Articles

Articles

by
Michael R. Polulak, Esquire

Open Board Meetings and the Coronavirus

Associations must continue to function.  Board meetings must be held, and decisions must be made.

The CDC has recommended against any gatherings of ten or more people through at least the middle of May.  Therefore, Association’s must postpone community events and avoid in-person meetings. However, the Association must continue to operate, and the Board must continue to conduct the Association’ s business. 

by
Francis J. McGovern, Jr., Esquire

Happy 4th of July!!!

Why isn’t the pool open? What am I paying my assessments for anyway!?

The Fourth of July is a little less than 100 days away.  Memorial Day, a little less than 60 days away.  The Coronavirus crisis continues.  Why are we talking about the pool now?

Some contracts are already in place.  What do we do with them?  Should we modify?  Should we cancel?  Should we breach? Will we be sued?  What will the damages be?

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On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security (CARES) Act, which provides relief to taxpayers affected by the novel coronavirus (COVID-19). The CARES Act is the third round of federal government aid related to COVID-19.

The bill authorizes emergency loans to distressed businesses, including air carriers, and suspends certain aviation excise taxes.

With respect to small businesses, the bill

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The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19. The Department of Labor’s (Department) Wage and Hour Division (WHD) administers and enforces the new law’s paid leave requirements. These provisions will apply from April 1, 2020 through December 31, 2020.

by
Francis J. McGovern, Jr., Esquire
Governor Murphy issued Executive Order Number 107 this afternoon. Governor Murphy described the Order as his “Stay at Home Order”. The original Order is 13 pages long and is available on the Governor’s website. The attached copy has been modified to remove four pages of “Whereas” clauses and insert headings for convenience purposes only. These headings are not a part of Executive Order 107. As you can see from the headings, the Order addresses the foll
by
Francis J. McGovern, Jr., Esquire

To mitigate the impact of COVID-19 and protect the capacity of New Jersey’s health care system for the state’s most vulnerable, Governor Phil Murphy today signed Executive Order No. 107, directing all residents to stay at home until further notice. The order provides for certain exceptions, such as obtaining essential goods or services, seeking medical attention, visiting family or close friends, reporting to work, or engaging in outdoor activities.

by
Francis J. McGovern, Jr., Esquire
Coronavirus Update
 
by
Francis J. McGovern, Jr., Esquire

 

Among other things, the Centers for Disease Control and Prevention (the “CDC”) have noted that:

“Older adults and people who have severe underlying chronic medical conditions like heart or lung disease or diabetes seem to be at higher risk for developing more serious complications from COVID-19 illness.  Please consult with your health care provider about additional steps you may be able to take to protect yourself”. 

by
Francis J. McGovern, Jr., Esquire

March 6, 2020

HOW TO SAVE BIG $$$ ON ATTORNEY FEES

We are regularly asked how Associations can save money on attorney fees.  Some argue: “go with an hourly agreement, that way the Association can control the attorney’s work.”  Others might argue: “flat-fee retainer agreements are best; budgeting will be easier.”  Still others might say: “a contingent fee arrangement is best, that way the Association won’t have to pay unless the attorney wins.”

by
Francis J. McGovern, Jr., Esquire

Copyright:  Francis J. McGovern, Jr., Esquire

New Board Member Overview

Board Member Duties

Fiduciary Duty. Board members have a fiduciary duty to the Association.  The “business judgment rule” is the standard by which board action is measured.  So long as the board members fulfill their duties of “care” and “loyalty” and their decisions are not patently unreasonable, their decisions will typically not be second-guessed by a court. 

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