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March 4, 2015 Posted in Community Association Law Share

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. 

December 30, 2014 Posted in Community Association Law Share

For the seasoned board member or corporate meeting-attender, taking thorough meeting minutes may seem like a routine practice in faithful recordation, as well as a legal requirement in many instances. However, as your community association law attorney will explain, taking meeting minutes during a residential association executive board meeting can lead to disastrous results for your team in the event it finds itself in the crosshairs of litigation with a resident or aggrieved plaintiff. 

December 23, 2014 Posted in Community Association Law, Landlord/Tenant Law Share

As New Jersey condominium law attorneys, we have seen our fair share of delinquent and irreverent tenants and unit owners blissfully enjoying the common areas of the property while falling months’ behind on dues and association fees. In this situation, what is a unit owner to do? While on the one hand, it is hardly fair for certain habitual-defaulters to enjoy the same amenities as their dues-paying neighbors. 

By Jennifer L. Alexander, Esq. August 25, 2014 Posted in Community Association Law Share

Anyone who has ever taken part in a business transaction with any type of company or corporation has more than likely been faced with  a contract of some sort. Most people know and understand the importance of reading a contract prior to "signing on the dotted line;" however, there are still individuals who will do a quick or cursory reading of a contract and disregard what we commonly refer to as the "fine print." Reading a contract from the first line all the way through to the very end is crucial, and it is especially important for condo board members and managers who often deal with pages and pages of contracts that concern issues that are of great importance to those who have an interest in the condo community.

By Jennifer L. Alexander, Esq. June 11, 2014 Posted in Community Association Law Share

The New Jersey Appellate Division, in Port Liberte II Condo Ass'n v. New Liberty Residential Urban Renewal Co., et al., recently released a decision that has been deemed to be a major win for both condo owners and associations alike. The Court found that the defendants, developers and contractors who were not homeowners, could not use the condo association bylaws that were intended to protect the unit owners' interests, to suppress those same interests. The Court also noted that the board's decision to file a lawsuit without taking a vote prior to the start of litigation (as required by the bylaws) can be affirmed retroactively by the members and could not be challenged by the defendants.

By Jennifer L. Alexander, Esq. June 4, 2014 Posted in Community Association Law Share

There will come a time when individuals who live in condo communities will need to make certain decisions by way of a vote. But what options do owners have if they are unable to participate during the actual voting process? If necessary and permitted under the Association's governing documents, unit owners and shareholders are allowed to vote on certain matters regarding corporate governance and in board elections by absentee ballot or "proxy". Basically, a proxy is when one person stands in for another individual to cast votes on his or her behalf. More specifically, a proxy is a written statement of an owner or a shareholder that authorizes the holder of the proxy to vote his or her shares and/or common interests at a meeting. Proxies are a very important part of the voting process; however, condo boards do need to be mindful of the legal implications that might arise if proxies are mishandled.

By Jennifer L. Alexander, Esq. May 29, 2014 Posted in Community Association Law Share

There are certainly some advantages to living in a condominium as opposed to a private, single-family home. In most cases, individuals who live in condos do not have to concern themselves with yard maintenance or other types of outside maintenance related to the condo unit. This is because most condo owners pay homeowner's association fees that cover such maintenance throughout the community. A specific portion of the fees might be set aside for ongoing landscaping, while a separate portion may be allocated to certain one-time expenses, such as exterior painting. Still, some condo owners often have questions or concerns about what will happen if a repair is needed or an emergency situation arises for which the association's reserve funds are insufficient to cover.

April 2, 2014 Posted in Community Association Law Share

When couples decide to get married, they often promise to love and take care of each other, for better or for worst, for the rest of their lives. But from a legal standpoint, once a couple says, "I do" in the state of New Jersey, what is really expected of those individuals, particularly with respect to the accumulation of household debt that is incurred for "necessaries?" 

By Robert C. Griffin, Esq. March 26, 2014 Posted in Community Association Law Share

All of us have experienced the frustration of attending a seemingly endless meeting.  Generally, the meetings producing this frustration are not those which simply last the longest.  While the business of the Association is being carried forward, frustration is minimized, even though the number of issues is great, or discussions become lengthy.  Frustration is produced by wasting time.  It arises from the inability to perceive steady movement toward a goal.