Community Associations
Electric Vehicle Charging Stations – Pulling Up to Your Community Association Soon?
Posted in Community Associations
As electric vehicle production and use are becoming a significant part of the country’s energy conservation and global warming reduction effort, many states are passing laws in order to help expand the installation and use of electric vehicle charging (EVC) stations. New Jersey has now joined that list of states.
AAA Arbitration: The Jury is Out
Posted in Community Associations
A number of community associations are governed by Declarations/Master Deeds and By Laws containing a provision that any controversy or claim arising out of, or relating to the Declaration/Master Deed or By Laws, must be submitted to and decided by the American Arbitration Association (AAA) under its Commercial Arbitration Rules…. Continue reading
How Can the Community Association Collect From Insurance Policies Insuring the Sponsor, General Contractor, Subcontractors, and Design Professionals?
Posted in Community Associations, Insurance Coverage & Liability
Liability insurance policies insuring sponsors, general contractors, subcontractors, and design professionals are confusing and loaded with complex terminology that make them difficult to understand. Yet, it is these policies that hold the key to the ability of a community association to recover damages from design and construction deficiencies. Rather than… Continue reading
Pools (and Some Other Amenities) are Opening in New Jersey! Should You Open Yours?
Posted in Community Associations
Governor Murphy has now announced that community association pools may open in New Jersey on June 22. If you didn’t hear that announcement, you probably did hear the collective cheers from Cape May to Mahwah. But, just because pools and some other amenities may open, you must ask: should you… Continue reading
What’s Wrong With the Stucco on Our Buildings?
Posted in Community Associations, EIFS, Litigating Claims, Water Damage
Stucco is a product that has been in use as an exterior building cladding since the early 1800’s. It is made from Portland cement, sand and water. When installed correctly, stucco has been a reliable building material that looks good and allows incidental moisture infiltrating behind the stucco to be… Continue reading
Radburn Law Regulations
Posted in Community Associations
Effective May 18, 2020, proposed regulations to PREDFDA were adopted and published by the New Jersey Department of Community Affairs, Division of Codes and Standards (DCA). A Brief History In July 2017, several amendments to PREDFDA (N.J.S.A.45:22A-43) were signed into law becoming known as the “Radburn Election Law” (P.L.2017, c…. Continue reading
Governor Murphy Signs Into Law Title 15 Amendment to Allow for Remote Member Meetings
Posted in Community Associations
The Legislature passed S2342/A3915, which allows non-profit corporations to hold member meetings remotely during this state of emergency, to the extent that the board adopts guidelines to establish procedures governing member meetings. The bill was just signed into law by Governor Murphy.
Validity of Debts May Be Disputed by Oral Communication: Third Circuit Rejects Requirement of a Writing to Dispute Consumer Debt Under the Fair Debt Collections Practices Act
Posted in Community Associations
On March 30, 2020, the U.S. Court of Appeals Third Circuit issued an important decision in the case of Riccio v. Sentry Credit, Inc., approving oral communication as a method to dispute the validity of a debt. This decision overruled Graziano v. Harrison 950 F.2d 107 (3d Cir. 1991), a… Continue reading
What Should Condominium Associations Do After Cypress Point?
Posted in Community Associations
It has been several months since the New Jersey Supreme Court decided Cypress Point Condo Ass’n v. Adria Towers, LLC. The issue in Cypress Point was whether rain water damage caused by a subcontractor’s faulty workmanship constituted “property damage” caused by an “occurrence” to trigger coverage under a condominium developer’s… Continue reading
Important Changes to Community Association Lien Priority
Posted in Community Associations
On April 29, 2019, an important bill for community associations was signed into law by Governor Murphy. This bill, A5002/S3414, extends the lien priority for condominium associations and creates the same lien priority for homeowners associations.
