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Decision handed down regarding Corporate Transparency Act for Community Associations
By October 30, 2024 Posted in Community Association Law Share
A major decision was handed down by The United States District Court for the Eastern District of Virginia on October 24, 2024, regarding the Corporate Transparency Act (CTA). We previously posted on the CTA and the impact the law could have on community associations. In the case, Community Associations Institute, et al. v. Janet Yellen, Secretary of the United States Department of the Treasury et al, the Court has decided to deny the Plaintiffs motion for a preliminary injunction that could have prevented the CTA from being enforced temporarily.
Supreme Court of New Jersey Reversed Dismissal Regarding Emotional Support Animal
By October 29, 2024 Posted in Community Association Law Share
On March 13, 2024, the Supreme Court of New Jersey reversed the dismissal of a couple’s counterclaim against their condominium association for discrimination. The association had taken legal action against the couple for violating its rules after they adopted a 63-pound dog as an emotional support animal.
Age-Related Ownership Restrictions Ruled Unlawful in New Jersey
By August 13, 2024 Posted in Community Association Law Share
On July 31, 2024, New Jersey’s Appellate Division affirmed a lower court ruling by determining that age-related ownership restrictions in senior communities are unlawful in the State.
Appellate Decision Regarding NJ Radburn Law
By March 11, 2024 Posted in Community Association Law Share
On February 23, 2024, the Superior Court of New Jersey Appellate Division issued an unpublished opinion reversing several New Jersey Department of Community Affairs (DCA) regulations, commonly referred to as the NJ Radburn Law. The opinion can be found on the Court’s website at https://www.njcourts.gov/system/files/court-opinions/2024/a2241-21.pdf
Understanding the Increased Inspection and Funding Duties for Community Associations
By January 9, 2024 Posted in Community Association Law Share
On Monday, January 8, 2024, New Jersey Governor, Phil Murphy, signed S.2760 / A.4384. This law, which has been approved as P.L.2023, c.214, was motivated by the building collapse in Surfside, Florida in 2021. This new law provides new and additional procedures for inspecting, evaluating, and maintaining the structural integrity of certain residential housing structures.
FANNIE MAE AND FREDDIE MAC NEW LENDER REQUIREMENTS FOR CONDOMINIUM AND COOPERATIVE PROJECTS
By January 18, 2022 Posted in Community Association Law Share
On June 24, 2021, tragically the Champlain Towers South condominium in Surfside, FL, collapsed. Investigation revealed that construction defects, long-term water infiltration, and years of deferred maintenance may have all led to the collapse and the death of 98 people.
NEW JERSEY LEGISLATURE ALLOWS COMMUNITY ASSOCIATIONS REMOTE MEETINGS TO CONTINUE
By January 17, 2022 Posted in Community Association Law Share
On December 20, 2021, New Jersey’s Legislature passed S. 4112/A. 5549 (2021); and, on January 10, 2022, Governor Murphy signed the bill into law. The law, while short, is immensely helpful to Community Associations throughout the state, many of which have adapted to the new remote meeting procedures previously permitted during the COVID-19 State of Emergency.
NEW JERSEY LEGISLATURE PASSES LAW PROHIBITING DISCRIMINATORY DEED LANGUAGE, AND REQUIRING THE REVIEW OF COMMUNITY ASSOCIATION GOVERNING DOCUMENTS
By January 12, 2022 Posted in Community Association Law Share
On June 30, 2021, New Jersey’s Legislature passed S. 2861/A. 5390 (2021), which was signed into law by Governor Murphy on November 8, 2021. It has since been approved as P.L.2021, c.274, and will be codified as N.J.S.A. § 46:15-15 to 18. which requires that any deed filed after January 1, 2022, must not contain any language that violates Sections 4 or 11 of New Jersey’s Law Against Discrimination (“LAD”). Community Associations will have to review their current Governing Documents to ensure compliance and will have to amend them if necessary.
New Tort Liability Law – New Protections for Community Associations
By June 29, 2021 Posted in Community Association Law Share
The State of New Jersey recently passed new protections for community associations regarding potential civil actions involving alleged exposure or transmission of COVID-19 within the community. Specifically, the Assembly and the Senate have passed Senate Bill 3584 which provides additional tort immunity for community associations than was available under existing law. The law has been passed in the legislature and is currently awaiting the Governor’s signature, which we do expect to be completed shortly.
DISCUSSION ABOUT REOPENING ASSOCIATION FACILITIES IN THE PANDEMIC - 2021
By March 19, 2021 Posted in Community Association Law Share
Determining whether to open Association facilities or keep them closed this year is a harder choice than ever, in our ever-changing Covid-19 environment. It is mid-March, 2021, but we have experienced our first 60 degree day. It has been a year since Covid-19 hit. Everyone thought that the safeguards would be temporary, but we are learning that nothing is easy in this pandemic. The vast majority of Associations closed their facilities last year, and nearly all have remained closed.