Community Associations
So You’re Going to Get Deposed? Essential Tips for the New Deponent
Posted in Community Associations, Litigating Claims
Sitting in the “hot seat” for the first time can be a stressful and intimidating experience and especially so if there is significant money on the line. As a seasoned litigator, I have deposed more witnesses than I’d like to admit and have seen many witnesses struggle under the pressure… Continue reading
Pre COVID-19 Construction Cost Estimates Are Likely Outdated
Posted in Community Associations, Litigating Claims
In New Jersey (and virtually all other states), construction defect cases for common interest community associations are heavily reliant on expert witnesses. Even if a building system is obviously defective — in that windows leak every time it rains, cracks have developed in walls, and sidewalks have sunken from improper soil… Continue reading
What Are the Different Types of Community Association Meetings?
Posted in Community Associations
What are the different types of association meetings? How do you know what type of meeting to have? Community associations have board meetings and member meetings; knowing the difference and scheduling the right meeting is critical. Board Meetings for Community Associations At board meetings, the board of trustees conducts its… Continue reading
To Volunteer or Not: The Role of Community Association Board Members
Posted in Community Associations
Community associations by and large rely on the efforts of volunteer board members to ensure their success. These individuals play a critical role in shaping the direction and priorities of the organization, and in ensuring that it remains accountable and responsive to its members. But what does it mean to be… Continue reading
5 Reasons Community Associations Need an Attorney That Specializes in Collections
Posted in Community Associations
Assessments are the lifeblood of any condominium or homeowners association. To run properly, community associations must maintain strong financials. Associations must ensure that unit owners pay their assessments on time and in full and that any delinquencies that arise are handled by a community association collection lawyer who can employ… Continue reading
What is a Disaster Communication Plan?
Posted in Community Associations
In our modern world we take our ability to communicate seamlessly and instantly for granted. We communicate through more services and devices than ever before. Our options are vast: Facebook, Twitter, SMS text messaging, WhatsApp, email, traditional mail, cell phones, and even landline telephones. But what if those channels of communication,… Continue reading
What is a Disaster Preparedness Plan?
Posted in Community Associations
Life can change in a matter of moments. As my mother always says: “An ounce of prevention is worth more than a pound of cure.” Benjamin Franklin may also have been known to utter the phrase once or twice, but still, I’ll give credit to my mom. Preparation is key… Continue reading
Proposed Bill Would Require All Commercial Liability Insurance Policies Issued In New Jersey to Specify Coverage For “Faulty Workmanship”
Posted in Community Associations, Construction Litigation
Assemblyman Gary S. Schaer of New Jersey’s 36th District introduced a proposed bill, A.B. 1075, that would require all commercial liability insurance policies issued in New Jersey to include “faulty workmanship” within the definition of “occurrence.” The proposed bill “provides that a commercial liability insurance policy shall not be delivered, issued,… Continue reading
New Legislation Permanently Allows Community Association Members to Participate in Member Meetings Via Remote Communication
Posted in Community Associations
The New Jersey Nonprofit Corporation Act (N.J.S.A. 15A:5-1, et seq.) (the “Act”) was amended on Monday, January 22, 2022, to permanently allow remote community association member meetings (using Zoom, Teams, or other remote communication technologies). Previously, the Act permitted remote meetings of members-only when New Jersey was in a declared state of… Continue reading
Five Steps to Successful Trustee Elections
Posted in Community Associations
Step One – Start Early. The time to start working on your next election is the day after your last election. Make notes for next year. What worked well? What could be done better? Clearly note the new (and existing) trustee terms in the minutes. Too often trustee terms get… Continue reading