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Community Association Matters

Community Association Matters

Developer Transition Matters

The attorneys at Lieberman & Blecher assist residential and commercial community association clients, including condominium and homeowners’ associations in various legal matters. Given our attorneys’ substantial experience in land use matters and real estate transactions, we are able to assist non-profit associations with any issues concerning developer transition. Such issues may include the legal formation of the association, the preparation and filing of governing documents and the management of outstanding development issues, such as structural, engineering and utility concerns. Transition of control from developer to association is a vital process that requires meticulous attention to detail and an understanding of the rights and obligations of the association. Our attorneys and staff have are experienced in working with community associations of all sizes to ensure that the community’s rights are protected.

Debt Collection

Especially in trying economic times, community associations may face delinquencies in the collection of common assessment and maintenance fees and dues. Our attorneys and paraprofessionals understand that an association faced with increasing non-payment issues may not be as able to meet its continuing obligation to operate and maintain the common elements of the community. To ensure a well-run community, we work with associations to implement procedures that not only meet debt collection needs, but also ensure long-term sustainability.

The right policies and procedures will help decrease and associations uncollectable accounts and maximize its legal protections in the face of owner bankruptcy or foreclosure actions. With our extensive experience in collections practice, we are able to institute both informal and formal collection procedures against delinquent owners, such as drafting and filing liens and personal complaints, appearing in bankruptcy actions, and conducting post-judgment discovery to secure payment for our association clients.

Our goal is to implement collection policies and procedures that are personal and cost effective as to each association. While reducing delinquencies is important, the manner in which these policies are executed must be economical so that the receivables outweigh the costs of collections. We work closely with our association clients to ensure that they receive personal, cost-effective legal services each step of the way.

Environmental and Other Tort Liability Issues

Though acting in a non-profit capacity, community associations frequently face liability issues. As experienced litigators, our attorneys are equipped to handle any liability issues that arise, including environmental and other tort liability issues. We often assist community association clients in actions brought by vendors, homeowners and governmental entities. Recognizing the importance of foresight, our attorneys also work with our association clients in conducting risk assessments to minimize potential liability. Whether our community association clients become aware of underground storage tanks located within their communities, noise abatement issues, property damage complaints, slip-and-falls or other personal injuries, our attorneys work tirelessly to protect the community association’s interests.

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Recent Blog Posts

United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

National Association of Manufacturers v. Department of Defense, et al. 583 U.S. ____ (2018) Decided January 22, 2018 Since the passing of the Clean Water Act in 1972, the definition of “the waters
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United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

New Jersey Voters to Decide Important State Constitutional Amendment concerning the Environment

On Tuesday, November 7, 2017, New Jersey voters will be asked to decide on a state constitutional amendment regarding the use of natural resource damages collected by the State in
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New Jersey Voters to Decide Important State Constitutional Amendment  concerning the Environment

Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

Real estate transactions involving commercial and residential properties frequently employ the use of escrow agreements to address potential environmental issues.  This practice is widespread in New Jersey and it permits
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Appellate Division Case Demonstrates Importance of Carefully Negotiated Escrow Agreements

NJDEP Updates Soil Remediation Standards for 19 Contaminants

Effective September 18, 2017, new soil remediation standards govern the cleanup of contaminated sites in New Jersey.  The New Jersey Department of Environmental Protection (“NJDEP”) recently updated remedial standards for
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NJDEP Updates Soil Remediation Standards for 19 Contaminants

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

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  • Town liable for private company's leaking underground tanks, court rules Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

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