Do . . . 5. Create realistic budgets that fund all necessary operating expenses and reserves. Many board members take great pride in never raising assessments. This is a great practice if there is an ability to reduce certain costs – say insurance premiums. But if it...
We often see complaints from community associations regarding smoking, cooking smells or noise emanating from one unit to another. This leads to the question: what, if anything, can the association do? While many communities have restrictions in the governing documents prohibiting acts which may be...
Very often boards of condominiums and other community associations hesitate to engage in litigation against unit owners who fail to pay common expense assessments due to fear of the legal expense. In addressing this concern, I often advise boards that likely if you do nothing, you...
Vincenzo Mogavero, chair of our New Jersey and New York litigation groups, has just received his M.B.A. from Cornell University. Vincenzo joined the New York office as a litigator in August 2011, and has continually impressed all of us with his intelligence, work ethic and leadership...
Last August, New York City enacted Local Law 147 which requires owners of class A multiple dwellings to adopt and disclose a smoking policy. Although touted as a disclosure policy, there are several requirements that owners need to be aware of since the law takes...
The Federal Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. § 1692, et seq. applies to attorneys engaged in the collection of debt for community associations. The language contained in demand letters is a frequent source of FDCPA litigation. Liability is often imposed based on...
The New Jersey Appellate Division Upholds the Sanctity of Property Held as Tenants by the Entirety In a decision dated, May 8, 2018, approved for publication, the New Jersey Appellate Division held that N.J.S.A. 46:3-17.4, precludes an unsecured creditor from forcing the partition of real property...
Q: Our community has a resident who leaves their unattended, large service dog on the balcony. The dog barks once or twice every time it sees anyone walk by. This goes on all day and evening. The tenant is a renter and efforts to have...
In our most recent blog post, we responded to a reader considering eliminating the lifeguard at their pool. This is something that many communities have considered doing this pool season as a result of the amendments to the Public Recreational Bathing Code, N.J.A.C. 8:26-1 (the “Code”), particularly...
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...