Articles

Articles

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. 

by
Francis J. McGovern, Jr., Esquire

 

 

 

IMPORTANT ALERT  

by
Francis J. McGovern, Jr., Esquire

On July 18, 2019 the New Jersey CAI Legislative Action Committee (“LAC”) submitted its comments to the Department of Community Affairs with respect to the proposed regulations.

The full submission is in the following link:

https://www.cainj.org/wp-content/uploads/2019/07/Ltr-from-CAI-LAC-NJ-to-DCA-re-proposed-regulations-7.16.19.pdf

by
Francis J. McGovern, Jr., Esquire

DCA Proposes New Association Regulations Including Fines & Penalties

On June 3, 2019 the New Jersey Department of Community Affairs published proposed new association regulations. A copy of the DCA’s summary and the full text of the proposed amendments and new rules can be found here:

https://www.nj.gov/dca/divisions/codes/codreg/pdf_rule_proposals/PRED_Election_Regs.pdf

by

New regulations regarding the use and operation of swimming pools were recently added to the New Jersey Public Recreational Bathing Code and became effective January 16, 2018. Included in these new rules and regulations are a number of updated first aid and lifeguard requirements that community associations should be aware of.

by
Francis J. McGovern, Jr., Esquire

During the post-game Press conference, Foles said “I think that the big thing that helped me was knowing that I didn’t have to be Superman. I have amazing teammates, amazing coaches around me and all I had to do was just go play as hard as I could and play for one another and play for those guys…”.

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