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When an Assignee is considered a “mortgagee in possession”
June 12, 2017 Posted in Community Association Law Share
An Appellate Division case, Woodlands Cmty. Ass’n v. Mitchell, 2017 N.J. Super LEXIS 67, was published on June 6, 2017. The court considered whether a lender’s assignee that takes possession of a condominium unit when the mortgagor defaulted on the loan, is considered a “mortgagee in possession” of the unit when the assignee winterizes and changes the locks and therefore responsible for the payment of the condominium fees and assessments. The Court held that winterizing the unit and changing the locks are “minimal actions” and do not deem the lender a “mortgagee in possession.”
Parking Enforcement Rules and Rights- When is it permissible to tow?
June 12, 2017 Posted in Community Association Law, Landlord/Tenant Law Share
It is well known that parking can be an especially frustrating problem for individuals living in community settings, especially in apartments and condominium associations. Whenever action is taken against wrongfully parked vehicles, there is bound to be an emotional reaction. Accordingly, it is essential for communities to have enforceable and effective rules and regulations in place regarding the towing of illegally parked vehicles in order to avoid potential litigation.
Associations Prohibited From Redeeming Tax Sale Certificates
By March 28, 2017 Posted in Community Association Law Share
In a recent unpublished decision out of the Hudson County Chancery Division, a New Jersey Court has determined that condominium associations do not fit the definition indicated in N.J.S.A. 54:5-54 as an appropriate party that is able to redeem a tax sale certificate.
Affordable Housing in New Jersey
By January 25, 2017 Posted in Community Association Law, Landlord/Tenant Law Share
This past week, the Supreme Court of New Jersey issued a decision that could require the municipalities of New Jersey to reconsider their affordable housing accommodations. In a unanimous 6-0 decision, written by Justice Jaynee LaVecchia, the Court defined how the municipalities in New Jersey are to calculate their respective needs for affordable housing.
Security Cameras installed by Homeowners
January 11, 2017 Posted in Community Association Law Share
Growing concerns for individual safety, as well increased access to high quality, low cost security cameras is having an impact on Condominium Associations throughout New Jersey. Some Unit Owners are asking their Associations to install cameras in common areas, while others simply wish to install their own cameras around their individual units. Many Associations and their Boards are finding themselves in a position where they must decide whether to allow Unit Owners to install personal security cameras; with little guidance as to what course of action is the best.
New Jersey Town Wins Housing Appeal
By September 28, 2016 Posted in Community Association Law Share
The state of New Jersey, over the course of the last 16 years has been unable to adopt practicable affordable housing requirements. The Supreme Court was so frustrated about the process over these past 16 years that they stripped the power of Council on Affordable Housing. With no central agency leading the cause for affordable housing, it has become difficult to interpret the numerous attempts made to pass affordable housing legislation. In addition, the legislation that was passed, was not enforced by a central agency.
When Two Worlds Collide: A Look at Condo Rules vs. Owners’ Rights
September 26, 2016 Posted in Community Association Law Share
Many people find condo living very appealing, primarily because of the amenities that are often included with purchasing a unit. However, as with most things in life, there are pros and cons to living in a condominium.
Insurance Coverage for Co-Ops, Condos: Common Options and Terms
September 23, 2016 Posted in Community Association Law Share
Reviewing insurance terms and options can often be confusing and, in some cases, overwhelming for co-op shareholders, condo owners and even community board members. Insurers and the industry in general tend to use a great deal of shorthand when discussing insurance coverage. However, it is imperative for everyone from owners to board members to have a good understanding of some of the key terms and concepts involved in quality insurance coverage.
New Jersey Supreme Court Rules in Favor of Plaintiff Suing Condominium Association
February 26, 2016 Posted in Community Association Law Share
In a recent New Jersey Supreme Court case opinion, jurists held 6-0 in favor of a plaintiff injured within a condominium complex, which was allegedly caused by association negligence for failing to salt the sidewalks. Community association boards are responsible for the exercise of reasonable care in connection with snow and other foreseeable hazards.
How do Discrimination Laws Apply to Private Condominium Association Boards?
February 24, 2016 Posted in Community Association Law Share
Earlier this year, a story emerged involving a luxury New York City apartment building implementing a “poor door” policy, sparking understandable public outrage and accusations of blatant tenant discrimination. According to reports, One Riverside Park – which boasts both $2.1 million “tower townhomes” and $830/month low-income housing – constructed two separate entrances to the building, one for low income residents and one for the units that were not low income.