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 garnishing the unit owner’s wages.
Continue Reading How Community Associations Can Collect on Judgments by Way of Wage Garnishment

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.
Continue Reading How Community Associations Can Collect on Judgments by Levying Bank Accounts

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.
Continue Reading Can Board Members Vote By Proxy?

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.
Continue Reading Claims Under Municipal Services Act are Limited to 6 Years Statute of Limitations

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.
Continue Reading Are In-Home Businesses a Private Residential Use?

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”.
Continue Reading Third Tier Roadways within Community Associations are Entitled to Reimbursement Under Municipal Services Act

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.
Continue Reading Is Your Condo Ready for Some Football?

Community associations with unenforced deed restrictions can enforce them – even after 82 years! So says a Morris County Superior Court Judge after a recent trial in a case entitled Unfair Share Lake Arrowhead 2010, Inc. v. Lake Arrowhead Club, Inc.
Continue Reading Unenforced Deed Restrictions Are Not Abandoned!