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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

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Condo 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

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Condo 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

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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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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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In The Media

  • On the Run: Runner/lawyer DeBord out to protect the environment she loves

    Bucks County Herald, January 4, 2024

    When Brittany DeBord runs along the Delaware River canal towpath or on the trails of Tyler State Park, she doesn’t just appreciate the natural beauty of the...

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  • 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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