Photo of A. Christopher Florio

A. Christopher Florio is a Shareholder and Chair of the Community Associations Group. Mr. Florio has substantial experience in the negotiation of loan transactions, collections, workouts, and real estate law, including foreclosures.

A recent Appellate Division case, approved for publication (which means it will have Statewide application and authority) was recently decided regarding the ability of a homeowner association to restrict the leasing of a home. The case, Cape May Harbor Village And Yacht Club Association, Inc. v. Sbraga, et al., while a case of first impression in New Jersey, will probably be limited in scope and applicability throughout the State of New Jersey.
Continue Reading Do Community Associations Have the Authority Needed to Prohibit the Leasing of Units

On November 4, 2011, I was a panelist at the New Jersey Institute for Continuing Legal Education’s seminar located in North Brunswick, New Jersey. The topic was “Community Association Law Summit: Top Ten Topics for 2011”.
Continue Reading Stark & Stark Shareholder Presents Seminar Discussing Community Associations’ Financial Problems

On October 22, 2011, I was a panelist at the New Jersey Chapter of Community Associations Institute Annual Exposition. The seminar focused on Rules and Regulations for community associations. Particularly, the seminar focused how best to reconcile rules and regulations in light of New Jersey and Federal statutes that may be in opposition to the association-implemented rule.
Continue Reading Stark & Stark Shareholder Presents Seminar Discussing Rules and Regulations for Community Associations

In 2010, during the peak of America’s high mortgage default rate, New Jersey’s Judiciary commenced a proceeding aimed at a variety of improper foreclosure practices. In the Matter of Residential Mortgage Foreclosure Pleadings and Document Irregularities, MER-F-59553-10.
Continue Reading New Jersey’s Six Biggest Banks Agree with Judiciary on Plan to Protect Against Improper Foreclosures While Restarting Them

The Federal Housing Finance Agency (“FHFA”) recently published a Notice of Proposed Rulemaking directing Fannie Mae, Freddie Mac and the Federal Home Loan Bank System to regulate transfer fees paid to common interest community associations. While the revised FHFA draft will allow community associations to continue to use deed-based transfer fees (i.e., capital contributions, condo fees, flip taxes, etc.) to fund association operations, the rule would still allow FHFA to limit how associations use the income generated by such fees.
Continue Reading Federal Housing Finance Agency Publishes Rule Regarding Capital Contributions, CondoFees, Flip Taxes, HOA Transfer Fees, etc.

In these tough economic times, the delinquent monthly payments of homeowners’ special assessment fees, HOA fees, maintenance fees, and/or condo fees have become more and more of an impediment to an Association’s ability to remain self-sustaining and pay its every day expenses to maintain its common elements and address any construction defect claims that may arise.
Continue Reading Common Interest Community Association Lien Foreclosures and the Eviction Process

Five of the country’s largest banks recently received a list of demands from state attorneys general with respect to their foreclosures due to mortgage default. If the banks give in to the government’s demands, common interest community associations will only be further burdened by owners of homes and units that are delinquent on paying their monthly special assessment fees, HOA fees, and/or maintenance fees.
Continue Reading Possible State Attorneys General Plan to Make it Harder for Banks to Foreclose to Further Damage Common Interest Community Associations

In 2003, President Bush signed the “Fair & Accurate Credit Transactions Act” into law. The law was enacted to stem the tide of what was deemed “rampant identity theft”. Congress empowered the Federal Trade Commission (“FTC”) to promulgate rules to effectuate the law.
Continue Reading Common Interest Community Associations & the United States Red Flag Rule

The Federal Housing Administration (FHA) just extended the deadlines for condominium projects seeking to renew their FHA certifications. New guidelines established by the FHA in 2009 require that condominiums be re-certified and approved every two years. According to the FHA, all condominiums that received approval before October 1, 2008, were supposed to be re-certified by December 7, 2010. However, the deadline for approval has now been extended.
Continue Reading Extended Deadlines for FHA Condo Certification Renewals