By Noah Botwinick | Published January 26, 2023 | Posted in Condominium Associations | Tagged Tags: attorney fees, Condo Association, Lawsuits Involving Board Members | Comments Off on Indemnification Provision Entitles Former Condominium Association Trustee to Recover Certain Fees and Costs for First-Party Claim
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Condominium Associations
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⟩ Indemnification Provision Entitles Former Condominium Association Trustee to Recover Certain Fees and Costs for First-Party Claim
Last week, New Jersey’s Appellate Division found that a former trustee of a condominium association’s board was entitled to recover certain fees and costs pursuant to the association’s indemnification provision. In that case, Boyle v. Huff, 2023 N.J. Super. Unpub. LEXIS 85, a trustee (Plaintiff) who had been kicked off a condo association’s board filed Read More
Read MoreCondo Liability In Snow Storms
by: Noah Botwinick The Superior Court of New Jersey’s Appellate Division recently overturned a grant of summary judgement to a defendant community association sued by a pedestrian who slipped on ice in a condominium parking lot within an hour of a snowstorm, citing an exception to the recently adopted ongoing storm rule. In Hanna v. Woodlan Cmty. Ass’n, No. A-0277-21 (App. Div. Nov. 17, 2022), a plaintiff condominium Read More
Read MoreCondo Association Is Awarded Monthly Fees and Penalties, but not Counsel Fees
The State Appeals Court has just issued an opinion awarding monthly condominium assessments and some penalties, but reversing a lower court’s sizable award of counsel fees. In Cross Roads Condominium Association v. Cosentino, Appellate Division Docket Number A-3599-20, decided on September 28, 2022, the Court ruled that the trial court did not adequately review the Read More
Read MoreScreening for Criminal Record may lead to Fair Housing Act violation
A recent memo by the US Department of Housing and Urban Development (HUD) appears to lay the basis for a Fair Housing Act (the “Act”) complaint for discrimination in situations where a tenant or potential buyer is kicked out of or denied housing where the sole cause of the ejection/denial is the tenant/potential buyer’s criminal Read More
Read MoreAmended Law Allows Additional Time for Condo Associations to Sue Developers
Governor Phil Murphy signed into law an amendment to the New Jersey Statute of Limitations, which allows more time for condominium and cooperative associations to sue real estate developers in certain circumstances. New Jersey’s Statute of Limitations, N.J.S.A. 2A:14-1, has for years stated that any plaintiff has six years from the date of accrual to Read More
Read MoreAppellate Division Rejects Property Owner Challenge to Condemnation Designation as Out of Time Under Local Housing Redevelopment Law
A Lindenwold woman was out of time to challenge her property’s condemnation designation when she did not challenge the condemnation until three years after the land use board passed a resolution recommending the designation, the Appellate Division held this April. In Borough of Lindenwold v. Mildred Jackson et al., Docket No. A-1308-20 (App. Div. April Read More
Read MoreAmended Law Allows Additional Time for Condo Associations to Sue Developers
Governor Phil Murphy signed into law an amendment to the New Jersey Statute of Limitations, which allows more time for condominium and cooperative associations to sue real estate developers in certain circumstances. New Jersey’s Statute of Limitations, N.J.S.A. 2A:14-1, has for years stated that any plaintiff has six years from the date of accrual to Read More
Read MoreHomeowner Associations Must Enforce Social Distancing Rules
We have seen some community association managers take the position that compliance with government ordered social distancing and stay at home orders are government problems, not community association issues. Lieberman Blecher & Sinkevich sees this in a different light. We believe that community associations cannot ignore these highly unusual public obligations. Community Associations Must Stop Read More
Read MoreNew Jersey Appeals Court Says “Ongoing Storm Rule” No Longer Applies to Commercial Real Estate — Will This Lead to A Slippery Slope?
For years many lawyers and property owners in New Jersey believed that the “ongoing storm rule” was applicable in this state. Under that rule a commercial property owner had no duty to treat or remove snow or ice during a storm. The duty arose after the storm ended at which time reasonable removal efforts had Read More
Read MoreAppellate Division Rules in Favor of Defendants in Condo Association Rent Recievership Case
In Woodlake at King’s Grant Condominium Association, Inc. v. Coudriet, the New Jersey Appellate Division addressed the issue of rent receivership in the community association context. Generally, a community association seeks the appointment of a receiver so that it can rent out a vacant unit and use the proceeds to pay overdue assessments, which was Read More
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