Community Association Law

The New Elections Law – What Condo Associations Need to Know

On July 13, 2017, Governor Christie signed into law new legislation that was initiated as a direct response to the New Jersey Appellate Division’s decision in Moore v. Radburn Ass’n, Inc.  The new law is designed to make community association elections, including condominium associations, decidedly more democratic. In Radburn, it had been determined that a...
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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 appealed? Does the association need a specific ADR policy? These are...
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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 rule is that each party pays its own attorney’s fees, win or lose.  One common exception to this rule occurs when...
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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 essential to sports fanatics. Those who purchase a unit in a community buy subject to the...
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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 Court clarified that community associations containing private sidewalks have an obligation to maintain those sidewalks in...
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