Posted in Community Associations
Generally speaking, all binding decisions of a common interest community and/or homeowners association must be made at governing board meetings open to attendance by all owners. Continue reading
Posted in Real Estate
It’s not uncommon for an executor or administrator of an Estate to find that the decedent has left a house which needs to be sold by the Estate. In addition to the normal requirements for selling a house, there are some special issues to consider when the seller of real estate is the estate of a decedent. Continue reading
Posted in News
In a recent case, St. Louis, L.L.C. v. Final Touch Glass and Mirror, Inc., 386 N.J. Super 177, 899 A.2d 1018 (App. Div. 2006), the Appellate Division of the New Jersey Superior Court found that appropriate compensation for defective construction was the disunion in value of the home, and an acceptable way of valuing that disunion is to look at the cost to repair the defects. Continue reading
Posted in Bankruptcy & Creditor's Rights
Recently, the Appellate Division of the State of New Jersey in Hodges v. Feinstein, Raiss, Kelin & Booker, LLC declared that law firms that regularly file summary dispossess action (aka “evictions”) for non-payment of rent are subject to the Fair Debt Collection Practices Act (“FDCPA”). Additionally, the Appellate Division held residential evictions for failure to pay rent must now be made by verified complaint. Continue reading
Posted in Business & Commercial Law
For those who work on construction jobs, getting paid is certainly far better than the alternative. Creditors with a lien are in a much better position to be paid, particularly if a bankruptcy filing enters the equation. It is critical, therefore, for creditors to understand their rights under New Jersey law. Continue reading
Posted in Business & Commercial Law
It is not unusual for a buyer and seller to want to close on their house sale, but there remains obligations on the part of the buyer or seller to fulfill. Continue reading
Posted in Business & Commercial Law
Recently, many municipalities have performed revaluations in order to make certain that all their assessments reflect the current market value of the properties located in their municipality. When a property owner files a tax appeal to challenge a tax assessment after a revaluation, who bears the burden of proving whether the new assessment is correct – the tax assessor or the property owner? Continue reading
Posted in Business & Commercial Law
The rise in property revaluations has caused confusion throughout the State of New Jersey. Property owners have been questioning the motives of their governing bodies and appealing assessments, often times without an understanding of the law. Continue reading
Posted in Business & Commercial Law
In New Jersey, there is no set age for emancipation. Many people seem to think that a child is emancipated when he/she reaches the age of majority which is 18, but in most cases this is not true. Continue reading
Posted in Business & Commercial Law
The Appellate Division extended to applications for development seeking approval for density variances (building more units on land than may be allowed pursuant to local ordinance), “the relaxed standard of review” established for deviations from conditional use requirements. Continue reading
