Once association counsel obtains a personal Judgment against the unit owner for failure to pay maintenance fees, late fees, attorneys’ fees and costs, and other charges, we look for ways to collect on the Judgment. One method of collecting on the Judgment is by levying a unit owner’s bank accounts.
Join our Community Associations and Construction Litigation Groups this Saturday, May 9th, at the Meadowlands Exposition Center for the NJ Cooperator’s Condo, HOA, Co-Op & Apt. Expo. Stop by Booth #200 between 10:00am and 4:30pm to meet our team of attorneys. Shareholders Christopher Florio, Esq. and Mary Barrett, Esq. will present the seminar, Every Community Association has One – Dealing with “Problem” Residents, in Classroom Two (2) from 1:45-2:45pm. Most condo residents are… Continue Reading
As of July, 2014, a change was made to an existing statute, NJSA 46:10B-51, that requires all creditors initiating a mortgage foreclosure proceeding against residential property to provide the municipality information related to that action. Creditors must provide the following information: The name and contact information for the representative of the creditor responsible for receiving… Continue Reading
It is reasonable to think that owners of real property are responsible for maintaining and insuring that property. In community associations, however, the maintenance and insurance obligations are often not entirely consistent with ownership. Knowing the maintenance and insurance obligations for your community association and its unit owners is critical. Ownership. Ascertaining who owns what… Continue Reading
Join Stark & Stark’s Community Associations and Construction Litigation groups at the CAI Conference & Expo this Saturday, November 8, 2014 from 8:00am to 3:00pm at the Garden State Exhibit Center in Somerset, New Jersey. We will be located at booth #504. Visit www.cainj.org for more information about the event.
As busy volunteers, often with full-time jobs, families, and other commitments, community association board members may not be able to attend all meetings of the board. When this happens, particularly when an important vote is pending and the trustees are divided on the issue, a board member may wonder if they can authorize another board member to act as their proxy at the meeting. Such a practice is impermissible and/or inadvisable under the law and most governing documents.
While it was widely assumed to be so, a recent Ocean County trial court decision has held that claims under the Municipal Services Act are governed by the 6 year statute of limitations for contract claims. This means that a community association seeking past municipal services reimbursements may only be entitled to those which have accrued within the last 6 years. If your community association has not been receiving municipal services reimbursements or if you believe it has not been receiving all of the reimbursements for which it is entitled, you may have a limited time in which to formally pursue them.
As technology permits more individuals to work at home, the issue of in-home businesses in community associations continues to be debated. Most community association master deeds and declarations include a restrictive covenant that prohibits a residential unit from being used for anything other than a residential purpose.
A recent trial court decision in Ocean County held that all roadways within a qualified private community – such as a homeowners association or condominium association – which provide access to units and function as roadways are eligible for reimbursement under the Municipal Services Act. This includes third tier roadways which municipalities have previously classified as “driveways”.
The Super Bowl is fast approaching and most football fans are looking forward to a great game. For many condominium associations located near MetLife Stadium, where the Super Bowl will be held on February 2, 2014, it won’t be over soon enough. Why so? There have been reports of unit owners renting (and tenants subleasing) their units on a short-term basis during Super Bowl, some for thousands of dollars a day. The majority of these short term tenants will not be any trouble and will fly under the association’s radar. However, a short term tenant that has no ties to the building or the unit owner may not be interested in association rules; combining that with football, drinking, and winning (or losing) fans has the potential for disturbances and property damage.