Stark & Stark recently obtained a favorable settlement for one of its 55 and older communities faced with a homeowner whose granddaughter resides in one of the units. The Association, after becoming aware of the violation in the age-restricted community, sent notices of the violation to the senior homeowner, who was over 55 years old, and offered Alternative Dispute Resolution (ADR) as a means to resolve the dispute without the need for litigation.
Continue Reading Stark & Stark Enforces Age Restriction in a 55 and Older Common Interest Community

The Senate and Assembly approved Senate Bill No. 1 (S1) proposing to eliminate the Council on Affordable Housing (COAH). By requirement of the New Jersey Supreme Court dating to 1975, municipalities are required to zone in a manner providing for a reasonable opportunity for development of affordable housing (also commonly known as Mt. Laurel housing). S1 proposes to replace the existing procedures for providing for affordable housing, largely eliminating COAH and the State’s responsibility in ensuring that municipalities satisfy their Mt. Laurel obligation.
Continue Reading New Jersey Senate and Assembly approved Senate Bill No. 1, Eliminates Council on Affordable Housing

What good is low affordable housing when utility costs outweigh the benefits? Faced with the burden of tough economic times, more and more homeowners are looking for ways to cut costs. While some individuals have chosen to cut back, others have chosen to seek out economically advantageous alternatives in affordable housing communities.
Continue Reading Solar Panels: A Statutorily Protected Power Substitute in Common Interest Communities

The New Jersey Court of Appeals has ruled in a case of first impression that a common interest community association, when it is primarily residential, cannot be sued for injuries occurring on abutting public sidewalks.
Continue Reading Appeals Court Grants Sidewalk Liability Protections to Common Interest Community Associations

In Campus Associates v. Zoning Board of Adjustment, a contract purchaser brought an application before the local zoning board of adjustment for a use variance to construct affordable housing. The zoning board ultimately denied the application and the contract purchaser opted not to appeal. When the property owner sought to appeal, instead, the zoning board filed a motion to dismiss the complaint on grounds that the owner lacked standing.
Continue Reading Campus Associates v. Zoning Board of Adjustment: Property Owner may have Standing to Challenge Denial of Application Brought by Contract Purchaser

The developer of a New Jersey Home Owners Association (HOA) secured township approval of a development plan by which single family affordable housing apartments would be constructed along public streets. Thereafter, this developer obtained approval from the township to change the community into an active affordable senior housing community.
Continue Reading Affordable Senior Housing HOA Wins Lawsuit to Maintain it’s Gates and Controlled Access in Relation to its Public Roads

In 2009, an affordable housing condominium entered into a foreclosure judgment against a Unit in the common interest community. After delays in the unit’s default mortgage foreclosure and a breached payment plan meant to help the unit owner pay the monthly maintenance fee, HOA fee, special assessment fee, and prior arrears, the association moved forward with scheduling a sheriff sale.
Continue Reading Increased Foreclosure Judgments to Secure all Funds Owed to the Common Interest Community

During tough economic times, it is essential that every common interest community create and maintain an effective, efficient and aggressive collection policy to collect HOA fees, monthly maintenance fees, special assessment fees, and other condo fees for common elements, and any such policy must account for an owner’s bankruptcy.
Continue Reading Handling and Protecting the Association, With Respect to an Owner’s Bankruptcy

If a New Jersey common interest community association tows vehicles from its private parking areas and roadways, it should be complying with the Predatory Towing Prevention Act (“Act”). Signed into law in October 2007, the Act primarily increases oversight of tow companies but also regulates a private property owner in towing vehicles from the premises without the vehicle owner’s permission.
Continue Reading Recent Amendments to the Predatory Towing Prevention Act

A law pending in the New Jersey State Assembly would, if adopted, regulate affordable housing common interest community and homeowner association’s hiring of vendors and would also address how to deal with potential conflicts of interest.
Continue Reading Proposed Law would Force Common Interest Community Association Boards to Take the Lowest Bid Causing Construction Defects