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In Re Rones Revisited: Court Rules Condo Lien Cannot be Strippped Off
Don't leave money on the table by assuming that a Chapter 13 bankruptcy filing by an owner wipes out or limits payment of a condominium association's pre-petition claim for unpaid fees and...
View ArticleFailure to Provide A Smoke Free Environment Entitles Co-op Owner to...
A recent decision of a New York trial court proved very costly for a cooperative.An owner successfully sued the co-op for breach of the warranty of habitability, constructive eviction and breach of...
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Developer’s Misrepresentations Relating to the Nature and Quality of Views...
Developer’s Misrepresentations Relating to the Nature and Quality of Views from High-Rise Riverfront Condominium Results in Award of Treble Damages Were you promised “breathtaking,”...
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Q&A: Accomodating Requests for Support Animals
Q: I live in a condo. We are having some issues with residents that are moving into the building and requesting a companion dog. They always say they can a letter from their doctor. Please...
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Landmark Decision by New Jersey Supreme Court Finds Developer's Insurance Covers Consequential Damages Caused by Faulty Workmanship of SubcontractorsThe New Jersey Supreme Court has finally joined the...
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Q&A: Disclosure of Tenant InformationQ: Does a condominium association board have an obligation to disclose information to an owner about an individual who is leasing a unit? If the lessee...
View ArticleNO BANK ACCOUNT, NO EMPLOYMENT, NO PROBLEM
Once a judgment for condominium arrears is entered and various post judgment enforcement remedies have proved unavailing to locate assets, i.e. there are no bank accounts in the debtor’s name and no...
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David Ramsey Receives CAI Distinguished Service Award
Hearty congratulations go out to J. David Ramsey, shareholder in Becker & Poliakoff’s community association practice group. David was recently honored with the Distinguished Service Award at the...
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Becker & Poliakoff Wins Multi-Million Dollar Jury Verdict In Landmark...
FOR IMMEDIATE RELEASEMedia Contacts:Kris Conesa or Andi PhillipsRoar Mediakconesa@roarmedia.com or aphillips@roarmedia.com(305) 975-5934 or (305) 401-5098Jury Finds Subsidiary of National Developer...
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Q&A: Handling Requests for Emotional Support AnimalsQ: I live in a 40-unit condo building, which has a NO PET AMENDMENT from 1980. A woman recently purchased a unit and has been seen with a dog...
View ArticleQ&A: Unsightly Neighboring Property
BY: J. DAVID RAMSEY Q. We want to clean up the property next door to our association. The association does not own the property. It's less money to just have it cleaned up compared to getting the...
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Q&A: Scheduling of Annual Meetings
By: J. DAVID RAMSEYQ. We're not prepared for our annual meeting which is in August. We'd like to reschedule for September. Can we do that or should we just have an unprepared annual meeting in August...
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Benefits of the Municipal Services Act
Many communities are either not receiving the benefits of the Municipal Services Act or are being substantially shortchanged by the municipality in reimbursements dueBY: MARTIN C. CABALARNew Jersey’s...
View ArticleNew Legislation to Enhance Owner Participation in Community Association...
BY: J. DAVID RAMSEYOn Thursday, July 13, Governor Christie signed legislation to enhance owner participation in community association elections. The CAI Legislative Action Committee, with Community...
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Q&A: Mandatory Evacuation During a Hurricane?
BY: J. DAVID RAMSEYQ. Can we order our residents to evacuate our association in cases of things like hurricanes? Does a state emergency order play a role? If the state orders a mandatory evacuation...
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Q&A: Enforcement of Violations
BY: J. DAVID RAMSEYQ. One resident constantly complains about another resident who is in violation of a HOA rule. As a board we are aware of the violation but allow the situation because of the...
View ArticleDoes Your Homeowners Association Have Adult Only Swims
Did you know that adult only swims in homeowner associations can be discriminatory?The Federal Fair Housing Act [the “Act”] prohibits policies that discriminate against any person in the terms,...
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Did the New Jersey Supreme Court Reduce the Time for a Common Interest...
BY: MARTIN C. CABALAROn September 14, 2017 the New Jersey Supreme Court issued a long anticipated decision in the matter of The Palisades at Fort Lee Condominium Association, Inc., v. 100 Old Palisade,...
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Q&A: Access to Financial Documents
BY: MARTIN C. CABALARQ: How often do HOAs need to provide financial reports that include a balance sheet, receipts for work contacted and bank statements to the contributing members?A: It is not...
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Hudson County Court Distinguishes Controversial Palisades Decision
On December 7, 2017, a Hudson County Superior Court Judge, in the matter of Grandview II at Riverwalk Port Imperial Condominium Association, Inc. v. K. Hovnanian at Port Imperial Urban Renewal III,...
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