Posted in Business & Commercial Law
Once association counsel obtains a personal Judgment against the unit owner for failure to pay maintenance fees, late fees, attorneys’ fees and costs, and other charges, we look for ways to collect on the Judgment. If delinquent unit owner rents his unit, one method of collecting on the Judgment is by levying the rental income. Continue reading
Posted in Nursing Home Fraud, Nursing Home Information
According to Medicare fraud reports by the U.S. Department of Human Health and Services (HHS), the U.S. Department of Justice’s Medicare Fraud Strike Force team has investigated $7 billion in fraudulent billing since 2007 and prosecuted over 2400 medical professionals and administrators. Part of that amount comes from nursing homes… Continue reading
Posted in Social Security
Some period of time after a claimant begins receiving Social Security Disability Benefits, the Social Security Administration (SSA) generally conducts a Continuing Disability Re-Evaluation (CDR). If you are less than 55 years of age at the time your benefits begin, a review is usually conducted every 3 years. If you… Continue reading
Posted in Construction
Community associations are often given common elements in transition that incur damage from design and/or construction deficiencies. Associations typically have limited funds. Even those with ample financial resources are usually governed by Boards whose members are keenly aware of the fact that the Association’s funds are trust monies that need… Continue reading
Posted in Business & Commercial Law
In a recent New Jersey Tax Court decision, ACP Partnership v. Garwood Borough, the court ruled that it will permit consideration of a property’s environmental contamination in deciding its true market value even though the property possesses a “value in use” to the tax payer. The case is significant because… Continue reading
Posted in Business & Commercial Law
The bylaws of most community associations permit members to vote “in person” or “by proxy.” Voting “in person” means just what it sounds like: a member attends a meeting and casts their vote while physically in attendance. But what does voting “by proxy” mean? Black’s Law Dictionary defines a “proxy”… Continue reading
Posted in Business & Commercial Law
If a party has decided that it would like to Contest a decedent’s Will, the next question that arises concerns the appropriate venue to file the Will Contest. The general rule, as set forth by Rule 4:80-1(c), is that a Will Contest must be commenced in the State and County… Continue reading
Posted in Pennsylvania Law Monitor
For those of us who practice in the world of medical negligence, it is almost routine to receive Preliminary Objections from the defense moving to strike all allegations that contain references to unidentified agents, servants, employees, attending physicians, nursing staff, and other support staff. Despite what seems to be clarity… Continue reading
Posted in Business & Commercial Law
In general, the time limitation to file a lawsuit in the State of New Jersey is quite lengthy. For instance, an action related to a Breach of Contract matter would extend for six years from the date of the breach, whereas a Personal Injury matter may be filed two years… Continue reading
Posted in Construction
Earlier this year, the New Jersey Appellate Division reversed a Bergen County trial court decision, which had dismissed a construction defect case filed by a condominium association more than six years after the condominium complex was substantially completed, but less than six years after the association received the transition engineering… Continue reading
