Articles

Articles

by
Francis J. McGovern, Jr., Esquire

It’s common knowledge that Burlington County Chancery Judge Karen L. Suter has not been receptive to Associations’ applications for appointment of rent receivers.  This has been true even when a unit is abandoned, vacant and worth less than the balance of the mortgage.  Nevertheless, we believe that Judge Suter and New Jersey’s other Chancery Judges will, in the proper circumstances, continue to grant Associations’ applications for appointment of rent receivers.

by
Scott K. Penick, Esquire

Alternative Dispute Resolution – commonly referred to as “ADR” – has been an especially hot topic for community associations since the New Jersey Appellate Division’s 2012 decision in Bell Tower Condominium Association, Inc. v. Haffert. In that case, the Court held that “housing-related disputes” under the Condominium Act include disputes over the validity of special assessments for repairs and improvements to the common elements.

by
Francis J. McGovern, Jr., Esquire

 

Indemnify:  I will absorb claims/liability against you.

Defend:  I will pay the attorney fees and costs to defend you.

Hold Harmless:  I will not bring claims against you.

by
Francis J. McGovern, Jr., Esquire

"Interest” and “late fees” are different things.  Governing documents may provide for interest and/or late fees.  Judges are sensitive to the difference. 

by

Associations review their budget at the end of the fiscal year to determine the new budget for the upcoming year.  In their budget, some Associations will have to reserve funds to repair and maintain one or more common elements that are no longer used by its members. These costly, but necessary budget items often times do not provide members with any value. Fortunately, Associations may be able to avoid these expenses by removing a common element.

by
Francis J. McGovern, Jr., Esquire

He's Not the Man He Used To Be - What Can Be Done When Your Neighbor Has Mental Problems

by
Francis J. McGovern, Jr., Esquire

The most common arrangements for retaining attorneys are hourly, retainer, task based, contingent fee or mixed-contingent. An attorney's 'out-of-pocket' expenses must be paid in addition to the attorney's fee.

by
Francis J. McGovern, Jr., Esquire

Chances are your Association doesn’t have spare money lying around.  Chances are your Association has five or more “regular debtors” – the ones who are on the arrearage list year-in and year-out.

by
Francis J. McGovern, Jr., Esquire

Putting lipstick on a pig makes the animal no less a pig. Cladding the lobby in marble and installing fancy fixtures makes an old building no younger. 

by
Damon M. Kress, Esquire

Defendants in Construction Defect Case Lack Standing to Enforce By-Law Provisions Intended for Unit Owners’ Benefit – Membership Ratification is Effective

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