Community Associations
Should Your Community Association Operate its Pool Without Lifeguards? Guidance for Specially Exempt Facilities
Posted in Community Associations
Interest in the specially exempt status of community association pools has increased. This interest has been fueled by community association board members hoping to offset substantial costs incurred for COVID ambassadors and cleaning staff. As specially exempt public recreational bathing facilities, community associations may legally choose to operate their pools… Continue reading
Recent Changes to New Jersey’s Public Recreational Bathing Facility Code Will Impact All Community Associations
Posted in Community Associations
The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1, et seq., (“Bathing Code”), has changed as of January 16, 2018 and all pools in community associations with three or more dwelling units will be impacted. Some of these changes are minor and most community associations will have no difficulty… Continue reading
A Board of Trustees May Now Amend the By-Laws Without a Vote of the Unit Owners
Posted in Community Associations
On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). PREDFDA governs homeowners associations, condominium associations, and co-ops. The new PREDFDA provisions apply to trustee elections and certain by-laws amendment procedures. They also permit an association’s board of… Continue reading
New By-Laws Amendment Procedures Mandated by PREDFDA
Posted in Community Associations
On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While the new law was created in reaction to litigation involving a community called the Radburn Association, which lacked by-laws that mandated fair and open trustee elections, it… Continue reading
New Trustee Election Procedures Mandated by PREDFDA
Posted in Community Associations
On July 13, 2017, a new law was enacted in New Jersey amending the Planned Real Estate Development Full Disclosure Act (PREDFDA). While primarily governing the development of community associations (homeowners associations, condominium associations, and co-ops) PREDFDA also has many requirements relating to their operation and governance. The new amendments… Continue reading
Disney-Built Community Faces Serious Construction Deficiencies
Posted in Community Associations, Litigating Claims, Water Damage
The November 16, 2016 issue of the Wall Street Journal ran an article about Celebration, Florida, which is the master-planned community built by The Walt Disney Company in 1996. The title of the article summarized the state of affairs in Celebration as follows: “There Is Little Celebration in the Town… Continue reading
Lakeside at North Haledon Condominium Construction Defect Case Successfully Settled for $7.4 Million
Posted in Community Associations, Litigating Claims, News
Stark & Stark Shareholders Randy Sawyer and Andrew Podolski have successfully settled the Lakeside at North Haledon Condominium construction defect case for $7.4 Million. The case involved serious design and construction defect claims which caused damage to common elements from water infiltration through and around stucco, manufactured stone veneer (MSV)… Continue reading
The Need-to-Knows of Living in a Condominium Development – Part Two: Common and Limited Common Elements versus Unit property in Condominiums
Posted in Community Associations
Read the first part of this article here. You’re in your car heading home when you turn into your condominium development. That road you just entered, it’s a common element. On your route to your unit you pass by the club house and community pool— these are common elements as… Continue reading
Insurers of General Contractors Can No Longer Hide Behind Business Risk in Refusing to Defend Their Insureds in Construction Defect Litigation
Posted in Case Studies, Community Associations, Insurance Coverage & Liability, Litigating Claims
Generally speaking, a contractor’s commercial general liability (“CGL”) policy is designed to cover personal injury or property damage caused by an accident resulting from the contractor’s work. The policy is not meant to be a guarantee of the contractor’s work and therefore does not cover damages to the work itself… Continue reading
The Passing of the Torch – Transition of Control of a Condominium Association from the Developer to Unit Owners
Posted in Community Associations, Transition
Pursuant to the Planned Real Estate Development Full Disclosure Act (“PREDFDA”), N.J.S.A. §45:22A-21 et seq., a developer of a proposed condominium development that is subject to the registration requirements of PREDFDA must establish an association responsible for the management of the common elements and facilities of the proposed condominium development…. Continue reading
