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Author: Martin C. Cabalar

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Q&A: Board Member Confidentiality Agreements

Q: Can board members adopt a policy requiring all members of the Board to execute a confidentiality agreement? A: While there is no New Jersey case law directly on point, the likely answer is that with respect to material that is confidential, the governing board of...

Q&A: Access to Financial Documents

Q: How often do HOAs need to provide financial reports that include a balance sheet, receipts for work contacted and bank statements to the contributing members? A: It is not readily apparent from the question whether the reader is asking on behalf of a condominium association, or a...

Q&A: Disclosure of Tenant Information

Q: Does a condominium association board have an obligation to disclose information to an owner about an individual who is leasing a unit? If the lessee has a permanent guest with a criminal background does the board have an obligation to disclose this to the owner? A: Typically, a condominium association in New Jersey would not...

Landmark Decision by New Jersey Supreme Court Finds Developer’s Insurance Covers Consequential Damages Caused by Faulty Workmanship of Subcontractors

The New Jersey Supreme Court has finally joined the majority of other states by holding that the standard developer/general contractor commercial general liability insurance policy (“CGL policy”) covers consequential damages caused by the faulty workmanship of their subcontractors.  The ruling is significant for condominium and...