When Do Condos and HOAs Have to Provide Alternative Dispute Resolution?
An unhappy unit owner has contacted the community association’s board or property manager and demanded alternative dispute resolution (“ADR”). Does the association have to provide ADR? What is the format for ADR? Who pays for it? Is the decision binding or can it be...
The Right to Partition: This Land Is Your Land, This Land is My Land….
When a co-owner of real estate decides they want to segregate their interest in the property, to the objection of the other owner(s), practical and legal issues quickly arise. So what remedy does one have to withdraw from co-ownership of real estate? The law provides...
Five Foreclosure Do's and Don'ts
Falling behind on mortgage payments can happen to anyone. How one handles what happens after that can be vitally important to the resolution of the problem. What follows are five things that one should do, or should not do when facing foreclosure: DO review all...
Review of NJ Senate Bill S72 Regarding State Oversight of Budgets of Regional Sewerage Authorities
The pending bill, which addresses State oversight of regional sewerage authorities, is intended to cap the budgets of authorities by limiting budget increases, overall and to local units (municipalities), to a 2% cap. The only exception to the 2% would be costs...
Revised Standards for Land Title Surveys For 2016
The National Society of Surveyors (NSPS) and the American Land Title Association (ALTA) have substantially revised the Minimum Standard Detail Requirement for ALTA/NSPS Land Title Surveys, which are effective February 23, 2016 (revising the 2011 existing version). The...
Does Your Mortgage Really Have Priority?
If you record a mortgage affecting land with the local county land recording office, that gives you priority over someone filing another mortgage after yours, correct? Well, not necessarily. I’m not saying don’t record. Always record. But that doesn’t necessarily mean...
Post-Judgment Attorney’s Fees, What Condo Associations Need to Know
A New Jersey court recently denied a condominium association’s application for attorney’s fees accrued during collection efforts because the association’s governing documents failed to expressly provide for those post-judgment fees. In the United States, the general...
When Can Members of a Community Association Install Satellite Dishes or Antennas?
Satellite dishes and antennas can be a point of contention in community associations. Viewed by some as an unwanted deviation from the uniform appearance of the community, satellite dishes and antennas may offer cost-savings or enhanced programming options deemed...
Conflict of Interest: Two New and Critical Questions for Governing Body Members
If you are a municipal governing body or board member, you need to constantly assess potential conflicts of interest and whether you have a disqualifying interest that would prohibit you from considering a land use ordinance or application. Failure to do so could...
Cars Can Now Be Searched Without A Warrant in NJ
New Jersey driver rights took a hit this week. In a surprising decision this week our state’s highest court reversed a prior decision regarding when police are allowed to search our vehicles. In its most recent decision determining when police can search vehicles in...
Are Community Associations Liable For Sidewalks?
Can your community association be held liable for injuries caused by poorly maintained sidewalks? According to the most recent State Supreme Court decision on this issue, yes, if the association owns the sidewalks within the community. Recently, New Jersey’s Supreme...
One Step In Your Application Process Could Limit Workers’ Ability To Sue
If you are a New Jersey employer, an extra step in your application process could limit future legal claims by your employees. A 2014 decision by New Jersey’s appeals court has the potential to make it more difficult for workers to sue their employers. Specifically,...
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