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Law Enacted to Prevent Significant Flood Insurance Rate Increases
Late last week the President signed into law a bill that will provide relief to millions of homeowners whose flood insurance premiums were expected to soar through the roof. A portion of the...
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Rent Receivers Revisited: Is the Appellate Division Decision in Woodlake at...
Last week, the Appellate Division of the New Jersey Superior Court issued a per curiam opinion denying the request of a condominium association for appointment of a rent receiver in Woodlake at King’s...
View ArticleCOOPERATOR EXPO - MAY 7, 2014
Please visit the booth for Becker & Poliakoff, LLP at the Cooperator Expo on May 7, 2014. We will have materials and a PowerPoint presentation concerning delinquent association fees and the...
View ArticleThe “Pay Now Litigate Later” Principal Applies to Property Tax Appeals for...
In an unpublished letter opinion dated June 17, 2014, the New Jersey Tax Court ruled that the owner of a condominium unit, subject to COAH restrictions, was required to pay the taxes in...
View ArticleThe New Jersey Appellate Division Confirms The Premise That “The Law Does Not...
In a per curiam opinion dated June 25, 2014, the Appellate Division, following the principles of equity, declined to set aside a sheriff’s sale based on the defendants’ allegation of lack of notice of...
View ArticleQUALIFIED COUNSEL SHOULD BE RETAINED TO COLLECT DELINQUENT HOA FEES By:...
Although statistically speaking, cases involving the collection of delinquent homeowners’ association fees do not rank in the top percentage of claims for FDCPA violations filed in federal court, law...
View ArticleNew Jersey Court Rules That Beneficiary of Estate is Not Responsible for HOA...
In an opinion dated July 8, 2014, the Appellate Division of the Superior Court of New Jersey ruled that the beneficiary of a decedent’s estate was not responsible to pay delinquent...
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Article 17
To Boot or Not to Boot? Immobilizing Vehicles for Parking Violations*Most community associations have rules and regulations in place governing the parking of vehicles. Violations are typically...
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Community Association Collections: What's In Your Wallet?
As the end of 2014 approaches, many community associations and board members will be forced to deal with the issue of how well they fared with resolving homeowner delinquencies for the past...
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Alternative Dispute Resolution for Collection of Delinquent Condominium Fees
By: Angela M. Morisco, Esq. A recent decision by the Appellate Division of the Superior Court of New Jersey confirmed the scopeof the ADR requirement set forth in Bell Tower v. Haffert, 423 N.J....
View ArticleCondominium Associations: Fear Not The Dreaded Legal Fees
By: Angela M. Morisco, Esq. If your condominium association has delinquent owners, fear not the dreaded legal fees. In a decision dated May 1, 2015, the Appellate Division confirmed what community...
View ArticleNew Jersey Bankruptcy Court Rules Chapter 13 Debtor Only Required to Pay...
By: Angela M. Morisco, Esq. In a published opinion dated June 11, 2015, the U.S. Bankruptcy Court for the District of New Jersey ruled that since the condominium owners' mortgage was under water, the...
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When it Comes to Emotional Support Animals, a Turkey is Not Fowl Play
Several days ago, we all cackled when Fox News aired a story questioning whether a turkey is "fowl play". The story involved an airline passenger accompanied by a turkey. The airline permitted the...
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New York Appeals Court Confirms Condominium Lien is a Continuing Lien
Don't Leave Money BehindIn a recent decision, the Appellate Division, First Department confirmed that a condominium claim of lien is, in fact, a continuing lien. Why is this significant? Typically,...
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The Worldwide Web Of Judgment Enforcement
Citing the importance of post judgment discovery to aid in the process of judgment enforcement, the Appellate Division, First Department has determined that a subpoena served on the New York branch...
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Aesthetics Prove Costly For New Jersey Condominium Owner
In a recent Appellate Division decision, a lawsuit that began as a simple action to collect delinquent condominium assessments proved to very costly to the owner.The history of the litigation is...
View ArticleName Lending Leads to Attorney Suspension
What’s in a name? The New Jersey Law Journal recently reported that the Supreme Court issued a three month suspension to an attorney for “lending” his name to a law firm where he was a nominal partner...
View ArticleDelinquent Owners Can Run, But They Cannot Hide
Feeling uncomfortable with the length of time that it took for the Office of Foreclosure to enter a Final Judgment of Lien Foreclosure for a Fort Lee condominium, I was excited when the week of the...
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The Discovery Rule May Defer Statute of Limitations Applicable to...
In a recent decision the New Jersey Appellate Court held that a lawsuit by a condominium association against the developer and other parties responsible for the negligent design and construction of a...
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Homeowners Awarded Treble Damages for Developer’s Failure to Disclose
On February 4, 2016, the Appellate Division affirmed an award of treble damages to three new home purchasers, where the developer knew, but failed to disclose, that the garage could not practically fit...
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