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Overview of Condominium Association Rent Receiverships in Foreclosure Actions
March 11, 2015 Posted in Community Association Law Share
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
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.
Avoiding the Pitfalls of Tenant Bankruptcy
February 25, 2015 Posted in Landlord/Tenant Law Share
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.
Recording Meeting Minutes: More Harm Than Good?
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.
Towing Vehicles of Delinquent Unit Owners: Is This Permissible?
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.
New Jersey Security Deposit Law
November 26, 2014 Posted in Landlord/Tenant Law Share
The New Jersey Security Deposit Law is an important piece of legislation for landlords and property managers to understand. Over-charging or withholding security deposits unlawfully could result in sanctions and civil liability.
New Jersey’s Truth-in-Renting Law
November 24, 2014 Posted in Landlord/Tenant Law Share
The Truth-in-Renting law is an important piece of legislation of which all landlords should become aware. If you are a landlord in New Jersey, our office can help ensure your compliance with this law and help you avoid unnecessary exposure to liability from tenants.
Screening Tenants
October 30, 2014 Posted in Landlord/Tenant Law Share
For some landlords, finding quality tenants can be problematic. However, it is important for landlords to follow the requirements of both New Jersey and New York landlord tenant law and federal law with respect to tenant screening. There are a number of options available for landlords to be able to make a determination as to whether a prospective tenant may pose a problem during the lease term.
Appellate Division Reverses Judgment Of Possession Due To Landlord's Failure To Follow Notice Requirements
By September 3, 2014 Posted in Landlord/Tenant Law Share
If there was ever a question in the minds of landlords about the seriousness of complying with state laws, the New Jersey Appellate Division recently answered the question in a clear and concise manner in an unpublished decision in the case of Cahn Estates v. Sanchez, 27-2-4190 (App. Div. 2014). Strict compliance with the state's notice requirements is a must and the Court proved this point by reversing a landlord's judgment of possession.
Reading The Fine Print: The Importance of Vetting Contracts Before Signing
By 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.