Q: Our association is considering eliminating the lifeguard at our pool. Do we need to do anything other than post “swim at your own risk” signs? A: Many communities throughout the State of New Jersey are giving serious consideration to eliminating the lifeguard at their pool...
Q: A resident is demanding copies of attorney invoices, but aren’t these subject to the attorney-client privilege? A: The simple answer is: it depends. While “it depends” is not the most satisfyingly complete answer, owners generally have a right to see our invoices. However, when an...
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...
Question: Is there a limit how much we can charge to pull, provide and copy requested paperwork? Can we make a profit? Answer: Yes, there is a limit to the amount a condominium association can charge its residents to provide copies of records the association is...
On December 7, 2017, a Hudson County Superior Court Judge, in the matter of Grandview II at Riverwalk Port Imperial Condominium Association, Inc. v. K. Hovnanian at Port Imperial Urban Renewal III, LLC, et al, Docket No. HUD-L-2839-14 ("Grandview II"), denied summary judgment to an architect...
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...
On September 14, 2017 the New Jersey Supreme Court issued a long anticipated decision in the matter of The Palisades at Fort Lee Condominium Association, Inc., v. 100 Old Palisade, LLC (“Palisades”). The decision may have an immediate impact on recently constructed condominiums, or those...
Q: I live in a 40-unit condo building, which has a NO PET AMENDMENT from 1980. A woman recently purchased a unit and has been seen with a dog that barks all the time. She signed all the disclosure forms that stated “no pets” and...
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...
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...