You deserve to work with a law firm that offers integrity, reliability and a personal commitment to finding the right solutions for the challenges and opportunities you face every day. Since 1933, Stark & Stark has developed innovative legal solutions to meet our clients’ needs. More than 100 attorneys, over 30 practice areas, and a philosophy of putting the law to work for our clients is the basis from which we build and maintain our practice.

Unfortunately bad actors are leveraging the current Coronavirus epidemic for malicious intent. It has escalated so quickly that the United States Secret Service issued a press release.

As you might imagine, the phishing attacks exploit our concerns regarding COVID-19.

One widespread campaign includes a poisoned PDF document labelled “CoronaVirusSafetyMeasures_pdf“ which, if opened, can give full administrative control of your computer to the attacker.


Continue Reading Possible Security Risks of Working from Home

Max Schatzow, Esq., on behalf of Stark & Stark’s Investment Management & Securities Practice Group, submitted a comment letter to the U.S. Securities & Exchange Commission (“SEC”) in response to the SEC’s proposed interpretation of the standard of conduct under the Investment Advisers Act of 1940.

While Stark & Stark largely agreed with the SEC’s proposed interpretation of the standard of conduct, it took issue with its characterization of the duty of care owed by investment advisers. As a general matter, investment advisers owe their clients both a duty of care and a duty of loyalty. Stark & Stark generally agreed with the SEC’s framework surrounding the duty of loyalty. However, the SEC’s proposed interpretation of the duty of care would require “the duty to act and to provide advice that is in the best interest of the client.”


Continue Reading Stark & Stark Investment Management & Securities Practice Group Submits a Comment Letter to the SEC on Recent Rule Proposals

Property managers are often tasked with leading a board or member meeting. These tips will help to keep the meeting on track and productive. Before doing anything else in preparation for the meeting — double check compliance with notice requirements. No notice = no meeting.

Prior Planning Prevents Poor Performance – “The Five ‘P’s”

Preparation is the key to a successful meeting. Determine what type of meeting will be held – that is, a board or member meeting. Create a clear and concise agenda. Remind the board that it is your role to keep the meeting on track. Organization helps to start things off right and keep the meeting on the right track.


Continue Reading Tips to Help Property Managers Effectively Manage Meetings

The recently enacted Radburn statute changes how Community Association elections are conducted in New Jersey, impacting thousands of common interest communities. Community Associations in New Jersey must comply with the Radburn statute and potentially revise their voting systems and update their policies and procedures to comply with relevant law.

A key section in the Radburn statute provides that Community Associations shall not prevent electronic voting where the Community Association Board authorizes electronic voting and an Association member (or voting-eligible tenant) consents to voting electronically. Thus, while the Radburn statute allows electronic voting, implementing an electronic voting system requires the approval and authorization of the Association Board and the individual homeowner’s consent.


Continue Reading Should Your Community Association Be Concerned About Voter Fraud?

On June 6, 2017, the New Jersey Appellate Division ruled that a foreclosing mortgagee is not liable for unpaid condominium maintenance fees simply because it winterized the unit and changed the locks.

In the published decision Woodlands Community Association Inc. v. Mitchell, the Appellate Division reversed a trial court verdict in favor of the condominium association. The three-judge panel went onto offer guidance as to what specifically constitutes a “mortgagee in possession” of a property, a determination the judges noted required a case-by-case approach.


Continue Reading Condominium Association Cannot Collect Unpaid Fees from Lender’s Assignee

Drones are the latest craze to hit the market and chances are someone in your community has a drone, or your community deals with a vendor that uses drones. Drones are small, unmanned aircraft that respond to the commands of a remote operator or follow a pre-programmed trajectory. They are technically known as “unmanned aerial vehicles” or “UAVs”. Initially developed by the military, drones are now available to the general public and are used by many businesses and individuals alike. drone in sky As drone technology develops and evolves, it is important for your Community Association’s rules to develop and evolve to protect the health, safety and welfare of residents.
Continue Reading Can Community Associations Regulate the Use of Drones?

Trenton’s revaluation has been a long time coming. Originally slated for 2016, it’s official for 2017. Property owners are now receiving notices of the new assessments proposed by the revaluation company hired by Trenton and the Trenton’s assessor. If the new assessment is not scrutinized, the Taxpayer, whether the property owner or triple net tenant, will be stuck with the new assessment.

Trenton is a City in transition. Properties range from abandoned buildings and vacant lots to thriving offices, residential, retail, industrial, and other uses. Because of the vast range in the condition of properties in Trenton and their utility, sales and other data establish values that range all over the place. Simply put, the real estate market has not established a well-defined and clear guide to a property’s market value so the potential exists for a wide range of opinions as to the value of a particular property.


Continue Reading Property Revaluations in Trenton – Now, the Rubber Meets the Road

In the fall and early winter, as we approach the final days of the calendar year, the farthest thing from the mind of New Jersey taxpayers is their property tax bill. Months ago, the new tax bills were mailed and then filed away to be pulled out when quarterly payments are due. However, an astute taxpayer should make a note on the calendar for the last quarter of the year to look at the total assessment that appears on the tax bill and consider whether it reflects a fair or true value for the property. Acting proactively at this time of year can potentially shave significant dollars from a property owner’s tax bill, depending on the size of the assessment and the tax burden imposed by the municipality. Here’s why.

Continue Reading Your Current Commercial Property’s Assessment and Tax Bill: The Best Defense Is A Good Offense – Take Action Now!