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RESPONDING TO A LAWSUIT
By December 18, 2019 Posted in Community Association Law Share
Lawsuits arising from claims between landlords and tenants, or between community associations and unit owners, are unfortunately not uncommon. Whether acting as the Plaintiff or Defendant, it is important to understanding the basics of each type of suit before initiating or replying.
ONLINE SALES IN NEW JERSEY
By December 13, 2019 Posted in Community Association Law Share
Over the years, an increasing number of shoppers purchase products online. This reality is especially true during the holiday season. While many buyers make these purchases through large retailers or companies with offices all over the country (e.g., Amazon.com, Target.com), many people still purchase from individuals who post advertisements online. With that in mind, it is essential that consumers be aware of what obstacles they may face when buying a faulty product from an out-of-state seller.
Using Fines and Penalties Fairly in a Community
By December 12, 2019 Posted in Community Association Law Share
Rules and regulations are part of community association living, and as everyone knows, Rules and Regulations are useful only if enforced. Back in the early days of community association law, enforcement proceedings typically did not include the right to issue fines. Enforcement was by way of injunction. That turned out to be unreasonably expensive and impractical. To have to bring a matter to the Court over someone parking in the wrong place, for example, was unhelpful in the extreme. Fortunately, the industry learned from its mistakes and began to include the right to issue fines, as an alternative to litigation. It may be hard to explain to some people that the ability to issue fines is a money-saving mechanism that inures to the benefit of both the Unit Owner and the Association, but it’s true.
REDUCING THE CHARGE FOR ELECTRIC CARS
By November 18, 2019 Posted in Community Association Law Share
Fully-electric and plug-in hybrid vehicles are becoming more-and-more popular. At the same time, would-be drivers find themselves encountering more legal “potholes” en route to owning fuel-efficient cars. One such barrier is the fact that many community associations in New Jersey do not permit the installation of electric charging stations. However, proposed bills indicate that there may be some legal changes on the horizon.
GOOD-GUY GUARANTEES
October 7, 2019 Posted in Landlord/Tenant Law Share
Good-Guy Guarantees are a staple of business rental agreements in New York.
The purpose of a Good-Guy Guarantee is twofold. It allows a tenant to maintain limited rent liability. Simultaneously, it provides tenants with an additional incentive to avoid defaulting on the lease. It is essential that the Good-Guy Guarantee is adapted appropriately.
NEW ORDINANCE IN HOBOKEN LIMITS LANDLORD'S ABILITY TO PASS ON LARGE TAX SURCHARGES TO TENANTS
October 2, 2019 Posted in Landlord/Tenant Law Share
Prior to this recent amendment, Hoboken’s Rent Control Ordinance included a provision that allowed landlords with rental properties subject to rent control to pass on large tax surcharges to tenants based on property tax increases dating back to 1988, regardless of when the landlord acquired the property.
MAINTENANCE OF COMMUNITY ASSOCIATION FIRE HYDRANTS
By October 2, 2019 Posted in Community Association Law Share
In some municipalities, fire hydrants are the main, if not the only, supply of water available to Fire Departments when battling fires. So why do such few people think about who is responsible to ensure that the hydrants are working properly and efficiently? The Legislature helped to resolve this question when it enacted N.J.S.A. 58:31-1, also known as the Water Quality Accountability Act (WQAA), which was made effective on October 19, 2017. With the overall goal of improving the safety, reliability and administrative oversight of water infrastructure, this law established new requirements for inspection and maintenance of fire hydrants by water purveyors.
HOW GRIFFIN ALEXANDER, P.C. CAN ASSIST IN CONDO AND HOA BOARD TRANSITIONS
By October 2, 2019 Posted in Community Association Law Share
A successful transition is one in which the owner-controlled board works with the developer to ensure appropriate governance, adequate financial resources, and a properly designed and constructed community before the developer steps away from the community. Starting a Condominium or Homeowners association from the ground up can be a difficult task, but you can rest assured knowing that the experienced attorneys of Griffin Alexander, P.C. can provide dedicated and thorough assistance in the transition of your Condo or Homeowners Associations’ Board from beginning to end.
DOCUMENT PREPARATION SERVICES FOR COMMUNITY ASSOCIATIONS
By 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.
THE FUTURE OF SHORT-TERM RENTAL IN JERSEY CITY
By 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.