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Community Association Matters

Community Association Matters

Developer Transition Matters

The attorneys at Lieberman Blecher & Sinkevich 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

Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

A Maple Shade Township developer’s appeal of permit conditions was untimely when they appealed four months past the deadline and without any change in circumstances justifying deadline relaxation, the Appellate
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Appellate Division Declines to Allow Developer’s Four-Month-Late DOT Permit Appeal, Citing No Change in Circumstances

The Friendly Neighborhood Scheme

You have lived happily in your home for years, content with the fact that all the houses on your street appear the same from the outside. A deed restriction that
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The Friendly Neighborhood Scheme

NJDEP Required to Implement Some Portions of Governor Murphy’s Environmental Justice Law Immediately

On September 22, 2021, NJDEP Commissioner Shawn LaTourette issued Administrative Order No. 2021-25, requiring the Department to apply environmental justice standards to permit applications. While the Environmental Justice Law, signed
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NJDEP Required to Implement Some Portions of Governor Murphy’s Environmental Justice Law Immediately

Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds

Even though a crematorium performs a similar function to a traditional cemetery, a pre-existing nonconforming cemetery cannot add one to its grounds, extending its nonconformity, without Zoning Board approval. In Old
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Manalapan Cemetery’s Application for Crematorium Accessory Use Requires Zoning Board Approval, Appellate Division Holds

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

    NJ.com 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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  • Dark Waters: How a Class Action Catapulted NJ to Forefront of 'Forever Chemicals' Battle

    NJ Law Journal Jan 09, 2020

    As property owners become increasingly aware of PFAS contamination, and as individuals exposed to PFAS learn of the health risks associated with exposure, liability will likely affect entire supply chains.

    Read More
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