Category Archives: Community Associations

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Foreclosing Association Liens

Posted in Community Associations

Many people do not realize that Condominium Associations can foreclose units in the same manner as a mortgagee, pursuant to N.JS.A. 46:8B-21. The Complaint to Foreclose is filed in the County where the unit is located. A copy of the filed Complaint is then served upon the unit owner via personal service. The unit owner… Continue Reading

Voting by Proxy Actually Requires a Proxy

Posted in Community Associations

The bylaws of most community associations permit members to vote “in person” or “by proxy.” Voting “in person” means just what it sounds like: a member attends a meeting and casts their vote while physically in attendance. But what does voting “by proxy” mean? Black’s Law Dictionary defines a “proxy” as the written authorization given… Continue Reading

NJ Federal Court Says Condo Association Lien May Have Priority in Chapter 13 Bankruptcy Plan

Posted in Bankruptcy & Creditor's Rights, Community Associations

Timothy Duggan, Esquire and Chris Florio, Esquire of Stark & Stark, as Amicus Curiae (friend of the Court), were successful in convincing the United States District Court for the District of New Jersey to reverse a bankruptcy court decision, which allowed a bankruptcy condominium owner to avoid paying a condominium lien in full under a bankruptcy plan. The Condominium Association Institute… Continue Reading

Visit Stark & Stark at Booth #200 at the NJ Cooperator’s Expo!

Posted in Community Associations, Stark Events

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

New Jersey Creditor Responsibility Law

Posted in Community Associations

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

Ownership, Maintenance, and Insurance Obligations in Community Associations

Posted in Community Associations

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