tenant law right now is the ongoing legal and public opinion battle between Airbnb and the City of New York. Many landlords in New York find many of their apartments rented out each day to tourists, business travelers or others on short-term stays, many as short as one (1) night. As New York Councilman Corey Johnson recently expressed in a New York Times article, “No one should have to live in a building or next to someone where the apartment is being used as an illegal hotel, people coming and going, traipsing in and out, no idea who they are.” In addition to the fears of residents and landlords regarding the safety and security of living in or operating a building with transient tenancies, it is also against the law.
Overview of Condominium Association Rent Receiverships in Foreclosure Actions
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
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.
Avoiding the Pitfalls of Tenant Bankruptcy
As a condominium or homeowners’ association, you have a duty to ensure all residents are paying dues on time and in full. Moreover, you also likely have a set of governing documents (e.g., restrictive covenants) detailing the procedures to follow if a tenant or resident fails to meet his or her responsibilities with regard to the payment of dues. In a problem all-too-common, HOAs are often tasked with difficult “debt collection” duties – and may wind up spending an inordinate amount of time tracking down payments from irresponsible tenants and residents.