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Screening 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

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Two Days Community Associations Make the News for Unusual Reasons

Condo boards and home owner associations usually don’t make headlines.  But sometimes they do and we have had a month filled with some unusual events First, we actually have a person who lost a condo board election filing a lawsuit to challenge the results.   Most boards don’t have enough people volunteering for office to Read More

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Two Days Community Associations Make The News for Unusual Reasons

Condo boards and home owner associations usually don’t make headlines.  But sometimes they do and we have had a month filled with some unusual events. First, in South Jersey we actually have a person who lost a condo board election filing a lawsuit to challenge the results. Most boards don’t have enough people volunteering for Read More

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Previous Property Manager Charged with Embezzling and Laundering Stolen Funds from Hamilton Park CO-OP.

Nicolas DePaola of Ewing New Jersey was indicted on twelve charges for embezzling and laundering stolen money from his prior client, Hamilton Park CO-OP. On April 1, 2022, a Mercer County grand jury has indicted DePaola on charges of first-degree financial facilitation of criminal activity, second degree theft by unlawful taking, second-degree theft by failure Read More

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Amended 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

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Appellate 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

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Amended 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

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Should the Association Pool be Reopened During COVID-19?

As the State of New Jersey slowly recovers from COVID-19, Governor Murphy has begun to reopen the state and relax restrictions on businesses and activities. Under Executive Order 153, outdoor swimming pools are allowed to reopen effective June 22, 2020. However, pools that are reopening during this time must comply with standards and policies issued Read More

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Homeowner 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

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New 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

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Recent Blog Posts

Appellate Division applies rarely used equitable doctrine to preserve HOA

The Superior Court of New Jersey’s Appellate Division recently found that sums owed by a bank to a Homeowners’ Association (HOA) after the bank acquired a portion of a residential
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Appellate Division applies rarely used equitable doctrine to preserve HOA

Screening 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
Read More
Screening for Criminal Record may lead to Fair Housing Act violation

LBS Sues New Jersey Department of Transportation for Stormwater Easement in Cedar Grove

Lieberman Blecher & Sinkevich is proud to represent Carolyn O’Connell in her lawsuit against the New Jersey Department of Transportation (NJDOT), for the damage caused to her property by a
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LBS Sues New Jersey Department of Transportation for Stormwater Easement in Cedar Grove

Religious Services Not Residential Uses, Appellate Division Holds

Weekly religious services, religious education programs, paid lunches and cooking classes are not residential activities within the meaning of a “residential use,” the Appellate Division held recently. In Welch v. Chai
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Religious Services Not Residential Uses, 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.

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