By Stuart Lieberman | Published April 22, 2020 | Posted in Community Associations, Condominium Associations, Homeowner Associations | Comments Off on Homeowner Associations Must Enforce Social Distancing Rules
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Condominium Associations
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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
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
Read MoreCourt Permits Condo Association to Pursue Contractors for Common Area Damage Absent Unit Owner Approval
In Port Liberte II Condominium Association v. New Liberty Residential Urban Renewal Company, the NJ Appellate Division reinstated a condominium association’s multi-million dollar lawsuit over construction defects, holding that the contractors sued by the Association lacked standing to enforce a bylaw requiring unit owners to approve the litigation before it is filed. The Court further Read More
Read MoreCourt Rules in Favor of Community Association Business Judgment Rule
The New Jersey Appellate Division recently addressed a community association case, Apple Ridge Condominium Association v. Rodgers, in which a unit owner alleged that the Association caused him to be rejected for a reverse mortgage on his condominium by engaging in bad faith through its involvement in a lawsuit with a group of fee simple Read More
Read MoreCondo Association Not Liable for Icy Sidewalk Fall
Icy Sidewalks Find an Audience with the Appellate Division Winter is in full effect. With sidewalks covered in snow, falls on ice are occurring throughout the state. Community associations concerned about their liability regarding these falls can refer to the recent Appellate Division decision in Cuiyun Qian v. Toll Bros. The plaintiff resided with her Read More
Read MoreNJ Appellate Division Addresses Condo Associations, Developers, & Lawsuits
Recently, the New Jersey Appellate Division in Belmont Condominium Association v. Geibel addressed the issue of when a condominium association has standing to sue a developer. The case involved a thirty-four unit condominium building in Hoboken called the Belmont. Seven years after the sale of the last unit, the community association sued the developer for Read More
Read MoreLimiting Liability for Condominium, Homeowner and other Community Associations
On March 20, 2013, the Superior Court of New Jersey ruled in Irma Sanchez v. The Villages Association that the burden of proving the validity of a community association’s bylaws limiting its liability in personal injury cases rests with the injured plaintiff. It is beneficial for community associations, their boards, professional managers and unit owners Read More
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Recent Blog Posts
Recent Appellate decision emphasizes the consequences of failing to perform due diligence
By Carolyn Griffin / March 3, 2021
In December 2020, the NJ Appellate Division published a decision emphasizing the importance for purchasers of property use their “due diligence” period to learn as much as possible about the
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New Jersey has ambitious goals for emission reductions
By Stuart Lieberman / March 1, 2021
New Jersey’s Global Warming Response Act (“GWRA”) calls for New Jersey to decrease its greenhouse gas emissions by 80% from their 2006 levels by 2050. In January 2020, Governor Murphy
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San Diego Receives Federal Funding to Fight Mexican Sewage
By Stuart Lieberman / February 23, 2021
San Diego has just received substantial federal funding from the EPA to address a chronic problem: raw sewage coming from Tijuana Mexico. That sewage has been migrating over the border
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New Jersey Supreme Court rules for NJ Transit in insurance claim for damages due to Superstorm Sandy
By Carolyn Griffin / February 22, 2021
A New Jersey Supreme Court opinion issued on January 27, 2021 affirmed an Appellate Division decision in favor of NJ Transit over its insurers. In 2012, when Superstorm Sandy hit
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