Become a Notary: It Helps Your Association! It’s Easy! It’s Cheap!
By: Fran McGovern, Esquire
“Transition” is the due diligence process required by the board members’ fiduciary duty. In sum, the homeowner-elected board members must determine if the sponsor did what it was supposed to do and, if not, take action to get the deficiencies corrected. Upon assuming board control homeowner-elected board members must:
1) evaluate the association’s physical and financial condition;
2) communicate the findings to the members and the sponsor;
3) negotiate for repairs, money or a combination of repairs and money.
In Birch Glen Condominium Association, Inc. v. Boahene, the motion judge denied the association’s motion to sell the unit because the mortgage company was in the process of foreclosing and the motion judge did not believe the association should be able to sell or rent the property after the mortgage company started the foreclosure process. On appeal, we successfully argued and won a reversal of that ruling and affirming the right of associations to sell units to satisfy money judgments, so long as the debtor has no other personal assets.
New Jersey, along with many other states, has adopted a Smoke-Free Air Act (the “Act”) that bans smoking tobacco or electronic cigarettes in the workplace and in indoor public places. Most people are aware that this ban extends to restaurants and stores, but the definition of “indoor public place” also includes an “apartment building lobby or other public area in an otherwise private building.”
In Etelson v. Shore Club Urban Renewal LLC, a Hudson County jury found that the developer, the LeFrak Organization, Inc., Newport Associates Development Company and James LeFrak violated the Consumer Fraud Act and Planned Real Estate Development Full Disclosure Act ("PREDFA") in their advertising and marketing of a luxury high rise riverfront condominium in Jersey City (Shore Complex, North and South Towers).
Do they really mean "golf carts" or are they talking about "low speed vehicles" a/k/a "neighborhood electric vehicles".
It happens every winter. The Association is hit with yet another bad snowstorm. The snow removal crew arrives early and is attempting to clear the snow faster than it falls.
In these tough economic times, it seems no association is immune to the burden of vacant units. While failure to pay assessments is the most obvious problem, vacant units can introduce a host of other problems from squatters to burst pipes. While there is no quick fix or magic formula to correct the scourge of vacant units, there are steps that every association can take to ease and even eliminate the financial and maintenance burden vacant units can create.
It’s that time of year again… when extreme cold can cause pipes to burst in vacant units. In light of this, it is important that managers gain access into known vacant units to winterize them. This avoids unnecessary insurance claims and premium increases caused by ruptured water lines.