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...
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...
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...
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...
Many communities are either not receiving the benefits of the Municipal Services Act or are being substantially shortchanged by the municipality in reimbursements due. New Jersey’s Municipal Services Act (the “Act”), N.J.S.A. 40:67-23.2 – 23.8, requires that every municipality provide “qualified private communities” with certain municipal...
Were you promised “breathtaking,” “unparalleled waterfront views” or an “unbelievable panoramic range” of views of the Hudson River and Manhattan skyline from your condominium unit, only to have your view obstructed by a neighboring building constructed after your purchase? Depending on the circumstances surrounding the...
A recent decision of a New York trial court proved very costly for a cooperative. An owner successfully sued the co-op for breach of the warranty of habitability, constructive eviction and breach of contract based on the infiltration of second hand smoke into the owner's apartment. The New York...
Don't leave money on the table by assuming that a Chapter 13 bankruptcy filing by an owner wipes out or limits payment of a condominium association's pre-petition claim for unpaid fees and assessments. A recent decision of the United States District Court, on appeal from an order of the U.S. Bankruptcy...
On February 4, 2016, the Appellate Division affirmed an award of treble damages to three new home purchasers, where the developer knew, but failed to disclose, that the garage could not practically fit a normal-sized sedan.[1] Plaintiffs purchased model homes with a two-car garage, but...
In a recent decision the New Jersey Appellate Court held that a lawsuit by a condominium association against the developer and other parties responsible for the negligent design and construction of a condominium, that was filed more than six years after substantial completion of construction,...