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...
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...
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. We're not prepared for our annual meeting which is in August. We'd like to reschedule for September. Can we do that or should we just have an unprepared annual meeting in August to just say we had one? A. While we would normally not advise...
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...
Don't Leave Money Behind In a recent decision, the Appellate Division, First Department confirmed that a condominium claim of lien is, in fact, a continuing lien. Why is this significant? Typically, the time frame between the recording of a lien for past due maintenance fees and...